In the past generation, restitution law has emerged as a global phenomenon. From its Oxbridge home, restitution migrated to the rest of the Commonwealth, and ongoing Europeanization projects have brought the common law of restitution into contact with the Romanist concept of unjust enrichment, further internationalizing this movement. In contrast, in the United States, scholarly interest in restitution, in terms of books, articles, treatises, symposia and courses on restitution, is meager. Similarly, while restitution, equity and tracing cases receive considerable treatment (...) at the highest levels of the English judiciary, US courts seem uninterested in these issues, rarely producing the theory-laden opinions that have become quite common in the House of Lords. The situation is particularly curious because restitution is generally thought to be the invention of late nineteenth-century American scholars. This article explains this divergence. I argue that the Commonwealth restitution discourse is largely a product of pre- or anti-realist legal thought which generates scepticism within the American academic-legal establishment. The article identifies the two dominant camps in American private law thought—left-leaning redistributionalists and the centre-right legal economists—and shows that neither has any use for the Commonwealth's discourse. I conclude by analysing the emerging drafts of the Restatement of Restitution and forecast the future of American restitution law. (shrink)

Substantial research demonstrates that ethical leaders improve a broad range of outcomes for their employees, but considerably less attention has been devoted to the performance and success of the leaders themselves. The present study explores the extent to which being ethical relates to leaders’ performance and promotability. We address this question by examining ethical leadership from the two ethical perspectives most common in Western traditions—i.e., the “right” and the “good”—and whether one might be more closely associated than the other with (...) performance and promotability evaluations. Results from 117 employee-supervisor-manager triads show that supervisors with a deontological outlook are more likely to be seen as ethical leaders and that utilitarian leaders are more likely to earn higher performance evaluations. We discuss the implications of these findings for research on ethical leadership. (shrink)

The New Rhetoric is founded on the idea that since “argumentation aims at securing the adherence of those to whom it is addressed, it is, in its entirety, relative to the audience to be influenced,” says Chaïm Perelman and L. Olbrechts-Tyteca, and they rely, in particular, for their theory of argumentation on the twin concepts of universal and particular audiences: while every argument is directed to a specific individual or group, the orator decides what information and what approaches will achieve (...) the greatest adherence according to an ideal audience. This ideal, Perelman explains, can be embodied, for example, "in God, in all reasonable and competent men, in the man deliberating or in an elite.” Like particular audiences, then, the universal audience is never fixed or absolute but depends on the orator, the content and goals of the argument, and the particular audience to whom the argument is addressed. These considerations determine what information constitutes "facts" and "reasonableness" and thus help to determine the universal audience that, in turn, shapes the orator's approach. /// The adherence of an audience is also determined by the orator's use of values, a further key concept of the New Rhetoric. Perelman's treatment of value and his view of epideictic rhetoric sets his approach apart from that of the ancients and of Aristotle in particular. Aristotle's division of rhetoric into three genres–forensic, deliberative, and epideictic–is largely motivated by the judgments required for each: forensic or legal arguments require verdicts on past action, deliberative or political rhetoric seeks judgment on future action, and epideictic or ceremonial rhetoric concerns values associated with praise or blame and seeks no specific decisions. For Aristotle, the epideictic genre was of limited importance in the civic realm since it did not concern facts or policies. Perelman, in contrast, believes not only that epideictic rhetoric warrants more attention, but that the values normally limited to that genre are in fact central to all argumentation. "Epideictic oratory," Perelman argues, "has significant and important argumentation for strengthening the disposition toward action by increasing adherence to the values it lauds.” These values are central to the persuasiveness of arguments in all rhetorical genres since the orator always attempts to "establish a sense of communion centered around particular values recognized by the audience.”. (shrink)

Combining ethnographic, semiotic, and performative approaches, this book examines texts and accompanying acts of writing of national commemoration. The commemorative visitor book is viewed as a mobilized stage, a communication medium, where visitors' public performances are presented, and where acts of participation are authored and composed. The study contextualizes the visitor book within the material and ideological environment where it is positioned and where it functions. The semiotics of commemoration are mirrored in the visitor book, which functions as a participatory (...) platform that becomes an extension of the commemorative spaces in the museum. The study addresses tourists' and visitors' texts, i.e. the commemorative entries in the book, which are succinct dialogical utterances. Through these public performances, individuals and groups of visitors align and affiliate with a larger imagined national community. Reading the entries allows a unique perspective on communication practices and processes, and vividly illustrates such concepts as genre, voice, addressivity, indexicality, and the very acts of writing and reading. The book's many entries tell stories of affirming, but also resisting the narrative tenets of Zionist national identity, and they illustrate the politics of gender and ethnicity in Israel society. The book presents many ethnographic observations and interviews, which were done both with the management of the site, and with the visitors themselves. The observations shed light on processes and practices involved in writing and reading, and on how visitors decide on what to write and how they collaborate on drafting their entries. The interviews with the site's management also illuminate the commemoration projects, and how museums and exhibitions are staged and managed. (shrink)

This book discusses the justifications and limits of cultural nationalism from a liberal perspective. Chaim Gans presents a normative typology of nationalist ideologies, distinguishing between cultural liberal nationalism and statist liberal nationalism. Statist nationalisms argue that states have an interest in the cultural homogeneity of their citizenries. Cultural nationalisms argue that people have interests in adhering to their cultures and in sustaining these cultures for generations. Gans argues that freedom- and identity-based justifications for cultural nationalism common in literature can (...) only support the adherence thesis, while the historical thesis could only be justified by the interest people have in the long-term endurance of their personal and group endeavors. The Limits of Nationalism examines demands often made in the name of cultural nationalism, such as claims for national self-determination, historical rights claims to territories and demands entailed by cultural particularism as opposed to cultural cosmopolitanism. (shrink)

Titel oversat: Islamisk, medicinsk etik i det tyvende århundrede.

This book examines the central questions concerning the duty to obey the law: the meaning of this duty; whether and where it should be acknowledged; and whether and when it should be disregarded. Many contemporary philosophers deny the very existence of this duty, but take a cautious stance toward political disobedience. This 'toothless anarchism', Professor Gans argues, should be discarded in favour of a converse position confirming the existence of a duty to obey the law which can be outweighed by (...) values and principles of political morality. Informed by the Israeli experience of political disobedience motivated by radically differing moral outlooks, the author sets out the principles which should guide our attitude to law and political authority even amidst clashing ideologies and irreconcilable moralities. This book will be of interest to students and scholars of law, philosophy and politics, and anyone concerned with the individual's responsibilties toward his or her political community. (shrink)

The legitimacy of the Zionist project--establishing a Jewish homeland in Palestine--has been questioned since its inception. In recent years, the voices challenging the legitimacy of the State of Israel have become even louder. Chaim Gans examines these doubts and presents an in-depth, evenhanded philosophical analysis of the justice of Zionism.

This interdisciplinary study brings together research on audiences’ participation in the media, and an up-close exploration of communicative entitlement of and for such participation. Viewing visitor books as situated, public media, the study asks two related questions: how museums and institutions that employ this medium frame participation of ‘ordinary’ people in the public sphere, and how, in return, visitors variously articulate their participation. The article first examines the context in which visitor books mediate participation, and how museums frame them so (...) as to invite ‘authentic’ expressions by ‘ordinary’ visitors. The analysis depicts a taxonomy of participation, evincing five types of entitlements found in visitor book texts. These entitlements shed light on how participation in the public sphere is both understood and pursued. The article responds to calls for empirically rich studies on mediation practices and processes. It adds to the literature on communicative entitlements by examining an under-researched hitherto public medium and by illuminating a shift from talk-in-interaction to the context of text-in-interaction. (shrink)

Can states' immigration policies favor groups with whom they are culturally and historically tied? I shall answer this question here positively, but in a qualified manner. My arguments in support of this answer will be of distributive justice, presupposing a globalist rather than a localist approach to justice. They will be based on a version of liberal nationalism according to which individuals can have fundamental interests in their national culture, interests which are rooted in freedom, identity, and especially in ensuring (...) the meaningfulness of their endeavor. The prevalent means for protecting these interests is the right to national self-determination. Many believe that this right should be conceived of as a right to a state. I shall show that this conception of self-determination implies purely nationalist immigration policies. I shall present reasons for rejecting such policies, reasons which together with other reasons form a strong case against the statist interpretation of the right to self-determination. They form a strong case in favor of understanding self-determination as a bundle of privileges to which nations are entitled within the states dominating their homelands. Some of these privileges have to do with immigration policies. I shall argue for three principles which should regulate these immigration privileges and discuss the relation between them and Israel's Law of Return. (shrink)

While the practice of Western medicine is known today to doctors of all ethnic and religious groups, its standards are subject to the availability of resources. The medical ethics guiding each doctor is influenced by his/her religious or cultural background or affiliation, and that is where diversity exists. Much has been written about Jewish and Christian medical ethics. Islamic medical ethics has never been discussed as an independent field of ethics, although several selected topics, especially those concerning sexuality, birth control (...) and abortions, have been more discussed than others. Islamic medical ethics in the 20th century will be characterised on the basis of Egyptian fatawa (legal opinions) issued by famous Muslim scholars and several doctors. Some of the issues discussed by Islamic medical ethics are universal: abortions, organ transplants, artificial insemination, cosmetic surgery, doctor-patient relations, etc. Other issues are typically Islamic, such as impediments to fasting in Ramadan, diseases and physical conditions that cause infringement of the state of purity, medicines containing alcohol, etc. Muslims' attitudes to both types of ethical issues often prove that pragmatism prevails and the aim is to seek a compromise between Islamic heritage and the achievements of modern medicine, as long as basic Islamic dogma is not violated. (shrink)

The article examines how practices of inscription and structures of addressivity at a symbolic site provide implicit indexical means for establishing subjectivities and agencies. By examining a visitor book located in a national commemoration site in Jerusalem, Israel, the article first argues that inscribing practices themselves can function as implicit indexical mechanisms. In ritualized environments, inscribing assumes the function of a non-referential indexical because discourse is materially engraved unto a surround. These environments are also characterized by prescribed addressivity structures. The (...) article goes on to discern between a number of addressivity structures, evinced in visitors' aesthetisized entries. These structures serve as contextualizing cues and evince the ways visitors establish subjectivities and participation in national commemoration. Addressivity structures are shown to construct different types of social actors, and the spaces and temporalities within which they operate. Building on previous research on performance, the article shows how addressivity and inscription together supply the prerequisites for situated performances of identities and selves on inscribed and symbolic stages. (shrink)

Bakhtin famously argued that language-as-used is essentially dialogic. One pragmatic implication concerns how dialogicity is established in various contexts. In political discourse, polemic polyphony emerges from the juxtaposition of adversarial voices of political actors: a dialogue in which different voices index different ideological orientations. Polyphonic ensembles establish discoursal scenes and make them recognizable, enabling distinctions such as those between ‘us’ and ‘them’, and between heroes and villains. Overall, they assist speakers in the semiotic mediation of political relations.

Committee protocols typically involve a deliberation stage in which members try to influence and convince other regarding the “right” decision. Beyond information exchange, such deliberations also aim to affect the preferences and the votes of other members. Using a model of social influence, we demonstrate how deliberation procedures affect the voting outcome and how different protocols of consultation by committees’ chairs may affect their decisions. We then analyze the ability of a “designer” to control the deliberation protocol and to manipulate (...) the deliberation procedure to increase the probability that the outcome he favors will be selected. (shrink)

IntroductionResponsive neurostimulation is an evolving therapeutic option for patients with treatment-refractory epilepsy. Open-loop, continuous stimulation of the anterior thalamic nuclei is the only approved modality, yet chronic stimulation rarely induces complete seizure remission and is associated with neuropsychiatric adverse effects. Accounts of off-label responsive stimulation in thalamic nuclei describe significant improvements in patients who have failed multiple drug regimens, vagal nerve stimulation, and other invasive measures. This systematic review surveys the currently available data supporting the use of responsive thalamic neurostimulation (...) in primary and secondary generalized, treatment-refractory epilepsy.Materials and MethodsA systematic review was performed using the following combination of keywords and controlled vocabulary: OR ) OR [responsive neurostimulation AND thalamus AND ]. In addition, a search of the publications listed under the PubMed “cited by” tab was performed for all publications that passed title/abstract screening in addition to manually searching their reference lists.ResultsTen publications were identified describing a total of 29 subjects with a broad range of epilepsy disorders treated with closed-loop thalamic neurostimulation. The median age of subjects was 31 years old. Of the 29 subjects, 15 were stimulated in the anterior, 11 in the centromedian, and 3 in the pulvinar nuclei. Excluding 5 subjects who were treated for 1 month or less, median time on stimulation was 19 months. Of these subjects, 17/24 experienced greater than or equal to 50%, 11/24 least 75%, and 9/24 at least 90% reduction in seizures. Although a minority of patients did not exhibit significant clinical improvement by follow-up, there was a general trend of increasing treatment efficacy with longer periods on closed-loop thalamic stimulation.ConclusionThe data supporting off-label closed-loop thalamic stimulation for refractory epilepsy is limited to 29 adult and pediatric patients, many of whom experienced significant improvement in seizure duration and frequency. This encouraging progress must be verified in larger studies. (shrink)

The paper presents a simple game-theoretic model in which players decide on search procedures for a prize located in one of a set of labeled boxes. The prize is awarded to the player who finds it first. A player can decide on the number of (costly) search units he employs and on the order in which he conducts the search. It is shown that in equilibrium, the players employ an equal number of search units and conduct a completely random search. (...) The paper demonstrates that the search procedure is intrinsically inefficient. Journal of Economic Literature Classification Number: D83. (shrink)

Postmortem examinations have recently become common practice in Western medicine: they are used to verify the cause of death and to obtain additional scientific information on certain diseases, as well as to train medical students. For religious people of the monotheistic faiths postmortems present several ethical questions even though the advantages attributed to postmortems in the West are also acknowledged by Jews, Christians and Muslims. The Islamic way of dealing with such questions will be surveyed via contemporary fatawa (legal opinions) (...) issued primarily by Egyptian scholars; Islamic law, which was formulated in the eighth to ninth centuries, did not speak of postmortems. I will therefore depict the means whereby contemporary scholars approach postmortems in the absence of clear legal reference. The difficulties that postmortems create for Muslims at present will be weighed against some shar i instructions which may help circumvent them. While the ethical and religious debate continues, postmortems seem to be accepted but not, however, without certain reservations. (shrink)

Positivism and, especially, Max Weber's vision of the modern disen chantment of the world are incoherent because they separate human culture from the environment in which human agents pursue their life- projects. The same problem is manifested, more blatantly, in current social studies of science, which take the project of disenchantment further by disenchanting science itself. A different image of science is traced to classical empiricism, whose paradigm of learning is belief and, more specifically, the practical nature of the believer's (...) experience of the environment of his or her actions. The believer's ecological imagery of the world, as it was elaborated by classical empiricism, provides the means to transcend the disenchanted image of the world and its prob lems. (shrink)

This book comprises a series of studies devoted to an analytic examination of reasoning in the field of conduct. The first is analysis of the idea of justice undertaken in a spirit of positivism; the series continues in a different vein necessitated by compelling obligation the author found himself under to work out a logic of value judgments. This logic is in fact the Rhetoric and Topics of antiquity: the author's "Traité de l' Argumentation gave this new life, and the (...) present work demonstrates its philosophical importance. (shrink)

ABSTRACTUniversities remain the most important organisations involved in developing knowledge and providing means of social mobility. However, they are facing challenges from new providers facilita...

The interest individuals have in the preservation of their culture raises various difficulties pertaining to the meaning of this interest, its justification, and its normative implications. In this Paper, I wish to make several comments on these issues and the relationships between them. I will discuss the meaning of the interest individuals have in the preservation of their culture and the justification of this interest by referring to Margalit and Halbertal’s article “Liberalism and the Right to Culture.” I will then (...) comment on the classification of cultural preservation rights by referring to Kymlicka’s notions of poly-ethnic rights, self-government rights and representation rights. I will conclude with questions concerning the justification of some particular rights to cultural preservation by resorting to Brian Barry’s discussion of Québec language rights and some examples of Israel’s immigration policies. (shrink)

It may be that the appropriate demographic objective of Israel as a country in which the Jewish people realize their right to self-determination is the existence of a Jewish public in Israel in numbers sufficient to allow its members to live in the framework of their culture. It may also be that the appropriate demographic objective of Israel should be the existence of a Jewish majority within it. While I discussed this issue elsewhere; here I discuss the legitimate means for (...) the realization of these goals. Israel’s principal means for realizing these objectives thus far has been its Law of Return and its Citizenship Law. These laws afford every Jew anywhere in the world the right to immigrate to Israel and become a citizen of the State of Israel. Many liberals and left-wingers consider these laws to be tainted with racism, because they regard any nationally-based preference with regard to immigration to be a form of racism. In the first part of my paper I argue against this position. I offer three justifications for nationality-based preferences in immigration. However, the fact that nationality-based priorities in immigration are not necessarily racist and that there are legitimate human interests justifying such priorities, does not entail that the specific priorities manifested by Israel’s Law of Return and its other immigration and citizenship policies are just. These policies in effect mean that all Jews and only Jews have the right to immigrate to Israel and to become fully integrated in Israeli life. In the second part of the paper, I argue that these two aspects of Israel’s immigration policies, namely, its almost categorical inclusion of all Jews and its almost categorical exclusion of all non-Jews, are somewhat problematic. In addition to the Law of Return, a number of additional ways to ultimately increase the number of Jews in relation to the number of Arabs have been proposed and even adopted in Israel in recent years. During the incumbency of the fifteenth Knesset, right-wing Member of Knesset Michael Kleiner tabled a draft bill intended “to encourage people that do not identify with the Jewish character of the state [i.e., Palestinian citizens of Israel C.G.] to leave.” The Israeli Government later tabled a bill—that was eventually passed—to amend the Israeli Citizenship Law in a manner that would deny Arabs who are Israeli citizens and have married Palestinian residents of the Occupied Territories the right to live in Israel with their spouses and children. In the third part of the paper, I clarify why in contrast to granting Jews priority in immigration, both the aforementioned laws, namely, Kleiner’s law and the law pertaining to family unification are racist and are therefore morally unacceptable. (shrink)