Persons exhibiting mutations in two tumor suppressor genes, BRCA1 and BRCA2, have a greatly increased risk of developing breast and/or ovarian cancer. The incidence of BRCA gene mutation is very high in Ashkenazi Jewish women of European descent, and many issues can arise, particularly for observant Orthodox women, because of their genetic status. Their obligations under the Jewish code of ethics, referred to as Jewish law, with respect to the acceptability of various risk-reducing strategies, may be poorly understood. In this (...) article the moral direction that Jewish law gives to women regarding testing, confidentiality, and other issues is explored. The intent is to broaden nurses' knowledge of how a particular religious tradition could impact on decision making around genetics testing, with the aim of enhancing their understanding of culturally sensitive ethical care. (shrink)

The purpose of this paper is to emphasize a social phenomenon that exists in Israel: immoral medicine.In recent years, nurses have been exposed to many instances of immoral medicine in hospitals. We want to protest about the demands for money from patients who are waiting for surgical intervention, arouse the medical community’s conscience concerning these immoral activities, and improve professional and moral behaviour.

Following independence in 1948, the Hebrew University of Jerusalem founded a law faculty and modeled it on the European example. Today, the Israeli law faculty is much more similar to the U.S. law school than to institutions of legal education in Europe. This Article traces the history of the changes in Israeli legal education. It argues that the shift began after 1967, faced resistance in the 1980s, and gained momentum in the 1990s. Presently we may be witnessing the beginning of (...) a shift away from U.S. influence and back to Continental Europe or even Asia. The Article discusses three major educational components, which together signaled the shift to U.S. influence: a student-run law review, curricular reform, and open and lively class discussion. The Article then offers several factors to explain the shift: judicial opinions that began to rely on American decisional law, the adoption of the U.S. model of practice by the legal profession, the privatization of law schools, globalization, and Americanization and foreign affairs. Finally, the Article considers the contribution to Americanization made by active U.S. attempts to export American law to other legal systems. (shrink)

Recent marketing theory uses the Jungian concept of the archetype to design strategies for the improvement of product selling. Mark and Pearson propose that archetypes such as the ruler, the hero, the outlaw, and the sage are useful in promoting a product. This article suggests that the concept of archetypes as well as myths such as the Prometheus myth and the myth of the expulsion from Paradise, when combined with the insights offered by Mark and Pearson, may help in understanding (...) the management of trials of dissent as well. The article presents seven motifs that recur in trials of dissent and shows how they form a part of the phenomenon of the political management of dissent: the demonization and otherization of defendants and their supporters; the tendency to employ the charge of conspiracy and thus target a group rather than a single individual; the bending of the laws of procedure; the utilization of previously-untested substantive charges; the appeal made by each side to an external principle or vision--typically, the government resorts to the law of necessity whereas the defense resorts to natural law or a vision of "true justice" ; focus on the judge as manipulator of laws; and the appellate court assuming the role of the ultimate sage, performing its task with balance and detachment. The appellate court may use softer rhetoric in an effort to minimize the damage to the appearance of legality. When it does so, the rule of law is reaffirmed as a concept that benefits all sides; there is thus unity in the commitment to the rule of law, not to patriotism or to identification with the government. In addition, an effort is made to reaffirm the maxim that the government is a government of law, not of men. (shrink)

Aristotle is a severe critic of traditional religion, believing it to be false, yet he also holds that traditional religion and its institutions are necessary if any city, including the ideal city he describes in the Politics, is to exist and flourish. This book provides, for the first time, a coherent account of the socio-political role which Aristotle attributes to traditional religion despite his rejection of its content. Mor Segev argues that Aristotle thinks traditional religion is politically necessary because it (...) prepares the ground for what he considers the pinnacle of human endeavor: attaining the knowledge of first philosophy, whose objects are real beings worthy of being called gods. Developing this interpretation, Segev goes on to analyze Aristotle's references to the myths of traditional Greek religion, and to assess his influence on medieval Jewish and Christian theology and philosophy of religion. (shrink)

The European Legacy, Volume 17, Issue 3, Page 429-430, June 2012.

In response to Bourdieu and Wacquant, I argue that American hegemony in setting the terms of debate on ethnicity and racism is nothing new, led in the first half of the century by US heterotopic intellectuals, immigrants, outsiders and descendants of slaves. Ironically, in the light of claims made by the authors, in the post-war era the debate is increasingly dominated by ex-imperial British and French postcolonial thinkers. The authors' disquiet is more explicable, however, if viewed against the background of (...) French republican discourses that deny the legitimacy of `difference' in the public sphere. But in the final analysis, terms such as multiculturalism or ethnicity are not legislated from above but respond to grassroots social movements, and in France minority groups are presently claiming a voice and presence in the public sphere. (shrink)

"This book examines the longstanding debate between philosophical optimism and pessimism in the history of philosophy, focusing on Aristotle, Maimonides, Spinoza, Schopenhauer, Nietzsche and Camus. Philosophical optimists maintain that the world is optimally arranged and is accordingly valuable, and that the existence of human beings is preferable over their nonexistence. Philosophical pessimists, by contrast, hold that the world is in a woeful condition and ultimately valueless, and that human nonexistence would have been preferable over our existence. Schopenhauer criticizes the optimism (...) he locates in the Hebrew Bible and in Spinoza for being unable to square the presumed perfection of the world and its parts, including human life, with the suffering and misfortunes observable in them, and for leading to egoism and thereby to cruelty. Nietzsche, in turn, criticizes Schopenhauer's overtly pessimistic view, inter alia, for furtively positing a perfect state for one to aspire to, thus being latently optimistic. Similarly, Camus charges Nietzsche, who announces his rejection of both optimism and pessimism, with deifying the world and oneself, thereby reverting to optimism. Interestingly, Aristotle countenances an optimistic theory, later adopted and developed by Maimonides, that is arguably capable of facing Schopenhauer's challenge. Aristotelian optimism accounts for the perfection of the world in terms of a hierarchy of value between its parts, with human beings ranked relatively low, and recommends an attitude congruent with that ranking"--. (shrink)

The rise of Islamic fundamentalism in Europe seems to be tangibly signalled by an increase in women and young girls wearing the Muslim veil, the hijab. In France, this has led to the legal banning of all headscarves and other religious symbols in state schools in the name of French secularism. The article considers the ambiguities and ambivalences associated with the politics of embodiment surrounding veiling and honour killings comparatively, in Britain and France, and the implications for ongoing debates on (...) multiculturalism. The article argues that the publicity surrounding symbolic practices of sexual intimacy in the context of modernity may come to be loaded with secondary symbolic connotations, often highly politicized, for both Muslims and Europeans, leading to irresolvable conundrums. The processes of higher order symbolization outlined here raise critical questions of authority: who has the authority to interpret the scriptures, in this case the Koran and ideas about individual liberty? Who has the right to determine the limits of modesty, or whom a young person should marry? As in the earlier confrontations in South Asia between Sufi saints and learned Muslim clerics, the current contestation involves a range of actors claiming authoritative sacred knowledge. (shrink)

Aristotle does not explicitly state how it is that one should ideally relate to the true gods of his metaphysics, like the prime mover. He does, however, speak of an unreciprocated relationship of friendship between humans and such gods. I argue that Aristotle’s conception of the magnanimous person sheds light on that relationship. The magnanimous person, who is a philosopher, devalues humanity and devotes her life and efforts to the divine. Thus, contrary to some scholars, Aristotle’s conception of magnanimity resembles (...) quite closely the ideals of humility and even “lowliness of spirit” presented by Aristotelian medieval thinkers such as Moses Maimonides. Aristotle’s endorsement of total devotion to the divine seems to go against the natural tendency of organisms to further their own lives and species. Nevertheless, I argue that this recommendation is consistent with his teleological view of nature. (shrink)

In his discussions of dreaming in the Parva Naturalia, Aristotle neither claims nor denies that dreams serve a natural purpose. Modern scholarship generally interprets dreaming as useless and teleologically irrelevant for him. I argue that Aristotle's teleology permits certain types of dream to have a natural role in end-directed processes. Dreams are left-overs from waking experience, but they may, like certain bodily residues, be used by nature, which does ‘nothing in vain’ and makes use of available resources, for the benefit (...) of the beings in which they occur. Contrary to prevalent opinions, Aristotle does not assimilate dreams to sensory illusions and does not hold that they have no interaction with our reasoning capacity. Dreams constitute a special class of the products of phantasia, but this does not prevent them from functioning like other (waking) phantasmata. In Aristotle's view, dreams regularly generate 'natural signs' of diseases and cause waking actions. I show that this preparatory power of dreams, often dismissed or attributed to divine intervention in antiquity, is captured within Aristotle’s natural philosophy, and provides evidence that (some) dreams are (or should be) regarded by him as having a teleological significance. (shrink)

A classroom Community of Inquiry depends on the deliberation skills of its members and their willingness to share ideas, time and power, despite conflicting interests, in the process of social inquiry. This vision of sharing power is not without challenges to both P4C and other theoretical movements within the discourse of democratic education. The kind of theorizing that is missing should explore students’ perceptions, judgment, decision making, agency and the like, through meaning making in particular contexts of democratic education. To (...) explore such challenges, I designed a qualitative study to unfold the meanings of power that middle school students constructed within a learning environment, which was influenced by democratic education principles. In explaining their meanings of power in democratic education, the participants explicitly challenged the pre-set notion of power equality between teachers and students, and between the members of a CI, and also the foundational concept of power that is based on redistribution of time and ideas. Arendt’s view of power mirrors the students’ perspectives. This notion of power in education explains why the students supported the teachers’ ‘power’, and why students used their power to different degrees. It is the way Arendt “stylized the image of the Greek polis to the essence of politics as such” (Habermas, 1986, p.82; Arendt, 1986, p.62) that explains how power should support democratic education according to the youths’ view. (shrink)

There may be a possibility that young women find it difficult to express their female ways of knowing and gain equal public representation. This leads us to reflect on a possible gap between a well developed theory of justice in P4C and pedagogical practices of social influence. In this paper I attempt to reflect on these questions provisionally, and suggest an initial theoretical framework for discussing such issues within the P4C movement. First, I report some personal and social narratives that (...) were described by individual writers. These narratives reflect, mostly, female authors’ personal histories from childhood to adulthood, and how their carrier choices were influenced by prevailing constructed gender roles. Second, I discuss the theory of the Community of Inquiry (CI) and examine the possibilities for self transformation and women liberation that this practice allows. Third, I introduce Hannah Arendt’s argument that education should not attempt to present the future of the human condition as finite and resolved. (shrink)

Name der Zeitschrift: Rhizomata Jahrgang: 5 Heft: 2 Seiten: 177-209.

Phenotypic divergence among animal species may be due in part to species‐specific (SS) regulation of gene expression by small, non‐coding regulatory RNAs termed “microRNAs”. This phenomenon can be modulated by several variables. First, microRNA genes vary by their level of conservation, many of them being SS, or unique to a particular evolutionary lineage. Second, microRNA expression levels vary spatially and temporally in different species. Lastly, while microRNAs bind the 3′UTR of target genes in order to silence their expression, the binding (...) sites themselves are often non‐conserved. The variability of the miRNA‐target paradigm between different species is thus multifactorial, and this paradigm has only just started to gain attention from researchers in various fields. Here we present and discuss recent findings regarding the characteristics and implications of SS microRNA regulation. (shrink)

AtPol.7.12, 1331a19–20, Aristotle states it as a matter of fact that the citizenry of the best city should be divided into ‘public messes’ (syssitia). His primary concern in the rest of the chapter is to uncover the optimal way in whichsyssitiashould be organized, and the way in which they should be situated in relation to other facilities, public buildings,agoraiand temples in the city. The proposed plan is roughly as follows.Syssitiawould be divided into three main sections. First, thesyssitiaof soldiers would be (...) held at the guardhouses located at strategic points along the walls surrounding the city (1331a20–3). Next come ‘the most supremesyssitiaof the magistrates’ (τὰ κυριώτατα τῶν ἀρχείων συσσίτια: 1331a24–5) and thesyssitia‘of the priests’ (τῶν ἱερέων: 1331b5). These would be held at a place appropriately having ‘an appearance directed at establishing virtue and [being] more strongly positioned than the neighbouring parts of the city’ (1331a28–30), that is, the highest place in the city. This envisioned acropolis would also house temples (1331a24–5). Situated below it would be the ‘freeagora’, which would include gymnasia (1331a35–7) and would be generally directed at leisurely activity (1331b12). Finally, below the freeagora, a ‘necessaryagora’ and buildings of officials entrusted with legal, commercial and municipal duties would be established, at a location conducive to importing and exporting goods (1331b6–12). (shrink)

This study examined within-person co-occurrence of self-focus, negative affect, and stress in a community sample of adolescents with or without emotional disorders. As part of a larger study, 278 adolescents were interviewed about emotional disorders. Later, they completed diary measures over three days, six times a day, reporting their current thoughts, affect, and levels of stress. Negative affect was independently related to both concurrent stress and self-focus. Importantly, the association between negative affect and self-focus was stronger among participants with a (...) recent unipolar mood disorder, compared to those with an anxiety disorder, comorbid anxiety and depression, or those without an emotional disorder. The implications of these findings to theories of self-focus and its role in emotional disorders are discussed. (shrink)

Toward the end of Politics V. 12, Aristotle criticizes Plato’s discussion of political change in Republic VIII-IX. Scholars often reject Aristotle’s criticism, especially because it portrays Plato’s discussion, allegedly unfairly, as developing a historically testable theory. I argue that Aristotle’s criticism is adequate, and that the seriousness with which he considers Plato’s account of political change as an alternative to his own is both warranted and instructive. First, apart from criticizing Plato’s account for its historical inaccuracies, Aristotle also exposes theoretical (...) insufficiencies and internal inconsistencies within it. Second, Aristotle’s criticisms of historical inaccuracies in Plato’s discussion of political change are not misdirected, since there are reasons to think that Plato does intend that discussion to accord with the historical facts. (shrink)

This book examines the longstanding debate between philosophical optimism and pessimism in the history of philosophy, focusing on Aristotle, Maimonides, Spinoza, Schopenhauer, Nietzsche and Camus. Philosophical optimists maintain that the world is optimally arranged and is accordingly valuable, and that the existence of human beings is preferable over their nonexistence. Philosophical pessimists, by contrast, hold that the world is in a woeful condition and ultimately valueless, and that human nonexistence would have been preferable over our existence. Schopenhauer criticizes the optimism (...) he locates in the Hebrew Bible and in Spinoza for being unable to square the presumed perfection of the world and its parts, including human life, with the suffering and misfortunes observable in them, and for leading to egoism and thereby to cruelty. Nietzsche, in turn, criticizes Schopenhauer's overtly pessimistic view, inter alia, for furtively positing a perfect state for one to aspire to, thus being latently optimistic. Similarly, Camus charges Nietzsche, who announces his rejection of both optimism and pessimism, with deifying the world and oneself, thereby reverting to optimism. Interestingly, Aristotle countenances an optimistic theory, later adopted and developed by Maimonides, that is arguably capable of facing Schopenhauer's challenge. Aristotelian optimism accounts for the perfection of the world in terms of a hierarchy of value between its parts, with human beings ranked relatively low, and recommends an attitude congruent with that ranking. (shrink)

For Schopenhauer, death, understood as the annihilation of an individual's existence, cannot be successfully accommodated by theories endorsing an optimistic assessment of both human life and the world at large. I argue that Schopenhauer also has reasons to think that optimism cannot adopt personal immortality as a solution to that problem, although he does not present them systematically. Thus, he argues, prolonging one's life would necessarily lead at some point to an unbearable state of exhaustion due to one's unchanging character. (...) Changing one's character infinitely many times in the future would not do either, as Schopenhauer regards that idea as internally inconsistent. Finally, the immortality gained through one's work, one's descendants, or the survival of a part of oneself, while consistent with optimism, could not amount to personal immortality, on Schopenhauer's criteria. I end by discussing the implications of Schopenhauer's criticism for his own view, and a possible reply to it. (shrink)

Schopenhauer shares with Spinoza the basic idea that “the world exists by its own inner power and through itself”. Spinoza's system, Schopenhauer maintains, elaborately captures the observation, at the core of both pantheism and Schopenhauer's own theory, that all experienced phenomena share a single metaphysical substratum, and that in this sense everything is one. Any view or system of thought upholding optimism must confront the challenge of accounting for those features of the world that appear to be less than optimal. (...) For Schopenhauer, Judaism is committed to the goodness of the world given its creation by a personal God. It has been suggested that Schopenhauer ought not to criticize the rejection of personal immortality, since he himself thinks individual lives are perishable. Apart from the theoretical problems that Schopenhauer locates in maintaining optimism, he also takes issue with its practical implications. (shrink)

In NE III.10, 1118b1–3, Aristotle says that the “most shared of the senses is that according to which intemperance [comes about], and it would seem justifiably to be shameful, because it inheres [in us] not insofar as we are human beings, but insofar as we are animals”. This statement appears to describe the sense of touch as shameful. This may seem like a strange position for Aristotle to hold, since elsewhere he describes human touch as the most accurate among animal (...) species, which corresponds to our superior intelligence, and as necessary for animal life. In this paper, I argue that Maimonides nevertheless succeeds in showing that Aristotle has a strong theoretical reason for maintaining that the sense of touch is shameful. Maimonides shows that, based on principles of Aristotelian psychology, human touch is indeed shameful because it obstructs intellectual activity. (shrink)

This study discusses the mediating role of statistics anxiety and motivation in the relationship comprising academic dishonesty, personality traits, and previous academic achievements in three different learning environments. Self-determination theory provides a broad psychological framework for these phenomena. Data were collected from 649 bachelor-degree students in the Social Sciences in five Israeli academic institutions. Structural equation modelling was employed to investigate the research variables’ relationships. Findings indicate that statistics anxiety mediates the relationship between personality traits and academic dishonesty in the (...) POE and the ERT learning environments. Findings also indicate the relationship between students’ achievements and academic dishonesty, but only in the ERT learning environment. In contrast, motivation mediates the relationship between students’ achievements and statistics anxiety only in the POE learning environment. This study unveils that learning environments determine the mediating role of statistical anxiety. In digital learning environments, mediation has been found between students’ personality traits and academic dishonesty. No similar parallel mediation could be established in the physical learning environment, F2F. Thus, we conclude that online courses should be designed according to student-centred approaches. (shrink)

In one of the unpublished parts of his manuscript titled the Spicilegia, Arthur Schopenhauer presents an uncharacteristically sympathetic reading of an Aristotelian text. The text in question, De anima III. 5, happens to include the only occurrence of arguably the most controversial idea in Aristotle, namely the distinction between active and passive nous. Schopenhauer interprets these two notions as corresponding to his own notions of the ?will? and the ?intellect? or ?subject of knowledge?, respectively. The result is a unique interpretation, (...) according to which Aristotle's active nous is in fact non-intellectual: it is devoid of any interaction with intelligible objects, and hence lacks any intellectual activity. I show that this interpretation, though counterintuitive, is tenable, and that it may contribute to our understanding of Aristotle even if we do not adopt Schopenhauer's metaphysics. (shrink)

Israeli courts were recently faced with the question whether an employer is allowed to voice objections to unionization during an organizing drive. Since the legislation fails to provide an answer to this question, it was up to the courts to come up with a solution. The National Labor Court in Histadrut v. Pelephone held that employers have no say and must refrain from any communications whatsoever with the workers regarding the decision whether or not to join the union. The Supreme (...) Court later affirmed this decision. This Article explores this legal question and examines whether this decision was justified, and whether it should be adopted in other countries as well. It first discusses the justifications for the conflicting freedoms in this scenario — the workers’ freedom of association and the employer’s freedom of speech — to appreciate their relative strength in the circumstances. It then examines whether it is possible to achieve a certain balance. To this end, the Article critically reviews the legal mechanisms adopted by other legal jurisdictions in this regard, shedding light on their effectiveness and the difficulties of organizing in practice in each jurisdiction. The main argument advanced in this Article is that the solution has to be purposive — to advance the goals of labor law, specifically freedom of association — and that the purposive analysis must be contextual. A rule prohibiting the employer from voicing opinions is surely an infringement of freedom of speech, and strong reasons are needed to justify it. Whether strong enough reasons exist depends on several contextual factors. Essentially, the question is whether it is possible, given the current context, to secure real freedom of association without such a rule. By context we mean two main things: first, the real-life current experience concerning the struggles of organizing; and second, the existence of alternative legal mechanisms that might address this problem. (shrink)

This article focuses on the construction of two types of non-logical paradoxes in news discourse: 1) inconsistencies of positions and acts; 2) conflicts between reality and expectations or common sense. I will argue that these paradoxes are constructed by various discursive devices and will demonstrate the key role played by conventional and conversational implicatures in this regard. The discussion will focus on 23 items covering disputes between ultra-Orthodox and secular Jews, broadcast on mainstream Israeli television news in 2009. I will (...) show that the journalists consistently attribute paradoxicality to Haredim, and that this corresponds with the common public bitterness towards them because they enjoy financial support from the government, while sharing little of the economic and security burden. Moreover, I will argue that the paradoxical representations of Haredim rely on the secular ‘we’ group view and serve to base its common sense and norms. (shrink)