The emergence and persistence of the jews other.

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

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

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

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

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

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

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

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

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

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

It is widely supposed that every entity falls into one of twocategories: Some are concrete; the rest abstract. The distinction issupposed to be of fundamental significance for metaphysics andepistemology. This article surveys a number of recent attempts to sayhow it should be drawn.

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

What is sovereignty? Often taken for granted or seen as the ideology of European states vying for supremacy and conquest, the concept of sovereignty remains underexamined both in the history of its practices and in its aesthetic and intellectual underpinnings. Using global intellectual history as a bridge between approaches, periods, and areas, The Scaffolding of Sovereignty deploys a comparative and theoretically rich conception of sovereignty to reconsider the different schemes on which it has been based or renewed, the public stages (...) on which it is erected or destroyed, and the images and ideas on which it rests. The essays in The Scaffolding of Sovereignty reveal that sovereignty has always been supported, complemented, and enforced by a complex aesthetic and intellectual scaffolding. This collection takes a multidisciplinary approach to investigating the concept on a global scale, ranging from an account of a Manchu emperor building a mosque to a discussion of the continuing power of Lenin’s corpse, from an analysis of the death of kings in classical Greek tragedy to an exploration of the imagery of “the people” in the Age of Revolutions. Across seventeen chapters that closely study specific historical regimes and conflicts, the book’s contributors examine intersections of authority, power, theatricality, science and medicine, jurisdiction, rulership, human rights, scholarship, religious and popular ideas, and international legal thought that support or undermine different instances of sovereign power and its representations. (shrink)

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

Region R Question: How many objects — entities, things — are contained in R? Ignore the empty space. Our question might better be put, 'How many material objects does R contain?' Let's stipulate that A, B and C are metaphysical atoms: absolutely simple entities with no parts whatsoever besides themselves. So you don't have to worry about counting a particle's top half and bottom half as different objects. Perhaps they are 'point-particles', with no length, width or breadth. Perhaps they are (...) extended in space without possessing spatial parts (if that is possible). Never mind. We stipulate that A, B and C are perfectly simple. We also stipulate that they are connected as follows. A and B are stuck together in such a way that when a force is applied to one of them, they move together 'as a unit'. Moreover, the two of them together exhibit behavior that neither would exhibit on its own — Perhaps they emit a certain sound, or glow in the dark — whereas C is.. (shrink)

Alan Weir: Quine's Naturalism: Starting with the distinction between epistemological and ontological naturalism, this chapter focuses most on Quine's epistemological naturalism, not the ontological anti‐naturalism he thought it leads to. It is argued that naturalized epistemology is not central to Quine's epistemology. Quine's key epistemological principle is: follow the methods of science, and only those. Can Quine demarcate scientific methods from non‐scientific ones? The problems which have been raised here, for example in the case of mathematics, are considered. A main (...) theme is the relationship between Quine's naturalism and reductionist forms of “scientistic” naturalism. Quine is generally taken to be an anti‐reductionist, unsurprisingly given his explicit anti‐reductionist pronouncements from “Two Dogmas” onward. It is argued that the situation is more complex than this and that key Quinean arguments are driven by a positivistic reductionism he never entirely broke free from. (shrink)

The non-lover -- The concealed lover -- The lover -- The language of love.

All families are political, each in its own way. Nevertheless, the diversity of family politics has not negated, by and large, patriarchal influence on the Political Family. This Article introduces the Political Family as a key concept in a scholarly and activist movement in family law studies which I identify as Critical Family Law. In Part I a reminder is offered that “alternative families” have existed since the dawn of history. However, I argue that despite constant changes in the configuration (...) of the family, for the most part all family forms have adhered to patriarchy. Part II offers a brief overview of some of the central themes in contemporary critical study of family law. I show how dichotomies such as private/public and intervention/autonomy have lain at the basis of the definition of the family since antiquity, constantly shifting the very meaning of the family across time, cultures and legal traditions, but rarely challenging its patriarchal ideology. Such challenges necessitate a critical look at the language of rights and obligations within the family, in acknowledgment that this very discourse is already saturated with ideology and biased preconceptions. Under the umbrella of “Critical Family Law,” I explore the potential for promoting such a shift, discussing articles in this issue. In memory of Paula Ettelbrick, 1955-2011. (shrink)

The Dreaming Mind provides an insightful, interdisciplinary approach to the study of dreaming, exploring its nature and examining some of the implications of dream states for theories of consciousness, cognition and the self. Offering an integrative approach into our understanding of dreams and the mind, it is essential reading for students and researchers of consciousness, dreams, philosophy and cognitive sciences, as well as anyone who is curious about dreaming.

Herbert Marcuse visited Israel in late December 1971 . Summing up his political conclusions at the end of his visit, he published an article in the English-language Israeli newspaper The Jerusalem Post under the title “Israel is Strong Enough to Concede.”1 A Hebrew translation of that article appeared concurrently in the Israeli daily Haaretz under the title “My Opinions on the Arab-Israeli Conflict: Israel Must Accept the Existence of a Palestinian State.”2 A few days prior to the publication of his (...) article in the Israeli press, Marcuse met with journalists and other guests…. (shrink)

We argue that a conflict between two conceptions of “quantity of matter” employed in a corollary to proposition 6 of Book III of the Principia illustrates a deeper conflict between Newton’s view of the nature of extended bodies and the concept of mass appropriate for the theoretical framework of the Principia. We trace Newton’s failure to recognize the conflict to the fact that he allowed for the justification of natural philosophical claims by two types of a posteriori, empiricist methodologies. Newton's (...) thoughts on these methodologies demonstrate that his natural philosophy continued to develop after the publication of the first edition of Principia and that De Grav should be understood as an early, and not necessarily representative, text. (shrink)

Newton’s Regulae philosophandi—the rules for reasoning in natural philosophy—are maxims of causal reasoning and induction. This essay reviews their significance for Newton’s method of inquiry, as well as their application to particular propositions within the Principia. Two main claims emerge. First, the rules are not only interrelated, they defend various facets of the same core idea: that nature is simple and orderly by divine decree, and that, consequently, human beings can be justified in inferring universal causes from limited phenomena, if (...) only fallibly. Second, the rules make substantive ontological assumptions on which Newton’s argument in the Principia relies. (shrink)