Saadya Gaon (882 – 942), one of the outstanding Rabbis in the period of the Geonim, rejected the legitimacy of legal inference, as part of his polemics with his contemporary Karaite scholars. The paper analyzes Saadya's stance regarding the logical basis of legal inference, and shows that Saadya's distinction between reason and revelation in the domain of legal inference is only in regard to the ‘illah– the factor that connects the case with its law. The rationality of the commandments, on (...) the other hand, is based according to Saadya upon the manfa‘ah– the utility of the commandments, and hence Saadya's religious doctrine turns out to be coherent and consistent. Maimonides (1138–1204), who was one of the most important figures in the Jewish scholarly world in the Middle Ages, adopted the Aristotelian concept of dialectics in order to facilitate his theory of Jewish legal argumentation. Unlike Saadya, Maimonides saw inferences in the realm of the law as legitimate. His position can be considered an inclination towards the Karaite ideology according to which reason must be the ruler in the realm of the law. Nevertheless, Maimonides' stance deviates from that of Karaites in a crucial point: according to Maimonides, only authorized institutions are qualified to use legal inference. Since the Talmud, according to Maimonides, represents the teachings of the rabbinical authorized institutions, its legal instructions must be followed. The article describes Maimonides' position regarding legal and Talmudic inferences, and shows that Maimonides' inclination towards the Karaite theory remains within the limits of the Rabbanite ideology. (shrink)

_ Source: _Volume 26, Issue 2, pp 149 - 173 In the fourth treatise of his legal-theological work _Kitāb al-Anwār wa-al-Marāqib_, Yaʿqūb al-Qirqisānī analyzes a criticism of the Aristotelian syllogism and its epistemological foundations. Qirqisānī defends Aristotelian logic by quoting a passage from an unknown commentary on Aristotle in which the Aristotelian theory of syllogism is explicated. This paper focuses on the historical, theological, and philosophical meanings of the criticism of the syllogism in Qirqisānī’s discussion and analyzes his interpretation of (...) the syllogism as a source of knowledge that should be applied in the realm of legal reasoning and in the interpretation of biblical law. (shrink)

The paper explores the philosophical and theological opinions of Friedrich Leubnitz (1597-1652), Leibniz’s father and the Dean of Philosophy in Leipzig, by examining an address he delivered in the magister ordination ceremony of 1646. The lecture depicts a perpetual conflict between Lucifer, who is also Apollo, the god of knowledge, and Christian philosophers. Among other features, the lecture presents Eve as a serpent and Christian philosophy as an occupation to avoid. Accordingly, Friedrich was probably more heterodox than usually portrayed, a (...) style of thinking that might have influenced his son. (shrink)

Drinking water quality has drawn enormous attention from scientific communities, the industrial sector, and the common public in several countries during the last couple of decades. The scholarship in science and technology studies somehow overlooked this crucial domain. This article attempts to contribute to this gray area by exploring how drinking water quality is understood in Indian water policies, laws, and courtrooms. The article argues that water policies and laws in India were significantly shaped by international treaties and global environmental (...) stewardship. In the courtrooms, the Indian judiciary employed minimum science-based evidence in decision making in the context of drinking water–related cases; rather they used a rights-based approach and minimally engaged with the issue of drinking water quality/standards. Whatever little science used as valid science by the judges in the decision making was entirely expert-based. The reliance of the judges on the scientific expertise of the experts representing regulatory organizations and public institutions was another unique characteristic of the relationship between science and law in India. (shrink)

Nongovernmental organizations (NGOs) and scientific controversies are often the common denominators in most of the cases that have significantly shaped science and society relationships in the Global South during the past two decades. National and international NGOs and their network have often facilitated the “opening up” of regulatory governance in multiple sectors. This article draws from three cases—the bottled water controversy, the agribiotechnology debates, and the nanotechnology initiatives—and charts out the role of the NGOs and controversies in (re)defining the science-society (...) relationship in India. The three cases illustrate how NGOs and controversies by their presence or absence at various stages of technology development shape the regulation-making exercise and the overall regulatory governance of science and technology. (shrink)

This paper reviews Constructivism and the sources of its influence overIsraeli educational discourse. Then, it describes examples ofConstructivists projects in the teaching of sciences and technology inIsrael (Sela, Media Plus), as well as a project that is based on theConstructivist approach to teaching (Together), and several Constructivistexperimental schools, followed by a summary of the obstacles to theimplementation of such projects. Next, it stresses two basic flaws in theConstructivist view and introduces a post-constructivist educationalparadigm, the Autonomy Oriented Education (AOE), which uses (...) `reflectionon experiments in living' as its major tool and aims to enable thedevelopment of autonomous, belonging and moral individuals. (shrink)

Aharon Aviram; The Paradoxes of Education for Democracy, or the Tragic Dilemmas of the Modern Liberal Educator, Journal of Philosophy of Education, Volume 20, I.

Natural fluctuations in sustained attention can lead to attentional failures in everyday tasks and even dangerous incidences. These fluctuations depend on personal factors, as well as task characteristics. So far, our understanding of sustained attention is partly due to the common usage of laboratory setups and tasks, and the complex interplay between behavior and brain activity. The focus of the current study was thus to test the feasibility of applying a single-channel wireless EEG to monitor patterns of sustained attention during (...) a set of ecological tasks. An EEG marker of attention (BEI—Brain Engagement Index) was continuously recorded from 42 healthy volunteers during auditory and visual tasks from the Test of Everyday Attention (TEA) and Trail Making Test (TMT). We found a descending pattern of both performance and BEI in the auditory tasks as task complexity increases, while the increase in performance and decrease in BEI on the visual task. In addition, patterns of BEI in the complex tasks were used to detect outliers and the optimal range of attention through exploratory models. The current study supports the feasibility of combined electrophysiological and neurocognitive investigation of sustained attention in ecological tasks yielding unique insights on patterns of sustained attention as a function of task modality and task complexity. (shrink)

In his Theory of Controversies, Marcelo Dascal proposed three types of polemic exchange, in which Controversy was added to the classic types of Discussion and Dispute. For example, in Dascal’s lights, logic is associated with polemic discussions, power manipulations with disputes, and ‘soft logic’ with controversies. The theory was remarkably successful in providing a realist framework for polemic exchanges. In this paper, I provide a conceptually independent substantiation and expansion of the theory, by associating it with meta-ethical analysis of thick (...) and thin concepts, indebted to Michael Walzer, Menachem Fisch and Yitzhak Benbaji. (shrink)

ABSTRACT Can Nietzsche's ideal of man, the overman, be conceived as an educational ideal in post-modern democratic societies? Should it be so conceived? This paper answers both questions positively. The affirmative answer to the first question is based on arguments aimed at overcoming two obvious difficulties: the Contradictions in Nietzsche's various references to his human ideal, and his blatant anti-democratic attitude. The affirmative answer to the second question builds on an analysis portraying Nietzsche's conception of man as one that allows (...) us, in a non-objectivist era, to accord a clear meaning to the term the “good life” and to educate in the light of this meaning. (shrink)

The rapid growth in consumption of bottled water across the globe has drawn attention of policy makers and academicians alike. However, its consumption practices have been examined primarily in the context of industrialized countries. Drawing on studies of Science, Technology and Society, Public Understanding of Science, and institutions, this article explores the nuances of the consumption conundrum of bottled water in India. This mixed method study relies on data collected through surveys and ethnography of consumption practices at selected sites in (...) Delhi. We find reasons for bottled water consumption to vary with the site of consumption. Although the notions of “purity” and “scarcity” drive consumption behavior, these attributes are far from being objective. Rather, they are shaped by a complex mix of sociocultural factors, public understanding of science, and trust on various institutional mechanisms of water provisioning. (shrink)

Fears of alienation and anomie in liberal societies have driven many writers to emphasize care and commitment as essential ingredients of human well-being and as educational aims. Conceiving autonomy to be incompatible with these values, they have concluded that autonomy should be replaced with alternative conceptions of human well-being and of education that emphasize care and commitment. The claim I will try to defend in this paper is that, in contrast to these views, there is no contradiction between autonomy on (...) the one hand and care and commitment on the other; hence acknowledgment of the importance of the latter pair of values need not lead to the rejection of the ideal of autonomy. (shrink)

Aharon Aviram; The Subjection of Children, Journal of Philosophy of Education, Volume 24, Issue 2, 30 May 2006, Pages 213–234, https://doi.org/10.1111/j.1467-97.

In this paper I want to do the following things. First I want to show that in the part of the Theaetetus where the relationship between knowledge and perception is examined, the concept of knowledge that is in question is very clearly characterized. We are left in no doubt as to what is to count as knowing. Secondly I want to unravel in some detail the case that Socrates puts on Protagoras’ behalf where he draws on what Protagoras actually wrote (...) (151 E-152C); as opposed to what he may have taught secretly to his pupils (152C-160D). Thirdly I wish to argue that if we let the dialogue speak for itself, it is manifest that this case put up on Protagoras’ behalf at 151 E-152C is not overthrown; it is not even shaken. (shrink)

Aharon Aviram; The Justification of Compulsory Education: the still neglected moral duty, Journal of Philosophy of Education, Volume 20, Issue 1, 30 May 2006, P.

Malcolm Feeley, one of the founding giants of the law and society field, is also one of its most exciting, diverse, and contemporary scholars. His works have examined criminal courts, prison reform, the legal profession, legal professionalism, and a variety of other important topics of enduring theoretical interest with a keen eye for the practical implications. In this volume, The Legal Process and the Promise of Justice, an eminent group of contemporary law and society scholars offer fresh and original analyzes (...) of his work. They asses the legacy of Feeley's theoretical innovations, put his findings to the test of time, and provide provocative historical and international perspectives for his insights. This collection of original essays not only draws attention to Professor Feeley's seminal writings but also to the theories and ideas of others who, inspired by Feeley, have explored how courts and the legal process really work to provide a promise of justice. (shrink)

(2004). ‘Flexible Control’: Towards a conception of personal autonomy for postmodern education. Educational Philosophy and Theory: Vol. 36, No. 1, pp. 3-17.

ABSTRACT The paper is a response to the present crisis of higher education as reflected in the fragmentation of the university, and its increasingly pevformative character. It is based on a criticism of Ronald Barnett's recent attempt to tackle this problem. While agreeing with Barnett's fundamentally radical approach to higher education, the paper criticises Barnetts view on three levels: the methodological, theoretical and practical. It ends with guidelines for an alternative radical approach which avoids the practical problems besetting Barnetts proposal.

(2004). ‘Flexible Control’: Towards a conception of personal autonomy for postmodern education. Educational Philosophy and Theory: Vol. 36, No. 1, pp. 3-17.

In this paper I want to do the following things. First I want to show that in the part of the Theaetetus where the relationship between knowledge and perception is examined, the concept of knowledge that is in question is very clearly characterized. We are left in no doubt as to what is to count as knowing. Secondly I want to unravel in some detail the case that Socrates puts on Protagoras’ behalf where he draws on what Protagoras actually wrote (...) ; as opposed to what he may have taught secretly to his pupils. Thirdly I wish to argue that if we let the dialogue speak for itself, it is manifest that this case put up on Protagoras’ behalf at 151 E-152C is not overthrown; it is not even shaken.In that part of the dialogue where the question is under examination whether or not knowledge and perception are the same, Socrates uses an idealized concept of knowledge. That is, he restricts the use of the word by setting down what he will consider to be the essential characteristics of knowledge, the sufficient and necessary conditions of its being instantiated. An excellent piece of philosophical procedure. (shrink)

Because anticipated and retrospective regret play important roles in practical deliberation and motivation, better understanding them can illuminate the contours of human agency. However, the possibility of self-ignorance and the fact that we change over time can make regret—especially anticipatory regret—not only a poor predictor of where the agent will be in the future but also an unreliable indicator of where the agent stands. Granting these, this paper examines the way in which prospective and, particularly, retrospective regret can nevertheless yield (...) important insight into the sorts of creatures we are, both generally and individually. The experience of retrospective regret can show a person she values something in a way she did not know or that she is (or was) a different person than she had thought, insights which can factor into forward-looking, or prospective, deliberation. Such instances of revelatory regret reveal something to the agent about herself as agent. I examine two cases of agential self-ignorance. In the first, the experience of regret reveals what the agent values, not only to others but even to the agent himself. In the second, the agent anticipates experiencing regret for an action but does not experience the regret, suggesting that the agent did not value the rejected alternative in the way she thought. Anticipatory regret is forward-looking and can play an important role in practical deliberation. But insofar as anticipatory regret flows from one’s imperfect judgment and prospection about oneself, retrospective regret can be an important corrective in helping the agent understand her own standpoint. (shrink)

We investigate whether ordinary quantification over objects is an extensional phenomenon, or rather creates non-extensional contexts; each claim having been propounded by prominent philosophers. It turns out that the question only makes sense relative to a background theory of syntax and semantics (here called a grammar) that goes well beyond the inductive definition of formulas and the recursive definition of satisfaction. Two schemas for building quantificational grammars are developed, one that invariably constructs extensional grammars (in which quantification, in particular, thus (...) behaves extensionally) and another that only generates non-extensional grammars (and in which quantification is responsible for the failure of extensionality). We then ask whether there are reasons to favor one of these grammar schemas over the other, and examine an argument according to which the proper formalization of deictic utterances requires adoption of non-extensional grammars. (shrink)

My discussion addresses the differences between analytic and continental philosophy concerning the use of logic and exact reasoning in philosophical practice. These differences are mainly examined in the light of the controversial dominance of Hegel's concept of logic (and theory of concept) in twentieth-century continental philosophy. The inquiry is developed in two parts. In the first (Sections 1-2), I indicate some aspects of the analytic-continental divide, pointing to the role that the topic 'logic and philosophy' plays in it. In the (...) second part (Sections 3-6), I give a short account of the views of logic which are typical of the three main trends of continental philosophy (see Table 1). I also suggest how, with the aid of some typical analytical devices, some continental 'anti-logical' attitudes may be corrected, on their own terms. (shrink)

In his newly updated version of The Anatomy of a Constitutional Law Case, Alan F. Westin provides a documentary portrait of historically important constitutional law case, 'Youngstown Sheet & Tube Co. v. Sawyer, ' from its rise in a bargaining dispute in the steel industry during 1952 to the aftermath of its decision by the United States Supreme Court. Westin has added to his classic book additional materials and personal commentaries collected since the work was first published. The new information (...) covers what went on within the Truman administration, what went on within the Supreme Court when analyzing and resolving issues that come before it. Westin includes selections from transcripts, briefs and other official proceedings, adds notes describing each phase of the constitutional process, and a section of commentary and questions relating this case to others. (shrink)

F. N. Sibley; VIII—Colours, Proceedings of the Aristotelian Society, Volume 68, Issue 1, 1 June 1968, Pages 145–166, https://doi.org/10.1093/aristotelian/68.1.1.

It is not quite as easy to see that there is in fact no formula of this modal language having the same truth conditions (in terms of S5 Kripke semantics) as (1). This was rst conjectured by Allen Hazen2 and later proved by Harold Hodes3. We present a simple direct proof of this result and discuss some consequences for the logical analysis of ordinary modal discourse.

In discussing questions of free will, Soviet philosophers fail to distinguish conditions from causes. This makes them unable to understand the very opponents they like to criticize.