When Thomas Jefferson placed 'the pursuit of happiness' along with life and liberty in The Declaration of Independence he was most likely referring to Aristotle's concept of happiness, or eudaimonia. Eudaimonia is not about good feelings but rather the fulfilment of human potentials. Fulfilment is made possible by virtue; the moderation of desire and emotion by reason. The Psychology of Happiness was the first book to bring together psychological, philosophical, and physiological theory and research in support of Aristotle's view. It (...) examines the similarity between Aristotle's concept of virtue and modern cognitive theories of emotion. It discusses the discovery of human potentials, the development of virtue and its neurological basis, the mistaken idea that fulfilment is selfish, and several other issues related to the pursuit of a good human life. (shrink)

I Know There is a God explores the creation of the world and the role of the Designer God. The book refutes the arguments of neo-Darwinism and Punctuated Equilibrium; expounds upon Paley's imagery of the watch as evidence that both the watch and the world need a maker; and seeks to answer Nietzsche's question of whether or not the watchmaker is still alive.

In this paper I have not, of course, presented all the embryological data that can be collected from the Talmudic and Midrashic literature. More details can be found in Julius Preuss' classical work on biblical and talmudic medicine, now available in Fred Rosner's English translation and in a French M.D. thesis by Martine Michel.75 I also did not present any data on teratology, and did not deal with the very rich Jewish mystical lore, the Cabbala. But a few comments are (...) in order here about the material on embryology.There are very few original ideas in the Talmudic corpus on embryology, but it is obvious that the Sages were well aware of the Greek and Roman theories on embryology.The fact that the Talmud is a compilation that was built up slowly, during several centuries, explains why the information recorded in it cannot be ascribed solely to one school of thought or one clear-cut influence.When a definite problem was difficult to solve because there were many different theories about it, the Sages based their opinion on a famous experiment that seemed to offer guarantees of validity. This was the case with the controversial problem of the formation of the embryo and its sexual differentiation, where the Sages made use of an experiment allegedly initiated by Cleopatra.The Sages were ready to discuss scientific problems with non-Jewish scholars and even to accept their arguments. This was the case with the important topic of the time of the entry of the soul into the embryo. But the legal conclusions drawn from the Sages' opinion were not consistent with those declared by Churth Fathers such as Tertullian. Embryotomy, for instance, was permitted by Jewish law.Wide interest, scholarly discussions, suggestive descriptions and readiness to inquire and to obtain detailed information characterized the Talmudic discussions of embryology.In conclusion, I quote a Talmudic text that reviews the whole process of embryological development through the sequence of prayers of a faithful Jew who learns that his wife is expecting a baby.The first three days, [he should pray to the Lord] that the seed should not putrefy.From the third to the fortieth day: that the child should be a male.From the fortieth day to the third month: that there should not occur any superfetation, which could lead the first embryo to be a fetus compressus.From the third to the sixth month: that an abortion should not occur.From the sixth to the ninth month: that the birth should be without problems.76. (shrink)

Written by researchers in their field, this book is about the skills beyond basic word recognition that are necessary for the processing and comprehension of spoken and written language. It offers topics such as: language and text analysis; cognitive processing and comprehension; development of literacy; literacy and schooling; and more.

Geckos have gained ecological access to novel microhabitats by exploiting intermolecular van der Waals forces, which allow them to climb smooth vertical surfaces. They use microscopic surface‐based phenomena to thrive in a macroscopic mass‐ and kinetic energy‐based world. Here we detail this as a premier example of integrative biology, spanning seven orders of magnitude and a lot of interesting biology. Emergent properties arising from molecular adhesion include several adaptive radiations that have produced a great diversity of geckos worldwide. BioEssays 27:647–652, (...) 2005. © 2005 Wiley Periodicals, Inc. (shrink)

Dispositional Essentialism is a unified anti-Humean account of the metaphysics of low-level physical properties and laws of nature. In this paper, I articulate the view that I label Canonical Dispositional Essentialism, which comprises a structuralist metaphysics of properties and an account of laws as relations in the property structure. I then present an alternative anti-Humean account of properties and laws. This account rejects CDE’s structuralist metaphysics of properties in favour of a view of properties as qualitative grounds of dispositions and (...) it rejects CDE’s view of laws as relations in favour of a view of laws as features of an efficient description of possible property distributions. I then defend this view over CDE on the grounds that it can overcome an explanatory shortcoming of CDE and that it achieves a level of continuity with science that CDE fails to achieve. The upshot of this paper is a significant narrowing of the range of possibilities in which the absolutely best unified account of laws and properties resides. (shrink)

Since some AI algorithms with high predictive power have impacted human integrity, safety has become a crucial challenge in adopting and deploying AI. Although it is impossible to prevent an algorithm from failing in complex tasks, it is crucial to ensure that it fails safely, especially if it is a critical system. Moreover, due to AI’s unbridled development, it is imperative to minimize the methodological gaps in these systems’ engineering. This paper uses the well-known Box-Jenkins method for statistical modeling as (...) a framework to identify engineering pitfalls in the adjustment and validation of AI models. Step by step, we point out state-of-the-art strategies and good practices to tackle these engineering drawbacks. In the final step, we integrate an internal and external validation scheme that might support an iterative evaluation of the normative, perceived, substantive, social, and environmental safety of all AI systems. (shrink)

Hardcore actualism (HA) grounds all modal truths in the concrete constituents of the actual world (see, e.g., Borghini and Williams (2008), Jacobs (2010), Vetter (2015)). I bolster HA, and elucidate the very nature of possibility (and necessity) according to HA, by considering if it can validate S5 modal logic. Interestingly, different considerations pull in different directions on this issue. To resolve the tension, we are forced to think hard about the nature of the hardcore actualist's modal reality and how radically (...) this departs from possible worlds orthodoxy. Once we achieve this departure, the prospects of a hardcore actualist validation of S5 look considerably brighter. This paper thus strengthens hardcore actualism by arguing that it can indeed validate S5–arguably the most popular logic of metaphysical modality–and, in the process, it elucidates the very nature of modality according to this revisionary, but very attractive, modal metaphysics. (shrink)

The present text surveys and reevaluates the meaning and scope of Ortega y Gasset’s philosophy. The chapters reveal the most important aspects of his history such as the Neokantian training he went thru in Germany as well as his discovery of Husserl’s phenomenology around 1912. The work also covers his original contributions to philosophy namely vital and historical reason - and the cultural and educational mission he proposed to achieve. The Spanish – and to a certain extent the European – (...) circumstance was the milieu from which his work emerged but this does not limit Ortega’s scope. Rather, he believed that universal truths can only emerge from the particulars in which they are embedded. The publication in 2010 of a critical edition of his Complete Works opened worldwide access for many unpublished manuscripts, and some of his lectures. There is renewed interest among students and researchers in Ortega and this book uniquely delivers scholarship on his content in English. (shrink)

We argue that friendship is constituted in the practice of narration, not merely identifi ed through psychological or sociological criteria. We show that whether two people have, as Aristotle argues, ‘lived together’ in ‘mutually acknowledged goodwill’ can be determined only through a narrative reconstruction of a shared past. We demonstrate this with a close reading of Thomas Bernhard’s Wittgenstein’s Nephew: A Friendship (1982). We argue that this book provides not only an illustration but also an enactment of the practice of (...) friendship as the urge to redeem—and thus to instantiate—Aristotelian suzên (‘living together’) by means of its telling. (shrink)

I argue that recent attempts to vindicate blame have failed to fully face the vengeful feelings and angry outbursts that have led to scepticism about blame’s ethical status. This paper ende...

According to hardcore actualism (HA), all modal truths are grounded in the concrete constituents of the actual world. In this paper, I discuss some problems faced by HA when it comes to accounting for certain alleged possibilities of non‐existence. I focus particular attention on Leech (2017)'s dilemma for HA, according to which HA must either sacrifice extensional correctness or admit mere possibilia. I propose a solution to Leech's dilemma, which relies on a distinction between weak and strong possibility. It remains (...) the case, however, that HA cannot capture certain iterated de re possibilities of non‐existence and that it is committed to a stock of necessary existents. But I still think that the virtues of the view outweigh these costs. (shrink)

Starting in the second edition of the Essay, Locke becomes interested in the phenomenon of akrasia, or weakness of will. As he conceives it, akrasia occurs when we will something contrary to what we acknowledge to be our greater good. This commitment represents an important shift from the first edition of the Essay, where Locke argues that the will is always determined by a judgement of our greater good. But traces of the first-edition view are present even in the second (...) edition, so much so that it is unclear whether Locke is entitled to an explanation of akrasia at all. In this essay, we propose a new interpretation of Locke’s account of akrasia, one that mediates between his seemingly conflicting commitments. We believe that this interpretation represents an improvement over past interpretations, which make Locke’s conception of akrasia too weak to do the work he intends for it. Moreover, getting Locke’s account of akrasia right allows us to gain clarity on his view of the will, a subtle and ultimately quite plausible part of his moral psychology. (shrink)

Supererogation has gained attention as a means of explaining the voluntary behaviours of individuals and organizations that are done for the benefit of others and which go above what is required of legislation and what may be expected by society. Whilst the emerging literature has made some significant headway in exploring supererogation as an ethical lens for the study of business there remain several important issues that require attention. These comprise, the lack of primary evidence upon which such examinations have (...) been made, attention has been given to only singular pro-social acts of organizations, and the focus has been upon the actions of large organizations. Furthermore, Heyd’s (Supererogation, Cambridge University Press, 1982) original taxonomy of six supererogatory acts, comprising Moral Heroism, Beneficence, Volunteering, Favour, Forgiveness and Forbearance, has been considered to be complete and other forms of supererogatory acts have not yet been explored. In order to address these gaps this study poses the research questions: First, it studies how a single, contemporary SME performs multiple supererogatory acts in its attempts to address its social and environmental goals that go beyond CSR. Second, it seeks to gain a deeper theoretical understanding of Heyd’s (Supererogation, Cambridge University Press, 1982) taxonomy of six forms of supererogation through the capture of primary data. This research makes a three-year case study examination of a single SME that has been formally recognized for its work in addressing social and environmental issues at local, national and global levels. Primary data are acquired of the supererogatory acts that it performs through a three-year participant observation case study, utilizing 61 interviews and 3 focus groups with internal and external stakeholders. In doing so, it addresses the empirical limitations of the extant research, substantiates each of the forms that supererogatory acts may take, and makes a contribution to the theory of supererogation by identifying a further class of act that is ‘Sharing’. (shrink)

According to the classical Doctrine of Double Effect, there is a morally significant difference between intending harm and merely foreseeing harm. Versions of DDE have been defended in a variety of creative ways, but there is one difficulty, the so-called “closeness problem”, that continues to bedevil all of them. The problem is that an agent's intention can always be identified in such a fine-grained way as to eliminate an intention to harm from almost any situation, including those that have been (...) taken to be paradigmatic instances in which DDE applies to intended harm. In this paper, we consider and reject a number of recent attempts to solve the closeness problem. We argue that the failure of these proposals strongly suggests that the closeness problem is intractable, and that the distinction between intending harm and merely foreseeing harm is not morally significant. Further, we argue that there may be a deeper reason why such attempts must fail: the rationale that makes the best fit with DDE, namely, an imperative not to aim at evil, is itself irredeemably flawed. While we believe that these observations should lead us to abandon further attempts to solve the closeness problem for DDE, we also conclude by showing how a related principle that is supported by a distinct rationale and avoids facing the closeness problem altogether nevertheless shares with DDE its most important features, including an intuitive explanation of a number of cases and a commitment to the relevance of intentions. (shrink)

Buss, S.R., The undecidability of k-provability, Annals of Pure and Applied Logic 53 75-102. The k-provability problem is, given a first-order formula ø and an integer k, to determine if ø has a proof consisting of k or fewer lines . This paper shows that the k-provability problem for the sequent calculus is undecidable. Indeed, for every r.e. set X there is a formula ø and an integer k such that for all n,ø has a proof of k sequents if (...) and only if n ε X. (shrink)

Contemporary philosophers of moral responsibility are in widespread agreement that we can only be blamed for actions that express, reflect, or disclose something about us or the quality of our wills. In this paper I reject that thesis and argue that self disclosure is not a necessary condition on moral responsibility and blameworthiness: reactive responses ranging from aretaic appraisals all the way to outbursts of anger and resentment can be morally justified even when the blamed agent’s action expresses or discloses (...) nothing significant about his or her “deep self,” judgments and cares, or the quality of his or her will. I argue that the self-disclosure requirement on responsibility overestimates the extent to which our blaming practices and responsibility judgments are responsive to agents as opposed to actions, and that this mistake has the potential to distort both our reactive responses and our understanding of blamed agents’ characters. (shrink)

Recognized as one of the earliest Jewish neo-Platonist writers, Isaac ben Solomon Israeli influenced Muslim, Jewish, and Christian scholars through the Middle Ages. A native of Egypt who wrote in Arabic, Israeli explored definitions of such terms as imagination, sense-perception, desire, love, creation, and “coming-to-be” in his writings. This classic volume contains English translations of Israeli’s philosophical writings, including the _Book of Definitions_, the _Book of Substances,_ and the _Book on Spirit and Soul_. Additionally, _Isaac Israeli_ features a biographical sketch (...) of the philosopher and extensive notes and comments on the texts, as well as a survey and appraisal of his philosophy. Restored to print for the first time in decades, _Isaac Israeli _will be essential reading for students and scholars of medieval philosophy and Jewish studies. (shrink)

The UK Government’s Code of Conduct for data-driven health and care technologies, specifically artificial intelligence -driven technologies, comprises 10 principles that outline a gold-standard of ethical conduct for AI developers and implementers within the National Health Service. Considering the importance of trust in medicine, in this essay I aim to evaluate the conceptualisation of trust within this piece of ethical governance. I examine the Code of Conduct, specifically Principle 7, and extract two positions: a principle of rationally justified trust that (...) posits trust should be made on sound epistemological bases and a principle of value-based trust that views trust in an all-things-considered manner. I argue rationally justified trust is largely infeasible in trusting AI due to AI’s complexity and inexplicability. Contrarily, I show how value-based trust is more feasible as it is intuitively used by individuals. Furthermore, it better complies with Principle 1. I therefore conclude this essay by suggesting the Code of Conduct to hold the principle of value-based trust more explicitly. (shrink)

The UK Government’s Code of Conduct for data-driven health and care technologies, specifically artificial intelligence -driven technologies, comprises 10 principles that outline a gold-standard of ethical conduct for AI developers and implementers within the National Health Service. Considering the importance of trust in medicine, in this essay I aim to evaluate the conceptualisation of trust within this piece of ethical governance. I examine the Code of Conduct, specifically Principle 7, and extract two positions: a principle of rationally justified trust that (...) posits trust should be made on sound epistemological bases and a principle of value-based trust that views trust in an all-things-considered manner. I argue rationally justified trust is largely infeasible in trusting AI due to AI’s complexity and inexplicability. Contrarily, I show how value-based trust is more feasible as it is intuitively used by individuals. Furthermore, it better complies with Principle 1. I therefore conclude this essay by suggesting the Code of Conduct to hold the principle of value-based trust more explicitly. (shrink)

Debating Terrorism is an innovative new textbook, addressing a number of key issues in contemporary terrorism studies from both 'traditional' and 'critical' perspectives. In recent years, the terrorism studies field has grown in quantity and quality, with a growing number of scholars rooted in various professional disciplines beginning to debate the complex dynamics underlying this category of violence. Within the broader field, there are a number of identifiable controversies and questions which divide scholarly opinion and generate opposing arguments. These relate (...) to theoretical issues, such as the definition of terrorism and state terrorism, substantive issues like the threat posed by al Qaeda and the utility of different responses to terrorism, different pathways leading people to engage in terrorist tactics, and ethical issues such as the torture of terrorist suspects and targeted assassination. This volume aims to bring together in one place many of the field's leading scholars to debate the key issues relating a set of 12 important controversies and questions. The format of the volume involves a leading scholar taking a particular position on the controversy, followed by an opposing or alternative viewpoint written by another scholar. In addition to the pedagogic value of allowing students to read opposing arguments in one place, the volume will also be important for providing an overview of the state of the field and its key lines of debate. This textbook will be essential reading for all students of terrorism and political violence, critical terrorism studies, critical security studies, security studies and IR in general. (shrink)

There's no doubt that reproductive technologies can transform lives for the better. Infertile couples and single, lesbian, gay, intersex, and transgender people have the potential to form families in ways that would have been inconceivable years ago. Yet we are concerned about the widespread commercialization of certain egg‐freezing programs, the messages they propagate about motherhood, the way they blur the line between care and experimentation, and the manipulative and exaggerated marketing that stretches the truth and inspires false hope in women (...) of various ages. We argue that although reproductive technology, and egg freezing in particular, promise to improve women's care by offering more choices to achieve pregnancy and childbearing, they actually have the potential to be disempowering. First, commercial motives in the fertility industry distort women's medical deliberations, thereby restricting their autonomy; second, having the option to freeze their eggs can change the meaning of women's reproductive choices in a way that is limiting rather than liberating. (shrink)

[Samuel Scheffler] Some egalitarian liberals have proposed a division of moral labour between social institutions and individual agents, but the division-of-labour metaphor has been understood in different ways. This paper aims to disentangle some of these different understandings, with an eye to clarifying the appeal of the egalitarian-liberal project and the challenges that it faces. The idea of a division of moral labour is best understood as the expression of a strategy for accommodating diverse values. It is not an (...) apology for economic self-interest or a device for justifying personal acquisitiveness. /// [Véronique Munoz-Dardé] Are there distinctively political values? Certain egalitarians seem to think that equality is one such value. Scheffler's contribution to the symposium seeks to articulate a division of moral labour between norms of personal morality and the principles of justice that regulate social institutions, and using this suggests that the egalitarian critique of Rawls can be deflected. In this paper, instead, I question the status of equality as an intrinsic value. I argue that an egalitarianism which focuses on the status of equality as valuable in itself embraces a theory of value with the worst elements of utilitarianism while leaving behind any of the intuitive appeal that utilitarianism has. In its place I press that we need a political conception of egalitarianism which stresses the role we engage beyond those found in the norms of personal morality. (shrink)

The use of artificial intelligence (AI) to aid legal decision making has become prominent. This paper investigates the use of AI in a critical issue in employment law, the determination of a worker’s status—employee vs. independent contractor—in two common law countries (the U.S. and Canada). This legal question has been a contentious labor issue insofar as independent contractors are not eligible for the same benefits as employees. It has become an important societal issue due to the ubiquity of the gig (...) economy and the recent disruptions in employment arrangements. To address this problem, we collected, annotated, and structured the data for all Canadian and Californian court cases related to this legal question between 2002 and 2021, resulting in 538 Canadian cases and 217 U.S. cases. In contrast to legal literature focusing on complex and correlated characteristics of the employment relationship, our statistical analyses of the data show very strong correlations between the worker’s status and a small subset of quantifiable characteristics of the employment relationship. In fact, despite the variety of situations in the case law, we show that simple, off-the-shelf AI models classify the cases with an out-of-sample accuracy of more than 90%. Interestingly, the analysis of misclassified cases reveals consistent misclassification patterns by most algorithms. Legal analyses of these cases led us to identify how equity is ensured by judges in ambiguous situations. Finally, our findings have practical implications for access to legal advice and justice. We deployed our AI model via the open-access platform, https://MyOpenCourt.org/, to help users answer employment legal questions. This platform has already assisted many Canadian users, and we hope it will help democratize access to legal advice to large crowds. (shrink)

: Nearly all of the literature on the ethical, legal, or social issues surrounding genetic tests has proceeded on the assumption that any particular test for a gene mutation yields information about only one disease condition. Even though the phenomenon of pleiotropy, where a single gene has multiple, apparently unrelated phenotypic effects, is widely recognized in genetics, it has not had much significance for genetic testing until recently. In this article, I examine a moral dilemma created by one sort of (...) pleiotropic testing, APOE genotyping, which can yield information about the risk of two different conditions--coronary heart disease and Alzheimer's disease. A physician administering APOE testing for the beneficial purpose of assessing the risk of heart disease may discover medically useless and socially harmful information about the patient's risk of Alzheimer's disease. I explore how much providers should disclose to patients about pleiotropic test results and whether patients are obligated to know as much about their genetic condition as possible. (shrink)

In the distribution of resources, persons must be respected, or so many philosophers contend. Unfortunately, they often leave it unclear why a certain allocation would respect persons, while another would not. In this paper, we explore what it means to respect persons in the distribution of scarce, life-saving resources. We begin by presenting two kinds of cases. In different age cases, we have a drug that we must use either to save a young person who would live for many more (...) years or an old person who would only live for a few. In different numbers cases, we must save either one person or many persons from certain death. We argue that two familiar accounts of respect for persons―an equal worth account, suggested by Jeff McMahan, and a Kantian account, inspired by the Formula of Humanity―have implausible implications in such cases. We develop a new, “three-tiered” account: one that, we claim, generates results in such cases that accord better with many people’s considered judgments than those produced by its rivals. (shrink)

Increasingly, scholarly journals have begun retracting published articles for reasons other than those described by advisory organizations such as the Committee on Publication Ethics (COPE). Numerous research articles have been retracted of late due to political concerns. Additionally, some articles have been retracted for behavioral misconduct, which was also the subject of a recent COPE discussion forum. ‘Behavioral misconduct’ denotes harmful or immoral behavior of one or more authors that is unrelated to the article’s findings or content. We investigated whether (...) federally funded research scientists considered behavioral misconduct a valid reason for retracting published findings and whether the type of behavioral misconduct involved, the level of the expected scientific impact of the article in question, or the kind of editorial action taken affected their support of retraction. Of the 464 participants who took our survey, we found that researchers largely oppose retraction of a published article or removing an author when scientists commit behavioral misconduct, regardless of the type of misconduct involved. However, there was greater support for retraction when the misconduct was financial as compared to racial or sexual misconduct. Not surprisingly, researchers were more likely to use the published information in question in their own work when its impact was high. Future studies should investigate the extent to which these findings are moderated by researchers’ editorial experience and other demographic factors. (shrink)

This book provides a comprehensive and multi-facetted analysis of the current state of social-responsibility education in various European countries. It explores the different approaches toward CSR education across Europe by identifying each country's current practices and university courses, and by revealing the effect of these methods on future generations of leaders. Using a quantitative research methodology, the book presents comparisons of the current nature and implications of CSR education in a sample of 10 business schools from Germany, Greece, Hungary, Italy, (...) Latvia, Poland, the Netherlands, Portugal, Spain and Turkey. (shrink)

Over the course of a long and distinguished career, psychologist and psychoanalyst Sidney J. Blatt has made major contributions to cognitive-developmental theory, psychoanalytic object relations theory, applied psychoanalysis, and current research in the areas of psychopathology and psychotherapy. This book presents chapters by Dr. Blatt's many colleagues and students who address the key areas in which Dr Blatt focuses his intellectual endeavours: *Personality development *Psychopathology *Issues in psychological testing and assessment *Psychotherapy and the treatment process *Applied psychoanalysis and broader cultural (...) trends _Relatedness, Self-Definition and Mental Representation_ explores Dr. Blatt's unique contributions within both psychoanalysis, where empirical research is often neglected, and clinical psychology, where psychoanalysis is increasingly ignored. It will be engaging reading for psychoanalysts and clinical psychologists, as well as all those concerned with psychotherapy and personality theory and development. (shrink)

o (2000), 243). In particular, the idea is that binding interactions between the relevant expressions and natural lan- guage quantifiers are best explained by the hypothesis that those expressions harbor hidden but bindable variables. Recently, however, Herman Cappelen and Ernie Lepore have rejected such binding arguments for the presence of hid- den variables on the grounds that they overgeneralize — that, if sound, such arguments would establish the presence of hidden variables in all sorts of ex- pressions where it is (...) implausible that they exist (Cappelen and Lepore (2005), Cappelen and Lepore (2002)).1 In what follows we respond to Cappelen’s and Lepore’s attempted reductio by bringing out crucial disanalogies between cases where the binding argument is successful and cases where it is not. But we have a deeper purpose than merely to respond to Cappelen and Lepore: we think the attempted reductio goes wrong by not taking sufficiently seriously the nature of the binding relation that holds between quantifiers and arguments/variables, and that our criticism will serve to highlight the nature and importance of this relation. (shrink)

Times of heightened risk to the physical safety of their citizens inevitably cause democracies to recalibrate their institutions and processes and to reinterpret existing legal norms, with greater emphasis on security, and less on individual liberty, than in "normal" times. This article explores the ways in which the American courts have responded to the tension between civil liberties and national security in times of crises. This history illustrates that courts have rejected both of the two polar positions that characterize public (...) discourse on these issues. Civil libertarians argue that political bodies are too easily gripped by passions, hysteria, and self-interest in these times and that courts therefore ought to play a central role in protecting liberty. Executive unilateralists argue that the qualities that uniquely characterize the executive branch, such as decisiveness, access to information, and efficiency, must become so dominant in these moments that few checks, if any, should constrain executive prerogatives. Oddly, civil libertarians and executive unilateralists find implicit consensus in the view that, in times of war, courts have tended not to play a significant role in overseeing executive power. We argue to the contrary: historically, a significant constitutional tradition of judicial scrutiny in the United States during times of war does exist. But this scrutiny does not take the form of courts making first-order substantive judgments about the content of liberty or other claimed constitutional rights. Nor does it take the form of judicial assessment of how significant or credible the national security claims of the executive branch might be. Instead, judicial oversight has been focused on preserving the institutional structures and processes through which decisionmaking on these issues takes place. The judicial role has centered on the second-order question of whether the right institutional processes have been used to make the decisions at issue, rather than on what the content of the underlying rights ought to be. This approach has historically rejected or resisted most claims of executive unilateralism. When courts have upheld the government's actions, they have done so only after a judgment that Congress, as well as the executive, has endorsed the action. This approach has also rejected the civil libertarian framework. When courts find bilateral institutional endorsement, they have typically accepted the joint political judgment of how liberty and security tradeoffs ought to be made. By focusing on congressional endorsement of emergency measures, the courts have created a broad-based political accountability for the actions taken in the name of national security. We suggest that even if congressional endorsement is more apparent than real in some of these contexts, the judicial maintenance of this structure of rhetorical justifications sustains desirable understandings of political structure. Because the President and Congress draw from different political constituencies in a presidential rather than a parliamentary system, we also raise questions about whether the American judicial approach to these questions should be limited to political systems with separated executive and legislative powers. (shrink)