The current international asylum regime recognizes only persecuted persons as rightful asylum applicants. The Geneva Convention and Protocol enumerate specific grounds upon which persecution is recognized. Claimants who cannot demonstrate a real risk of persecution based on one of the recognized grounds are unlikely to be granted asylum. This paper aims to relate real-world practices to normative theories, asking whether the Convention’s restricted preference towards persecuted persons is normatively justified. I intend to show that the justifications of the persecution criterion (...) also apply to grounds currently lacking recognition. My main concern will be persecution on the grounds of gender.The first section introduces the dominant standpoints in theories of asylum, which give different answers to the question of who should be granted asylum, based on different normative considerations. Humanitarian theories base their claims on the factual neediness of asylum-seekers, holding that whoever is in grave danger of harm or deprivation should be granted asylum. Political theories base their justifications on conceptions of legitimacy and membership, holding that whoever has been denied membership in their original state should be granted asylum. Under political theories, Matthew Price’s theory will be discussed, which provides a normative justification of the currently recognized persecution criterion. The second section provides a descriptive definition of persecution based on Kuosmanen, and evaluates the normative relevance of the different elements of this definition based on the theories presented previously. The third section is devoted to the examination of the normative justifiability of the nexus clause’s exclusive list of the bases upon which persons might be persecuted. The section argues that while the clause does not recognize that persecution might be based on gender, in fact many women experience harms based on gender that fulfil all the normatively relevant definitive conditions constituting persecution. The conclusion shows that although the current law’s preferences towards the persecuted are justifiable, the nexus clause’s limiting enumeration of grounds is not. This applies especially to the exclusion of gender as grounds for granting asylum.Article first published online: 21 DEC 2015. (shrink)

This special issue examines the diverse realities created by the intersection of emerging technologies, new scientific knowledge, and the human being. It engages with two key questions: how is the human being shaped and constructed in new ways through advances in science and technology? and how might these new ways of imagining the subject shape present and future human rights law and practice? The papers examine a variety of scientific technologies—personalized medicine and organ transplant, mitochondrial DNA replacement, and scaffolds and (...) regenerative medicine—and their implications for our conceptualization of the human subject. Each is then followed by a commentary that both brings to light new dimensions of the original paper and presents a new theoretical take on the topic. Together these papers offer a serious challenge to the vision of the human subject at the root of human rights law. Instead of the autonomous, rational, unique, and physically discrete individual who owns herself and her body, the subject that emerges from the human technology assemblage has physically porous boundaries and a relational self. This depiction of the human being as a relational subject enmeshed in her technoscientific environment requires that we reconceptualize human rights law and practice. (shrink)

Depression is associated with increased maintenance of negative affect (NA) and reduced – blunted and short-lived – maintenance of positive affect (PA). Studies have focused on factors associated with the maintenance of NA, specifically, the emotion regulation strategy of brooding and the capacity to hold negative affective experiences in working memory (WM). Despite its theoretical importance, less attention has been given to factors associated with the maintenance of PA in depression. This study aims to synthesise factors playing a role in (...) the maintenance of both NA and PA. Specifically, we used self-reported assessment of PA and NA regulation and performance-based measures of NA and PA processing in WM to predict depressive symptoms severity. Participants (N = 219) completed the Affective Maintenance Task (AMT, Mikels et al., Citation2008), which provided performance-based measures of PA and NA maintenance, and filled out questionnaires assessing brooding, positive rumination and depressive severity. Brooding, positive rumination and AMT-based measures of positive (but not negative) affective information processing were independently associated with depressive symptoms. We highlight the unique contributions of PA processing, as well as of self-reported emotion regulation strategies in understanding depression maintenance. (shrink)

ABSTRACTIn this study, we developed a cognitive bias modification procedure that targets inferential style, and tested its effect on hope, mood, and self-esteem. Participants were randomly assigned to training conditions intended to encourage either a negative or a positive inferential style. Participants’ inferences for their failure on a cognitive challenge were congruent with their training condition. Moreover, compared to participants in the positive training condition, those in the negative condition reported less hope and exhibited lower mood and self-esteem following the (...) failure. Finally, the training affected mood and self-esteem indirectly via its effect on participants’ inferences for their failure. These findings provide support for the causal role of inferential style in depressed affect. (shrink)

The heated and unresolved debate in philosophy of history evoked by Hempel’s suggestion that the deductive-nomological model of explanation is equally applicable to the natural sciences and history, has unintentionally led to a distorted conception of what it is to explain in history. We argue that explanation in history, at its best, is contingent not on general laws, not even on consequentiality, but on labels as frames of meaning. These labels further serve as a basis for eliciting models which help (...) determine the fuller meaning of occurrences and processes in history. (shrink)

This article offers a new definition of culture which hinges on what we consider to be its most distinctive feature, namely its artificiality. Our definition enables us to resolve some of the main issues and controversies involved in the concept of culture and its course of development. We argue that the large human brain played a revolutionary role in inverting the course of natural adaptation of the human species. This dramatic turnabout allowed humans to set their own conditions of existence (...) in their created environment; and one which unlike nature they were able to shape and dominate. We demonstrate the crucial part of language not merely in communication but in forming a web of meaningful symbols which gave rise to the human spiritual or metaphysical world. We depict human society as an unparalleled elaborate web of relationships which gave hominids an advantage over other species from the very beginning. (shrink)

The term “Cartesianism” is commonly applied to a wide range of philosophical and scientific doctrines. The question of what constitutes the spirit or essence of Cartesianism – providing a common core for the works of Descartes, Arnauld, Rohault, La Forge, Régis, Spinoza, Le Grand or Malebranche, among others – has elicited a great variety of answers. Without attempting a comprehensive response to the question, I begin by presenting some main presuppositions and goals commonly attributed to Descartes and other Cartesian doctrines (...) – both by their proponents and opponents. A fundamental Cartesian postulate concerns the metaphysical dualism of body and mind. Thoughts (e.g., ideas, volitions and judgments) are regarded by Descartes as modifications of the mind, whereas extension, size, shape, motion or rest are modifications of matter. According to the Cartesian “way of ideas,” the mind is directly acquainted only with its own modifications, and the objects external to the mind are known only through the mediation of ideas. External reality is viewed as given independently of any individual subjective consciousness. Although Descartes was not the first to posit this view, he invested it with a new meaning in his novel conception of the human mind. Within this framework, the Cartesian subject has been viewed mainly as an observer – one who can only represent independent reality rather than constitute it. Some indication of this view may be found in the third part of the.. (shrink)

Early Buddhist Metaphysics provides a philosophical account of the major doctrinal shift in the history of early Theravada tradition in India: the transition from the earliest stratum of Buddhist thought to the systematic and allegedly scholastic philosophy of the Pali Abhidhamma movement. Entwining comparative philosophy and Buddhology, the author probes the Abhidhamma's metaphysical transition in terms of the Aristotelian tradition and vis-à-vis modern philosophy, exploits Western philosophical literature from Plato to contemporary texts in the fields of philosophy of mind and (...) cultural criticism. (shrink)

Today, nearly two years after Wexler and Sullivan’s (2023) article was first published, the crucial questions discussed therein are all the more pertinent and troubling. The advent of novel interve...

To assess whether and how environmental values and sense of place relate to sustainable farming practices, we conducted a study in South Kona, Hawaii, addressing environmental values, sense of place, and farm sustainability in five categories: environmental health, community engagement and food security, culture and history, education and research, and economics. We found that the sense of place and environmental values indexes showed significant correlation to each category of sustainability in both independent linear regressions and multivariate regression. In total, sense (...) of place explained a larger share of the overall farm performance. However, each indicator showed relative strengths; environmental values showed significantly higher correlation to environmental and educational practices. Furthermore the scales were complimentary, and the use of both scales greatly improved prediction of good farming practices from a multiple-impact perspective. With implications for community and environmental impacts, results suggest that a more comprehensive view of farmers’ environmental values and place connections may help illuminate individual farmers’ decisions and sustainability-related practices. (shrink)

Fertility treatments, which are part of "assisted reproductive technologies" (ART), mainly undertaken through in vitro fertilization (IVF), offer the opportunity to infertile couples to conceive. IVF treatments are undertaken in Israel in significantly higher numbers than in the rest of the world. As such, Israel provides an important case-in-point for examining the validity of the actual claims used to justify the more generous public funding of IVF treatments at the policy level. In this article, we utilize an analytical philosophy approach (...) to conduct this examination. First, we highlight two fundamental concepts that were used at the Israeli public policy level in order to justify the generous public funding of IVF treatments. These concepts are “emotional vulnerability” and the “worthlessness of the childless,” where the latter emphasizes the infinite value of children. Then, by applying the perspective of the European model of Bioethical Principlism, and focusing the attention to these two concepts we show that these justifications are invalid. Specifically, it is suggested that these concepts are on the one hand both relying on and expressing the principles of vulnerability, dignity, and integrity; yet on the other hand, these concepts are also undermining the very principles of bioethics they are supposed to express and rely on. Based on this suggested criticism, we offer two “take home” messages informed by our analysis of the Israeli case, but reaching beyond it. (shrink)

In the first half of Part 5 of the Ethics, Spinoza presents his directions for mitigating the passions through reason. He touts his account of the power of reason over the passions as ground-breaking and unique, while positioning himself squarely within the traditional debate of akrasia, or weakness of will. Spinoza claims he is the first to identify the affects through their characteristic effects, and demonstrate the way these effects can be countered by the mind’s activity. It follows that Spinoza’s (...) claim for originality can be explained in (at least) two ways: first, passions themselves have been misunderstood, and second, previous philosophers have misunderstood the relationship between reason and the passions. In the first part of this paper, I place Spinoza’s discussion of the passions and reason’s power over them in a historical context. Next, I present Spinoza’s definition of the affects, and his directions for ‘destroying’ the passions. In the third section I point to the differences between my interpretation and that of recent commentators. Finally, I discuss the way in which Spinoza’s directions for mitigating the passions serve as the psychological basis for his moral theory. (shrink)

Appearing in English for the first time, Schelling’s 1842 lectures develop the idea that many philosophical concepts are born of religious-mythological notions.

Several questions regarding Spinoza's concept of essence have been the topic of recent scholarly debate. In this paper, I show that the connection between love, desire and essence is ubiquitous in the Ethics, as well as metaphysically and psychologically coherent; moreover, it provides the key to answer unresolved questions. Analyzing the notion of essence through Spinoza's theory of love shows that essence can be expressed in different ways, and be reflected through different objects of love. These objects of love, in (...) turn, signify the extent to which the affected mind understands itself, God and things in the world. Each object is a different expression of the same single, unique essence of the individual, and therefore of the desire which defines them. This interpretation allows to solve some puzzles about essence, and also to establish the importance of love in Spinoza's philosophy as a whole-especially his epistemology and ethics. (shrink)

As is well known, the renowned Hegel scholar, Franz Rosenzweig, had a dramatic break with Hegel in particular and German Idealism more broadly, as strikingly evidenced in his magnum opus, The Star of Redemption. In the third or 1815 draft of Die Weltalter, Schelling writes that while “all thinking must begin the dialectic, it cannot end in the dialectic.” Schelling continued his turn toward what he called “positive philosophy,” which emerges “toto caelo” differently than from the “universality” and “indeterminacy” of (...) negative thought. What is this new mode of thought, born—both for Schelling and for his unexpected admirer Rosenzweig—from the limitations of negative thought? How does one characterize this rupture within Idealism itself? (shrink)

Models of set theory are constructed where the non-stationary ideal on PΩ1λ is presaturated. The initial model has a Woodin cardinal. Using the Lévy collapse the Woodin cardinal becomes λ+ in the final model. These models provide new information about the consistency strength of a presaturated ideal onPΩ1λ for λ greater than Ω1.

This article explores the role of filmic objects within the romantic relationships featured in Ernst Lubitsch’s silent The Marriage Circle (1924) and the comedy Trouble in Paradise (1932). I argue that these objects reflect a unique engagement with the materiality of film décor, which makes use of the strong presence of objects to portray intimacy as the site of inconclusive meaning. By examining both films together, I demonstrate how the world of inanimate objects brings erotic undertones to the surface while (...) challenging the material conditions of the erotic itself. In order to do so, I examine the ways in which Lubitsch relies on material details not only as functional narrative devices, but as elements that challenge and complicate our interpretations of familiar things. While the underacknowledged use of objects in The Marriage Circle illustrates the logic of displacement that stands at the center of the director’s style, Trouble in Paradise provides a framework for recognizing the critical role of objects in the structure of desire in his films. This article sets up a new reading of tactility and materiality in Lubitsch’s use of mise en scéne and seeks to give objects a prominent role in the analysis of his style. (shrink)

Spinoza’s bold claim that there exists only a single infinite substance entails that finite things pose a deep challenge: How can Spinoza account for their finitude and their plurality? Taking finite bodies as a test case for finite modes in general I articulate the necessary conditions for the existence of finite things. The key to my argument is the recognition that Spinoza’s account of finite bodies reflects both Cartesian and Hobbesian influences. This recognition leads to the surprising realization there must (...) be more to finite bodies than their finitude, a claim that goes well beyond the basic substance-monism claim, namely, that anything that is, is in God. This leads to the conclusion, which may seem paradoxical, that finite bodies have both an infinite as well as a finite aspect to them. Finite bodies, I argue, both actively partially determine all the other finite bodies, thereby partially causing their existence insofar as they are finite, as well as are determined by the totality of other bodies. I articulate precisely what this infinite aspect is and how it is distinct from the general substance-monism dictum. (shrink)

This paper seeks to analyse an under-discussed kind of self-control, namely the control of thoughts and sensations. I distinguish first-order control from second-order control and argue that their central forms are intentional concentration and intentional mindfulness respectively. These correspond to two forms of meditation, concentration meditation and mindfulness meditation, which have been regarded as central both in the traditions in which the practices arose and in the scientific literature on meditation. I analyse them in terms of their characteristic intentions, distinguish (...) them from concentration and mindfulness in general, and examine the relations between them. Concentration involves keeping the mind focused on a single object, while mindfulness requires noticing whatever mental states occupy the focus of one’s consciousness. In the course of the investigation I examine the role of phenomenology and volition in the activity of meditating, and how they change as meditative capacities develop. (shrink)

On the True Sense of Art collects essays by philosophers responding to John Sallis's Transfigurements: On the True Sense of Art as well as his other works on the philosophy of art, including Force of Imagination and Logic of Imagination. Each of the chapters, by some of the leading thinkers in Continental philosophy, engages Sallis's work on both ancient and new senses of aesthetics--a transfiguration of aesthetics--as a beginning that is always beginning again. With a responsive essay by Sallis himself, (...) On the True Sense of Art forms a critical introduction to the thought of this generation's most important aesthetician. (shrink)

2015 Reprint of Original 1936 American Edition. Exact facsimile of the original edition, not reproduced with Optical Recognition Software. Karl Mannheim was a Hungarian-born sociologist, influential in the first half of the 20th century and one of the founding fathers of classical sociology as well as a founder of the sociology of knowledge. His essays on the sociology of knowledge have become classics in the field. In "Ideology and Utopia" he argued that the application of the term ideology ought to (...) be broadened. He traced the history of the term from what he called a "particular" view. This view originally saw ideology as the perhaps deliberate obscuring of facts. Over time this view gave way to a "total" conception (most notably in Marx), which argued that a whole social group's thought was formed by its social position (e.g. the proletariat's beliefs were conditioned by their relationship to the means of production). However, he called for a further step, which he called a general total conception of ideology, in which it was recognized that everyone's beliefs-including the social scientist's-were a product of the context they were created in. Mannheim points out social class, location and generation as the greatest determinants of knowledge. He feared this could lead to relativism but proposed the idea of relationism as an antidote. To uphold the distinction, he maintained that the recognition of different perspectives according to differences in time and social location appears arbitrary only to an abstract and disembodied theory of knowledge. (shrink)

There is a long tradition of reading Spinoza as committed, perhaps unwillingly, to the non-reality of finite modes. While acknowledging that Spinoza does seem to rely on the reality of modes in certain places, Michael Della Rocca has called attention to what he labels an “idealist strand.” As a concluding remark in “Steps Toward Eleaticism in Spinoza's Philosophy of Action,” he claims that faced with these two conflicting strands, which are genuinely to be found in the text, it is better (...) to note both rather than artificially imposing a unity on the text. In this paper, I suggest that one need not admit two conflicting strands in Spinoza, on the one hand, nor arbitrarily disregard one strand, on the other. Rather, I argue for a unified view that diagnoses what gives rise to both seemingly conflicting strands. The key to this enterprise is recognizing that finite modes, paradoxically seeming perhaps at first, are not wholly finite. That is, a finite mode is determined by the totality of finite modes—wherein lies its finite aspect, but at the same time, and equally, partially actively determines this totality—wherein lies its infinite aspect. (shrink)

Any serious attempt to understand Spinoza's metaphysics requires an understanding of Spinoza's theory of attributes. It might seem a simple task to understand what attributes are since Spinoza prov...

One of the most famous and identifiable of Spinoza’s ideas is his amor Dei intellectualis (the intellectual love of God). It has been argued that this concept is somewhat alien to the main tenets of the Ethics, especially since it is reminiscent of more orthodox religious relations to God, and has a certain mystical (and so, nonrational) quality.In this paper, I will show that it is a consistent development of Spinoza’s interconnected and elaborate theories of knowledge and the affects. Spinoza (...) discusses three kinds of love: passionate love, friendship and the intellectual love of God.The intellectual love of God is nothing but a necessary outcome of Spinoza’s rationalistic project as a whole. Moreover, by culminating his ethical theory with such a concept, Spinoza is placing himself in a rich tradition of thinkers who develop epistemological and ethical systems that put love (either as eros or philia) as the backbone of their philosophy. In order to illustrate the similarities between Spinoza’s philosophical use of love and that of his predecessors, I will address salient features of Plato’s and Aristotle’s thought, emphasizing the relationship between love and ethics, as well as the nature of the philosophical impulse. (shrink)

One of the most famous and identifiable of Spinoza’s ideas is his amor Dei intellectualis (the intellectual love of God). It has been argued that this concept is somewhat alien to the main tenets of the Ethics, especially since it is reminiscent of more orthodox religious relations to God, and has a certain mystical (and so, nonrational) quality. In this paper, I will show that it is a consistent development of Spinoza’s interconnected and elaborate theories of knowledge and the affects. (...) Spinoza discusses three kinds of love: passionate love, friendship and the intellectual love of God. The intellectual love of God is nothing but a necessary outcome of Spinoza’s rationalistic project as a whole. Moreover, by culminating his ethical theory with such a concept, Spinoza is placing himself in a rich tradition of thinkers who develop epistemological and ethical systems that put love (either as eros or philia) as the backbone of their philosophy. In order to illustrate the similarities between Spinoza’s philosophical use of love and that of his predecessors, I will address salient features of Plato’s and Aristotle’s thought, emphasizing the relationship between love and ethics, as well as the nature of the philosophical impulse. (shrink)

This chapter focuses on the dispute between necessitarians and contingentists, mainly addressing the issue as to whether laws of nature are metaphysically necessary or metaphysically contingent with a weaker kind of necessity, commonly referred to as natural, nomological, or nomic necessity. It is assumed here that all fundamental properties are dispositional or role properties, making the dispute a strictly verbal one. The existence of categorical intrinsic properties as well as dispositional properties is also assumed and the relationship between them examined. (...) Finally, the chapter concludes by returning to the debate between necessitarians and contingentists under the assumption that both dispositional and categorical fundamental properties exist. It is argued here that necessitarian positions can be recast as contingentist, but that there are unequivocally contingentist positions preferred because they are less mysterious despite being ontologically more complex. (shrink)

The Covid-19 pandemic that entered our lives suddenly in 2020 compelled higher education systems throughout the world to transfer to online learning, including online evaluation. A severe problem of online evaluation is that it enables various technological possibilities that facilitate students' unethical behaviors. The research aimed to investigate these behaviors, as well as the reasons for their appearance, as practiced in exams held for the first time during the Covid-19 pandemic, and to elicit students' and lecturers' perceptions of students' academic (...) dishonesty during this period. The sample included 81 students and 50 lecturers from several Israeli colleges and universities. The findings expand extant knowledge on academic dishonesty, identifying significant differences between the perceptions of students and lecturers concerning attitudes towards online exams and the reasons for dishonest behaviors. The findings among the students also indicate that younger students and Arab students tended to cheat more in online exams. Moreover, the findings indicated a lack of mutual trust between students and lecturers with regard to academic dishonesty, a deep distrust that will probably continue even after the Covid-19 crisis. This last finding should be a cause of concern for higher education policy-makers, affecting future policies for improving lecturer-student relations, especially during crises. Recommendations are proposed for addressing academic dishonesty in exams in general and during the pandemic in particular. (shrink)

Baruch Spinoza, the 17th century philosopher best known for his metaphysical rigor and the radical heterodoxy of his conception of God as Nature, did not say much about children or childhood. Nevertheless, his few mentions of children in his masterpiece, the Ethics, raise fascinating questions of autarky, rationality and mind-body relations as they are perceived in the contrast between children and adults. Generally, philosophical theories of childhood benefit greatly from a strong metaphysical foundation. Spinoza’s philosophy, which has recently been gaining (...) considerable attention by contemporary neuroscientists and psychologists, can serve as stable and fertile ground for developing a strong philosophy of childhood. In this paper I address the Spinozistic conception of a flourishing, happy human and the way this understanding of human excellence reflects on his understanding of children and childhood. I argue that the use of Spinozistic concepts can be valuable in the analysis of children and childhood—especially essence, striving to persevere in being, and the nature of the imagination. Spinoza’s epistemology can explain the unique rationality of children, and provide a metaphysical basis for normative behavior. Moreover, it can help us as caregivers better understand and empathize with children, by explaining the similarities and differences between children and adults. (shrink)

This second installment in a chronologically arranged, three-part sequence continues the author's examination of Anglo-American literati who, in the later nineteenth and twentieth centuries, turned — in acts of combined xenophilia and xenophobia — to Russian literature and literary theory in order to escape the dominant influence of avant-garde movements in France. These Anglophone writers found in Russian exemplars a responsible, morally rigorous, and pragmatic, yet philosophically sophisticated, alternative to what they described as the amoral, superficial, and pretentious aestheticism of (...) French literary culture. Part 2 treats the poetry and criticism of the English “Movement” poet Donald Davie in light of his turn, in 1958, toward the example of Boris Pasternak as a way of escaping the influence of French Symbolist poetics and the post-Symbolist poetics of anglophone modernism. Although Davie understood that Pasternak was as much a modernist as T. S. Eliot or Ezra Pound, he also argued that the Russian's poetry, unlike theirs, sought, on explicitly moral grounds, to maintain conventional syntax and purity of diction, with the result that Pasternak's verse communicates with the reader more as prose than as music does. (shrink)

This article is the first installment of a three-part contribution to the Common Knowledge symposium on xenophilia. The series of three examines the ways in which Anglo-American writers, from the mid-nineteenth until the late twentieth century, turned to Russian literature and literary theory to escape the otherwise inevitable influence of French avant-garde literary movements. These writers—Henry James in part 1, Donald Davie in part 2, and the “American Bakhtinian” critics in part 3—found in Russian examples a responsible yet radical and (...) morally oriented alternative to what they considered the extravagant, haughty, and corrupt aestheticism of French literary culture. Thus, these essays concern the interplay of xenophilia with xenophobia. Part 1 treats James's turn, commencing around 1875, to the example of Ivan Turgenev as a way of getting beyond the example of Flaubert and the other “grandsons of Balzac” with whom he was then keeping company in Paris. Turgenev and Flaubert were both Realists, but the Russian writer, in contrast to the French, cared not only for verbal beauty but also for what James called “moral glamour” in the art of fiction. (shrink)

Name der Zeitschrift: Archiv für Geschichte der Philosophie Jahrgang: 97 Heft: 3 Seiten: 334-357.