In light of the widespread use of algorithmic (intelligent) systems across numerous domains, there is an increasing awareness about the need to explain their underlying decision-making process and resulting outcomes. Since oftentimes these systems are being considered as black boxes, adding explanations to their outcomes may contribute to the perception of their transparency and, as a result, increase users’ trust and fairness perception towards the system, regardless of its actual fairness, which can be measured using various fairness tests and measurements. (...) Different explanation styles may have a different impact on users’ perception of fairness towards the system and on their understanding of the outcome of the system. Hence, there is a need to understand how various explanation styles may impact non-expert users’ perceptions of fairness and understanding of the system’s outcome. In this study we aimed at fulfilling this need. We performed a between-subject user study in order to examine the effect of various explanation styles on users’ fairness perception and understanding of the outcome. In the experiment we examined four known styles of textual explanations (case-based, demographic-based, input influence-based and sensitivity-based) along with a new style (certification-based) that reflect the results of an auditing process of the system. The results suggest that providing some kind of explanation contributes to users’ understanding of the outcome and that some explanation styles are more beneficial than others. Moreover, while explanations provided by the system are important and can indeed enhance users’ perception of fairness, their perception mainly depends on the outcome of the system. The results may shed light on one of the main problems in explainability of algorithmic systems, which is choosing the best explanation to promote users’ fairness perception towards a particular system, with respect to the outcome of the system. The contribution of this study is reflected in the new and realistic case study that was examined, in the creation and evaluation of a new explanation style that can be used as the link between the actual (computational) fairness of the system and users’ fairness perception and in the need of analyzing and evaluating explanations while taking into account the outcome of the system. (shrink)

Logic in Action/Doron Avital Nothing is more difficult, and therefore more precious, than to be able to decide (Napoleon Bonaparte) Introduction -/- This book was born on the battlefield and in nights of secretive special operations all around the Middle East, as well as in the corridors and lecture halls of Western Academia best schools. As a young boy, I was always mesmerized by stories of great men and women of action at fateful cross-roads of decision-making. Then, like (...) as today, I felt the full weight of the moment of truth as it confronts the individual, the man or woman of action, with the imminent necessity to decide. Alongside, as I was climbing up the ladder of education, I found myself just as well captivated by the great intellectual stories of our times, in particular 20th century analytic philosophy and, at its core, the machinery of modern logic. How do then the cool contemplative modes of the philosophical and analytic outlooks, that are better fitting of the philosopher's armchair at the fireplace, hang together with the heat of the battlefield or the angst of the ticking clock of time left to the completion of a daring special operation? Growing up I was pondering exactly that. Not accidently, and in fact as consequence, I have chosen a course in life that challenged me to visit the poles of both theory and practice. I set myself on a mission to unravel the tension between the contemplative inquiry, supposedly theoretical, aiming at the logical structure of things, and the uncompromising test of life and action. The puzzle of the gap between theory and practice has become ever since the guiding question of my life. -/- Not long ago, I met two friends, Avner Shor, a veteran combat soldier of the special forces unit I eventually commanded, and Aviram Halevi, a fellow officer with whom I served. Why will we not put into writing the ideas that guided us during our years of military action, we wondered. At that time, I used to deliver the keynote lectures to the senior officers' course of Israel central intelligence organization, the Mossad. For this I already had to put some of these ideas in writing. Avner was quick to introduce me with a notable publisher and even helped me write the first chapter. With Aviram I sat to many meetings, where he would challenge me with key questions, and we followed them with memories of operations and battles, aiming to draw the required lessons. This served me well when I finally sat down to write the first draft of the book. The result was more extensive than me and my friends had expected. I had to add a particularly long chapter dealing with the story of modern philosophy and logic. This was required, I felt, as no decision-making process lives in an intellectual vacuum. Knowingly or subconsciously, the intellectual climate of the time guides us for better or worse with the decisions we finally take. The initial draft was naturally cumbersome and inaccessible. But here I had the privilege of meeting a particularly talented editor, Rami Rothholtz. I found in Rami both an editor and a critical reader. As an infantry combat soldier at youth and now a senior journalist and editor, Rami insisted on simplifying and refining my ideas. Had it not been for his work, this book would have been literally unreadable. *** I opened my book with a brief description of a single night of a special operation deep at the Lebanon Bekaa valley, far away from Israel northern border. The mission was to kidnap a senior terror leader known to be holding in captivity an Israeli pilot. This was also the last special operation I commanded in my military career. A single special operation night, but what had to precede it? For sure, many months of intense and skillful preparations. What is Planning? This is the question with which I open up chapter (2) of the book. I confront in this chapter two approaches to planning. The first is the one I saw as a mission to myself to cultivate in my many years of military service. The second is the one I saw as representing a deep-rooted fallacy that holds a firm grip on today's conventional wisdom about planning. To further examine the logic of the competing models, I was required in chapter (3) to analyze the concept of "The Standard". I argue that the false model of planning has its roots in an attitude of an uncompromising adherence to the power of literal obedience to standards and rules. The standard, or what is outlined by a rule as prescribing a future course of action, is seen as an answer to the fundamental tension between theory (planning) and practice (execution). I argue in contrast that the standard does not produce an answer but rather what I call: "A Well-Defined Question". In essence, it is a meticulously-well-planned invitation to exercise a fresh judgment. A judgement that has as an anchor the default answer that the standard produces but is open to extension as it confronts the new frame of reference of the test of reality. In chapter (4), I present a new tool for planning and execution: "The Polygon of Risks" or "The Polygon of Execution". The Polygon is a geometric illustration of the underlying tension that exists between all dimensions of the operational project. The construction and conceptualization of the trade-offs that exist between the various dimensions - segments of the polygon - is the first topic on the planner's agenda. I position the concepts of "Daring" and "Taking Proactive and Well-Informed Risks" as necessary logical constituents of the polygon and show how in contrast the false model of planning is responsible for an operational culture that is risk-averse. It encourages, in fact, the piling up of false securities at the segments' level that eventually lead to the collapse of the polygon. The necessary trade-offs relationships that exist between the segments of the polygon express the fundamental tension between partnership and competition: partnership in a joint goal and competition over resources, both material and abstract. When this tension is not managed well, that is, when the players' local optimizations overshadow the global optimization required for the success of the project, the execution polygon collapses. In this scenario, we may find the setting of the bar of "High Standards" in a players' spheres of responsibility to conceal a hidden agenda of personal insurances taken against a possible failure. Once the overall risk is not mitigated by way of collaborative joint executional dialogue, the process that leads to a collapse of the polygon is literally unstoppable. *** In chapter (5), I discuss "(Fateful) Decisions". I examine the way in which we should translate the polygon into sequential critical decisions on the timeline. The execution polygon is not a rigid scaffolding but a dynamic conceptual illustration of the -/- project. It will need now to be converted into successive decision junctions. We will find the content of a decision and its timing on the timeline to be inseparable. The right decision is the one that is taken at the right time. The moment of decision is in fact the last moment of deliberation, the first moment available for action, i.e. the first possible "Can" is also the latest possible "Must". Deciding too soon is analog to the "Jumping of the Gun". The decision maker is forcing a pre-conceived answer to a state of affairs not ripe for an answer, e.g. the target in the shooting range is not yet erected. Late to decide and the decision maker may envision what he or she should have done but reality is no longer available for them to harness it right, e.g. consider a tennis player's frustration when reviewing a too-late-to-react move in the video replay. I review in this chapter many fateful decisions, both historical, from Napoleon's Waterloo, to a Bridge Too Far of WWII, to the failed rescue attempt of American hostages at the time of the Iranian Revolution, as well as fateful decisions I had to take in the course of my military life, both in combat and in special operations, and show the sense in which they all answer to our analysis. The theme of chapter (6) is "The Moment of Truth". This is the moment when everything is on the line and from which there is no turning back. I discuss the formative repetitive structure of the schooling and simulation phase and contrast it with the "One Shot, One Opportunity" nature of the moment of truth. This is extremely helpful when we analyze the logical structure of failures as unwarranted repetitions of past lessons. The schooling curriculum indeed consists of important abstractions drawn from lessons of the past. However, it is when we project them in a fashion that is literal or mechanical that we cross path with the possibility of a failure. The paradox of education is that what we must repeat in school and simulation must be extended and not repeated in real life. What is required of us so we do not fall into the fallacy of repetition in face of the moment of truth is the core subject of the discussion of this chapter. In chapter (7), I took a lengthy philosophical detour surveying the intellectual drama of modern logic, and in general, the story of 20th century analytic philosophy. Readers who choose to bypass the somehow demanding narrative of this drama can do so and still keep the argumentative thread of the book. However, even by way of skipping the more technical parts, I would still urge the readers to delve into the discussion in this chapter as I believe this would grant them a deeper understanding of the overall conceptual framework. I explore here the work of two key figures: the logician Kurt Gödel and the philosopher Ludwig Wittgenstein, both were crowned in 2000 by TIME Magazine, as the leading Logician and Philosopher, respectively, of the 20th Century. I review the fascinating logical result of Gödel's Incompleteness Theorem and examine its relevance as setting a theoretical limit to the power of formalization. This amazing logical result - a result that shakes the logical foundations of 20th century thought in as much as the discovery of irrational numbers shook the foundations of the Pythagorean program of the ancient Greeks - bears significantly on the question of action and the blind trust we place in the power of formalization in the form of protocols and rules. It is here that Wittgenstein's philosophy enters in full force. We follow Wittgenstein as he dismantles our conception of rules as if there were "Railroads to Infinite", i.e. as prescribing for us in-advance their proper employments in all possible -/- future eventualities. Instead we propose that the dilemma of action demands of us an extension of rules rather than a mechanical or blind repetition of their literal imperative. In turn, this extension can serve as a new lesson added to the curriculum of school and simulation. The theme of chapter (8), the concluding chapter, is Strategy, Logic, and Ethics. The chapter comes to place the ethical dilemma in the conceptual map we presented in the book. I discuss here the tension between strategy as a process of setting goals and deriving backward as it were the steps that are necessary for achieving these goals, to the inescapable dictation of the ethical imperative. This unavoidable tension is particularly important against the backdrop of contemporary culture that is guided by a vision of personal success and achievement that may threaten our ability to do what is right. Most of all, I am troubled in this chapter, with the role logic may play, first as a liberating force enabling a change that is tuned to the ethical imperative, and second, as a force designed to justify on logical grounds, as it were, the existing power structure. It is in this junction that brave individuals will be called to challenge the governing logic of the zeitgeist - logic that operates now as an oppressive force that serves the vested interest of beneficials of the existing order. When success is favored over doing what is right, as we must admit is the prevailing cultural mood of our times, that the words of Emanuel Kant carry their full weight: "Do the Right thing and leave the Consequences to God". For this we need heroes and heroines that challenge the time by bearing the full weight of responsibility that comes with the doing of what is Right. *** This book was written more than anything from the perspective of the heroes and heroines of action. Sometimes they may be missing the exact words or the full insight into the solid logical complexity that stands between them and the doing of what is right. They feel what is right to do on the battlefield of life, whether in real battle, in political or economic life or whether in the life of creativity and the quest of the intellect. They do need, in analogy, proper logical and intellectual artillery. I hope they will find the logical cannons they require as they travel through the pages of this book. The rest is in their hands at the Moment of Truth. -/- Doron Avital, Tel Aviv 2011 -/- . (shrink)

Tractatus Logico-Pilosophicus, the only book published during Ludwig Wittgenstein's lifetime , has since attracted the imagination of generations of philosophers as a work of great philosophical genius. Nonetheless, even today, more than eighty years later, philosophers are struggling to reconcile its diverse themes within a single, coherent picture. The present work is an attempt to meet this challenge. ;Wittgenstein considered the single proposition as a concrete model for the fact. The challenge is to show how a system of propositions can (...) serve as a model of reality. My work concentrates on three pillars of the logic of the Tractatus: the picture theory, negation as "reversal of sense," the independence of elementary propositions. Using a simple scenario of the ordering of objects or letters on a line, I examine the conflict generated by the attempt to adequately accommodate all three themes and offer my own solution. My solution brings implications to the problem of negation and to the Tractatus's thesis that the possibilities of logical space are spanned by the possible configurations of the ultimately simple objects. One such implication, which stands in contrast to the common reading, is that in atomic facts we have 'complex objects' as constituents. ;The resolution offered, furthermore, exposes an intrinsic difficulty in the Tractatus, for which I have reserved the term arbitrary choice. The difficulty is manifested in the lack of assurance---from the perspective of logic---that a concept-word will preserve its 'standard' meaning when it is reapplied or when its scope of application varies. In this I uncover the seed of central themes in Wittgenstein's later philosophy, e.g. the rule-following argument, as present already in the Tractatus. ;In the concluding chapter, I suggest a new account for the nature of the proposition by connecting the analysis offered in the Tractatus with the subject of time and motion. The picture with which the work concludes then considers language not as corresponding to reality, but as engaged or synchronized with reality---if you will, it is a picture of language and reality in a dance. (shrink)

In Philosophical Investigations, Wittgenstein argues that we can neither say of the standard One Metre in Paris that it is a single metred length, nor that it is not. Kripke's reply to the puzzle is well known: the sentence expressing the assertion that the standard One Metre is one metre in length (at time t0) is a true, a priori and contingent sentence. In this paper, I would like to show the nature of the intuition that runs behind Kripke's reply (...) to the puzzle, and why, in the final analysis, it is not satisfactory, with respect to the point made by Wittgenstein. In addition, I will show that the case of the One Metre in Paris exemplifies the radical break Wittgenstein makes with traditional concepts of meaning. I then draw a general lesson that shows that the structure of concepts and functions (measures) in Wittgenstein is given by the idea of an arbitrary choice of "an object of comparison." Concepts and functions (measures) are materialised and internalised in the form of objects that are arbitrarily sampled from a sample space of same logical-type objects. (shrink)

In 2021, an NFT of a digital artwork by the artist @beeple was sold for $69 million. This sale is the starting point for a logical-historical journey tracing the fate of the Original in the digital age. We follow the footsteps of two seminal works exploring the concept of the Original, the celebrated The Work of Art in the Age of Mechanical Reproduction by Walter Benjamin and Nelson Goodman’s book, Languages of Art. We examine two case studies: the Lost Leonardo (...) - a recently surfaced painting claimed to be by Leonardo da Vinci, which remains highly disputed, and the grandiose saga of van Meegeren, the famous counterfeiter of Vermeer’s works from the 1930s and 1940s. Both tales are read as fascinating detective stories. We provide an analysis of our own that anchors the idea of the Original with the logic of Singular Rule - thereby giving structure to the ‘one-of-its-kind’ property that we associate with the Original. Our final remarks discuss the relevance of our analysis to the digital art of today. (shrink)

The article takes as its starting point the work of Tomas Kulka on Kitsch and Art to further a philosophical move aiming at the very logical core of the question of art. In conclusion, the idea of Singular Rule is offered as capturing the defining logic of art. In so doing, the logical structure of a singular rule is uncovered and in that also the sense in which the idea of singular rule both explains and justifies the role that art (...) plays in our life. In his Kitsch and Art Tomas Kulka extends Karl Popper's refutation principle in science to the arts. He asks of a true work of art to be open to “refutation” by way of evaluating it against its own admissible alterations or variations. An admissible alteration according to Kulka is a change or a modification of the work that does not “shatter its basic perceptual gestalt”. In considering alterations that are aesthetically better, worse or neutral with respect to the original picture, Kulka offers us a rational reconstruction of key aesthetics concepts such as unity, complexity and intensity. His reconstruction will show that a work of kitsch does not qualify as art in direct analogy to a proposition that cannot qualify as scientific if it is not refutable. Kitsch cannot be “refuted” by any of its possible alterations as they are all of equal aesthetic value. This explains the aura of empty perfectionism that accompanies the experience of kitsch since the work of kitsch does not carry any promise for improvement nor does it show itself superior to any of its possible alterations. Notwithstanding Kulka’s novel analysis, its premise we must note is grounded in the work of art impressing on us a single basic perceptual gestalt with respect to which an alteration can qualify as admissible. But in acknowledging the possibility of a gestalt-switch or the fact that the work of art can impress on us a variety of mutually-exclusive perceptual gestalts, Kulka's analysis loses the logical anchor necessary for it to work. However, in what might look at first sight as an unrecoverable logical deficiency, we find an anchor to a novel analysis to the question of art. This is our analysis to the idea of art as a singular rule. Indeed, the concept of a singular rule - a rule onto itself which has exclusively itself as its own argument - must strike us as paradoxical. But in offering to reconstruct the work of art through the complementary concepts of background and figure - to match respectively the how and the what of the work - we are able to provide a structural resolution to the idea of singular rule as what defines art. In this we believe we deliver a definitive answer to the question of art. (shrink)

Tomas Kulka’s celebrated body of work on aesthetics has its logical groundings among other influences in the work of Karl Popper in the philosophy of science and Nelson Goodman on art and symbolic systems. I will revisit these two anchors to draw the philosophical move Tomas takes in his Kitsch and Art and use it to further a philosophical move of my own aiming at the very logical core of the question of art.

Art as a Singular Rule "Art has nothing to do with me. Or my family. Or anybody I know" Abstract - This paper will examine an unresolved tension inherent in the question of art and argue for the idea of a singular rule as a natural resolution. In so doing, the structure of a singular rule will be fully outlined and its paradoxical constitution will be resolved. The tension I mention above unfolds both as a matter of history and as (...) a product of analysis. The concept of imitation will be our introduction to a brief overview of a historical trajectory starting with Plato. Plato is notorious for having imposed one of the most humiliating verdicts ever on the Arts: Art is imitative he argued, it is the practice of reproducing illusions and is, therefore, both an inferior source of knowledge and an ethically corrupt activity. Then, the story continues, came Aristotle, the savior of the Arts: he suggested that since essence, form, is imbedded in reality, the artist who imitates essence performs the noble task of abstracting form from substance. Art could now proudly stand alongside other highly respectable branches of human activities, such as the sciences. With the dominance of Aristotle in Western culture, abstraction came to play a key role. Leaping forward to our time, it can be argued that in Modernism the move towards abstraction was pushed to breaking point - to the point where the object was dismissed and denied relevancy to the work of art. This will bring us to a discussion of Art as representation and subsequently, to the introduction of a line of philosophical reasoning that threatens the Arts. It will seem as if we are caught between two extremes: If we assume that art is representational, we open the door for the old Platonic criticism that art is merely imitative (of its object); If we return to abstractionism, we may be led along a path that does not stop short of renouncing the object altogether, i.e. nothing is asserted as standing to the work of art as an "object" or an outer aim; this leaves us on a suspiciously skeptical note concerning the purpose and aim of art - and it indeed echoes prevailing feelings of unrest and confusion concerning the arts, precisely the sort that the quote above indicates. This seems to entrap us in a vicious circle. However, drawing upon the philosophies of Kant, Wittgenstein, Goodman and the contemporary Czech philosopher and esthetician, Tomas Kulka, I suggest a way for resolving the dilemma. This is my analysis of singular rule. (shrink)

The article takes as its starting point the work of Tomas Kulka on Kitsch and Art to further a philosophical move aiming at the very logical core of the question of art. In conclusion, the idea of Singular Rule is offered as capturing the defining logic of art. In so doing, the logical structure of a singular rule is uncovered and in that also the sense in which the idea of singular rule both explains and justifies the role that art (...) plays in our life. In his Kitsch and Art Tomas Kulka extends Karl Popper's refutation principle in science to the arts. He asks of a true work of art to be open to “refutation” by way of evaluating it against its own admissible alterations or variations. An admissible alteration according to Kulka is a change or a modification of the work that does not “shatter its basic perceptual gestalt”. In considering alterations that are aesthetically better, worse or neutral with respect to the original picture, Kulka offers us a rational reconstruction of key aesthetics concepts such as unity, complexity and intensity. His reconstruction will show that a work of kitsch does not qualify as art in direct analogy to a proposition that cannot qualify as scientific if it is not refutable. Kitsch cannot be “refuted” by any of its possible alterations as they are all of equal aesthetic value. This explains the aura of empty perfectionism that accompanies the experience of kitsch since the work of kitsch does not carry any promise for improvement nor does it show itself superior to any of its possible alterations. Notwithstanding Kulka’s novel analysis, its premise we must note is grounded in the work of art impressing on us a single basic perceptual gestalt with respect to which an alteration can qualify as admissible. But in acknowledging the possibility of a gestalt-switch or the fact that the work of art can impress on us a variety of mutually-exclusive perceptual gestalts, Kulka's analysis loses the logical anchor necessary for it to work. However, in what might look at first sight as an unrecoverable logical deficiency, we find an anchor to a novel analysis to the question of art. This is our analysis to the idea of art as a singular rule. Indeed, the concept of a singular rule - a rule onto itself which has exclusively itself as its own argument - must strike us as paradoxical. But in offering to reconstruct the work of art through the complementary concepts of background and figure - to match respectively the how and the what of the work - we are able to provide a structural resolution to the idea of singular rule as what defines art. In this we believe we deliver a definitive answer to the question of art. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Discover the Unknown Chekhov in Your ESL ClassroomNinah Beliavsky (bio)I was born in Moscow, ate aladushki, and listened to my mother read Chekhov in Russian. Kashtanka, a tale about a young, ginger-colored pup who gets lost, made me cry. And when I read about the death of Ivan Dmitrich Kreepikov, in The Death of a Civil Servant, I did not know whether to laugh or to cry. The poor (...) civil servant was sitting and watching an opera in a theater when all of a sudden he sneezed and spattered an old gentlemen, General Shpitzalov, in front of him. Now, as Chekhov writes, sneezing is not prohibited to any one or in any place; peasants sneeze, and even the chiefs of police sneeze. But, you see, the poor civil servant, being very much rank-conscious, could no longer live with himself after committing such a misconduct. He apologized profusely and went home, and without taking off his uniform, he lay down on the sofa, and... died.And what about Van'ka Zhukov, an orphan boy of nine apprenticed to a shoemaker who is being beaten and overworked. He writes a letter to his grandfather on Christmas Eve, begging him for the dear Lord's sake to take him away from his misery. After scratching his head and thinking for a moment, he dips his pen in ink and addresses his envelope: "The Village. To Grand Dad." He then dashes out into the street and pushes his precious letter through the opening of the postbox...The second part of my childhood I spent in Jerusalem; there I ate falafel with humus, was obsessed with perfecting the pronunciation of the Hebrew guttural "r," and read Miriam Yalan Shtekelis's children's poetry, which was filled with magical objects that laughed and cried. By the time I was in high school I was living in Milwaukee, eating fries and ice cream sundaes and reading O. Henry.The literature that one comes in contact with during childhood and young [End Page 101] adulthood is often deeply engraved on a person's psyche. It is similar to an adult craving sweets because of the psychological association with her childhood and a safe and protected environment. We tend to think back to the "good old days" because we find comfort in our past. Today, as an adult, a wife, and a mother, I often find refuge in my childhood memories. And, like most people, much of what I encounter and read today I tend to associate with my past. If I come across a story that I heard in my childhood, as I search for something new and amusing to give to my college English-as-a-Second-Language (ESL) students, I try to incorporate it into my curriculum. A few years ago I came across the story The Necklace by Guy de Mappassant and immediately recalled reading it in my adolescence. This story brought back the warm memories of home that I felt would be understood and identified with by my foreign students. Today, this story is one of my students' favorites. By using stories from my own past, I feel that I can bring to my class discussions a unique perspective—my own recollections and feelings and an interpretation not only academic in nature but also personal. Often, my international students will recall hearing or reading some of the same stories (that I bring to class) in their childhood, in their native tongues, and thus these stories will not seem out of context anymore because there will be a sense of connection.I teach ESL to college students—reading and writing at the intermediate and advanced levels. Aside from following the standard curriculum of using grammar and writing textbooks, I bring to my ESL classes music, opera, art, young adult novels by American writers, and short stories by both international and American writers. For instance, my students enjoy reading O. Henry's "The Christmas Present," "The Last Leaf," and "The Two Thanksgiving Day Gentlemen." These stories are about real people—just like my students—they are about everyday events, they are humorous and tragic in nature, and they have an unexpected twist... (shrink)

Recently, the ‘right to die’ became a major social issue. Few agree suicide is a right tout court. Even those who believe suicide (‘regular’, passive, or physician-assisted) is sometimes morally permissible usually require that a suicide be ‘rational suicide’: instrumentally rational, autonomous, due to stable goals, not due to mental illness, etc. We argue that there are some perfectly ‘rational suicides’ that are, nevertheless, bad mistakes. The concentration on the rationality of the suicide instead of on whether it is a (...) mistake may lead to permitting suicides that should be forbidden. (shrink)

In this paper, I argue that Hume’s account of moral judgment is best understood if it is read in light of Hume’s explanatory project. I first lay out the textual support to show that Hume’s account of justice in the Treatise includes both approval of a motive that gives rise to the virtue of justice, and approval of a system of conduct, irrespective of a motive. I then argue that we can allow for such plurality in Hume’s theory of moral (...) judgment if we view it in light of his explanatory project: finding unifying causes for disparate phenomena. Hume offers a unified theory of moral judgment because he can show that the different approvals are explained by the same causes. Finally, I argue that viewing Hume’s account of moral judgment in light of his explanatory project allows us to appreciate a further distinction between the moral judgment of the natural and the artificial virtues: while judgments of the former are fully explained by the causes of a certain motive, the latter are only fully explained by the causes of the motive in the context of a convention, which in turn is partially constituted by non-approved motives. (shrink)

Most commentators fi nd Eriugena’s On the Division of Nature to be a variation on the theme of emanation, which flows from the One and back to it, bypassing concrete reality. My intention is to highlight the Christian traits of the four divisions of nature as the spiritual itinerary destined to lay bare the ontology of Augustine’s saeculum. Following Augustine, Eriguena identifies true philosophy with true religion. The central value of concrete reality, the third division of nature, is rooted in (...) the mystery of the Incarnation. Reason’s conclusions and rules of true religion prepare man to envisage the aporia of freedom of will as the euporia revealed by grace. (shrink)

Thomas d'Aquin a lu attentivement Maïmonide, il a recouru à lui pour préciser sa pensée sur les rapports entre la créature et Dieu. Sur certains points - les attributs divins, la Providence et la prophétie - il arrive à Thomas d'Aquin de critiquer, voire de refuser des positions de Maïmonide.

Should property owners have a unique right to express their opinion just because they own property? While current law recognizes owners’ rights to express their voices in certain instances, it does not provide comprehensive and coherent answers to this question. This article provides an analytical framework for recognizing the owners’ right to voice as an independent property entitlement within the owners’ property bundle of rights and delineates its boundaries. Yet even when the owners’ voice is property-dependent, there is a difference (...) between voice that facilitates the realization of another property entitlement (such as the right to exclude, use, or trade) and voice that is constitutive to ownership in and of itself. Only the latter instances justify recognition of the owners’ right to a voice as an independent property entitlement. By examining different branches of both tangible and intellectual property law, such as inheritance law, eminent domain, homeowners’ association law, zoning law, and copyright law, this article demonstrates the usefulness of the proposed analytical framework in explaining certain parts of the current law and suggests modifications of other parts. (shrink)

This paper reviews and synthesizes emerging multi-disciplinary evidence toward understanding the development of social and political organization in the Last Glacial. Evidence for the prevalence and scope of political egalitarianism is reviewed and the biological, social, and environmental influences on this mode of human organization are further explored. Viewing social and political organization in the Last Glacial in a much wider, multi-disciplinary context provides the footing for coherent theory building and hypothesis testing by which to further explore human political systems. (...) We aim to overcome the claim that our ancestors’ form of social organization is untestable, as well as counter a degree of exaggeration regarding possibilities for sedentism, population densities, and hierarchical structures prior to the Holocene with crucial advances from disparate disciplines. (shrink)

Epistemologists have posed the following puzzle, known as the proof paradox: Why is it intuitively problematic for juries to convict on the basis of statistical evidence and yet intuitively unproblematic for juries to convict on the basis of far less reliable, non-statistical evidence? To answer this question, theorists have explained the exclusion of statistical evidence by arguing that legal proof requires certain epistemic features. In this paper, I make two contributions to the debate. First, I establish the Criminal Verdict Asymmetry, (...) a previously-unarticulated asymmetry between the epistemic norms of guilty and not guilty verdicts. I argue that the prosecution and defense’s different epistemic burdens influence whether statistical evidence can generate the type of verdict each side pursues. Second, I point out a mistake in how theorists have understood the role of statistical evidence in criminal trials. Though epistemologists have primarily focused on whether statistical evidence can generate specific epistemic features required for convictions, I consider whether statistical evidence can demonstrate a lack of such features. I find that there are epistemic advantages to allowing the defense to introduce statistical evidence which can reveal the prosecution’s failure to prove the defendant’s guilt. (shrink)

Speakers frequently produce elaborate hand movements during talk that have been shown to serve a communicative function. Nevertheless, two-thirds of the semantic content of these hand movements is encoded linguistically elsewhere in the discourse . The present experiment demonstrated that while 62.9% of semantic information in gesture was elsewhere, most gestures retained at least one semantic feature that was never represented linguistically. Semantic features were more explicit when they occurred in gesture than when represented linguistically. Even in cases where the (...) imagistic gesture appeared somewhat redundant, gesture at the narrative level preserves a discernable communicative function. (shrink)

I am a behavioral economist, who is interested in both behavioral sciences and economic behavior. By the term “economic behavior” I refer to the calculative reasoned domain of economic analysis, whereas by “behavioral economics” I address aspects of human feelings, emotions and everything that is not captured by the “rational” paradigm. Evidently, erroneous calculations, as well as unhinged sentiments lead to economic losses, and every change in the economics of the world has both calculative and behavioral sides to it. In (...) what follows, we examine these two sides of behavior in relation to the COVID-19 pandemic by drawing on contemporaneous data, forecasts, and images. Each side of behavior reveals distinctive insights, and intriguingly, not all outcomes count as loss. As we face this crisis, there is a clear environmental gain that we would be smart to preserve post pandemic. (shrink)

The article offers a new reading of the home ownership-mortgage relationship in Israel. It points at the duality characterizing Israeli law regarding home ownership and its protection. While home ownership is a cherished social value, there is a reluctance to provide it with sufficient protection. The significant implications of repossession in the personal, social, and economic realms call for new thinking concerning the assurance of sustainable housing. Current protection laws focus mostly on ex post solutions, aimed at alleviating the plight (...) of the defaulting mortgagor. The article emphasizes the need for ex ante policies, introducing innovative mechanisms in home purchasing. (shrink)

The fans of a football club constitute a community. This community of fans is a constitutive attribute of the club. It is part of the meaning of the football club as a resource. However, besides the cases of football clubs that are organized as members’ associations, the fans rarely have a meaningful say in the running of the club. As the history of modern football proves, the interests of the fans in the club and in the continuance of their community (...) often come under threat. Introducing the concept of "property as belonging," this Article aims at explaining why the interests of the community of fans merit protection through the recognition of the fans’ property interest in the club. The Article analyzes various existing ways of ensuring fans a formal voice in their club, and suggests a new structure of governance of football clubs, one that conceptualizes the fans as the social or moral owners of the club and accords them special decision-making power regarding those incidents that bear a high level of risk to their community. Along with members’-association clubs, this new property institution of the football club will adhere to the idea promoted in this Article, according to which the fans belong to the club and to their community, and the club, al least in part, belongs to them. (shrink)

Doron Navot | : According to recent conceptual proposals, institutional corruption should be understood within the boundaries of the institution and its purpose. Political corruption in democracies, prominent scholars suggest, is characterized by the violation of institutional ideals or behaviors that tend to harm democratic processes and institutions. This paper rejects the idea that compromises, preferences, political agreements, or consent can be the baseline of conceptualization of political corruption. In order to improve the identification of abuse of power, the (...) concept of political corruption should not be related directly to democratic institutions and processes; rather, it should be related to ideals whose content is independent of citizens’ preferences, institutions and processes. More specifically, I articulate the relations between political corruption and the notion of subjection, and include powerful citizens in the category of political corruption. Yet, I also suggest redefining under what conditions agents are culpable for their motivations in promoting private gain. By doing this, we better realize how democratic institutions can be the source of corruption and not just its victims. Such a redefinition, I propose finally, is the basis for the distinction between individual and institutional corruption. | : Selon les propositions conceptuelles récentes, la corruption institutionnelle doit être comprise dans les limites de l’institution et de ses objectifs. D’éminents spécialistes suggèrent que la corruption politique dans les démocraties est caractérisée par la violation des idéaux ou comportements institutionnels, ce qui tend à nuire aux processus et institutions démocratiques. Cet article rejette l’idée que les compromis, les préférences, les ententes politiques ou le consentement peuvent constituer le fondement de la conceptualisation de la corruption politique. Afin d’améliorer l’identification des abus de pouvoir, le concept de corruption politique ne doit pas être relié directement aux institutions et processus démocratiques; il doit plutôt être rattaché aux idéaux dont le contenu est indépendant des préférences des citoyens ainsi que des institutions et des processus. Plus précisément, j’exprime clairement les relations qui existent entre la corruption politique et la notion d’assujettissement et inclus les citoyens puissants dans la catégorie de la corruption politique. Cependant, je suggère également de redéfinir les conditions dans lesquelles les agents peuvent être reconnus coupables pour leur motivation à favoriser le gain privé. Ce faisant, nous réalisons mieux de quelle manière les institutions démocratiques peuvent être la source de la corruption et pas seulement ses victimes. En terminant, je propose qu’une telle redéfinition constitue le fondement de la distinction entre la corruption individuelle et institutionnelle. (shrink)

Martin Heidegger devotes extensive discussion to medieval philosophers, particularly to their treatment of Truth and Being. On both these topics, Heidegger accuses them of forgetting the question of Being and of being responsible for subjugating truth to the modern crusade for certainty: ‘truth is denied its own mode of being’ and is subordinated ‘to an intellect that judges correctly’. Though there are some studies that discuss Heidegger’s debt to and criticism of medieval thought, particularly that of Thomas Aquinas, there is (...) no constructive reply to his assertions. As a result, Heidegger’s critique had an unprecedented effect on the credibility of medieval philosophy, whereby great portions of the philosophical community dismiss it altogether as an illegitimate Onto‐Theology. It is the aim of this study to offer a constructive reply that will fundamentally grapple with these allegations. By constructive reply we mean not only a reply that avoids the problems Heidegger raises regarding existence, essence and truth, but more importantly, one that uses Heidegger’s criticism in order to present a more insightful account of these notions. The present study is composed of two parts where the second serves as a sort of addendum. The first part, the core of this study, is an attempt to develop an understanding of the distinction between essence and existence that, on the one hand, accords with Heidegger’s criticism while on the other hand advances our understanding of how we think and understand reality. After presenting Heidegger’s depiction of Aquinas’s distinction between essence and existence (esse) as a real distinction, the study will present several views propounded by scholars of Aquinas regarding the status of this distinction. It will be argued that it is not clear whether the distinction is real, formal or conceptual, and that different types of distinction are applied in different places, particularly in regard to the phantasm that Aquinas considers essential to the human act of thinking. The second part diverges from the first part and focuses on Heidegger’s criticism of Aquinas’s conception of truth as adequation, i.e., what it is that grounds the possibility of truth as adequation. This divergence is necessary in order to present a full metaphysical response to Heidegger’s criticism. Since the aim of the present study is to argue that Aquinas’s philosophical system can contend with Heidegger’s criticism, a partial reply would greatly diminish its effectiveness. (shrink)

This paper depicts the meanings of human dignity as they unfold and evolve in the Bible and the Halakhah. I posit that three distinct features of a Jewish conception of human dignity can be identified in contrast to core characteristics of a liberal conception of human dignity. First, the original source of human dignity is not intrinsic to the human being but extrinsic, namely in God. Second, it is argued that the “dignity of the people” has precedence over personal autonomy (...) and liberty, which are core liberal pillars. The third characteristic pertains to the potential conflict between personal autonomy and liberty, and God's commandments. The theoretical analysis of human dignity is then examined in light of several Supreme Court decisions in Israel during the 1990s. I illustrate that Jewish religious and secular-liberal conceptions pull in different directions in the rulings of liberal and religious Justices in Israel. (shrink)

ABSTRACT It is fruitless to interpret Constant's modern liberty from the binary perspective of either the negative/positive freedom opposition or the liberal/republican freedom opposition. Both oppositional perspectives reduce the relationally complex nature of modern liberty to one or another component of the relation. Such reduction inevitably results in an incomplete and, therefore, inadequate interpretation of Constant's modern liberty. Consequently, either of these binary frames of interpretation obscures rather than illuminates the full nature of Constant's modern liberty. Boxed into their irreconcilably (...) opposed alternatives, both binary perspectives fail to appreciate that Constant's conception of modern liberty is a complex achievement irreducible without loss to either liberal negative liberty as non-interference or republican freedom as non-domination. Nor does combining liberal negative freedom and positive freedom (in the sense of ancient liberty), as Holmes well establishes, adequately tells the whole story of Constant's modern liberty. As a complex achievement, Constant's conception of modern liberty, I shall argue, blends negative freedom as associated with neo-Roman republican freedom as non-subjection to arbitrary power, negative freedom as non-interference, associated with the liberal tradition, positive freedom in the sense of inner self-development, and positive freedom as collective self-government or civic republican freedom. (shrink)

To suppose X means to pretend to change one's belief for the sake of the argument to include X. How to do so is a decision problem: of the many ways to modify one's beliefs to include X, one should choose the one that best fits with one's epistemic goals. I examine the role of suppositional reasoning in the evaluation of purported scientific explanations of various sorts, based on Hempel and Oppenheim's deductive-nomological and inductive-statistical explanations. First, I present for each (...) type of explanation the suppositional reasoning conditions it must satisfy. For example, the dipping of blue litmus paper in acid explains why it turned red only if, when one supposes that the litmus paper was not dipped in acid, one must also give up the belief that it turned red. Second, I argue that a specific decision making method should be used to determine how one is to change one's beliefs for the sake of the argument in each case. Third, I evaluate in detail whether purported explanations, both intuitively explanatory and intuitively non-explanatory satisfy these conditions. Fourth, I show that the suppositional reasoning conditions for explanations, when evaluated correctly, systematically solve the many counterexamples to the original Hempel-Oppenheim model. (shrink)

Is the Idealist conception of positive freedom doomed as politically dangerous? Decidedly yes, Berlin famously argues. The danger lies with manipulating positive freedom into a political tool of tyranny, coercing individuals to be free. The vehicle of manipulation is a conception of a divided self that underpins positive freedom. For, Berlin argues, conceptions of freedom derive directly from views of what constitutes a self. He cites the British Idealists as evidence for his criticism. The case for Green’s immunity to Berlin’s (...) criticism is now well established. Bosanquet, in particular, however, is a sitting duck to Berlin’s fire. Berlin’s fire, however, misses its target. Not only is Bosanquet immune to Berlin’s criticism, but Berlin’s criticism obscures the extent to which Bosanquet shares Berlin’s worry about the danger of concentrated political power. Moreover, Bosanquet institutionalizes positive freedom into a bulwark against political tyranny in a fashion that Berlin’s wholesale criticism of positive freedom forecloses. Bosanquet’s true self is equipped to resist being coerced to be free. Indeed, Berlin’s divided self ill-describes Bosanquet’s conception of self which being, instead, complex/dynamic/integrated, is at once spontaneous/energetic and habitual/automatic. Moreover, whereas he recognizes with Bosanquet that positive freedom is not merely an internal condition of the true self, but takes shape in society, Berlin’s holistic interpretation of the organic metaphor of society means that he sees only the “dark” side of that connection. Consequently, he misses the affirmative link, the “bright” side, that Bosanquet, employing a relational interpretation of the organic metaphor, forges between positive freedom and social institutions. Ultimately, engaging Berlin and Bosanquet unveils the complexity of political theory. (shrink)

Name der Zeitschrift: Semiotica - Journal of the International Association for Semiotic Studies / Revue de l'Association Internationale de Sémiotique Jahrgang: 2013 Heft: 197 Seiten: 171-201.

Desire for flexibility suggests that the value of a choice-menu should increase with the number of options included. Complexity-aversion on the other hand may imply that the value of a menu decreases with its cardinality. We present the results of an experiment where 5 groups of subjects were asked to evaluate saving plans that let the investor choose between alternative indexing-schemes before the saving period ends. The complexity of the different plans was manipulated in two ways: (1) increasing the number (...) of indexing options; (2) reducing the quality of information upon which the choice between different indices is made. We show that an increase in the number of indexing-options produces a negative complexity effect when the quality of information is high. The same change however results in a positive flexibility effect when the quality of information is low. More generally our results suggest a `negative cross interaction of complexity effects' and that the impact of complexity is marginally decreasing. We discuss possible cognitive explanations to the observed evaluation-patterns. (shrink)

This Article presents a theory whereby criminal punishments are routinely distributed in proportion to the weight of the evidence mounted against the defendant. According to this theory, the law relaxes the stringent decision threshold in criminal trials—beyond a reasonable doubt—by creating easy-to-prove evidentiary offenses. These offenses, in turn, are associated with less severe sanctions, thus creating a de-facto proportional liability regime. Against that backdrop, the Article examines the legal duty to report criminal activity to the authorities. As the analysis shows, (...) while legal scholars analyzing such duties have focused on the paradigmatic case in which an innocent bystander, friend or family member is unwittingly exposed to information about a crime, in practice these duties are rarely used in such cases. Rather, reporting duties are used to prosecute suspected accomplices whose involvement in the commission of the actual crime is difficult to prove beyond a reasonable doubt. Thus, offenses imposing a reporting duty on criminal activity turn out to be part of the general framework of accomplice liability, and are used to apply less severe sanctions in cases of evidentiary uncertainty. (shrink)

"Avital Ronell's work studies the fading empire of cognition, modulating stupidity into idiocy, puerility, and the figure of the ridiculous philosopher instituted by Kant. Investigating ignorance, dumbfoundedness, and the limits of reason, Stupidity probes the pervasive practice of theory-bashing and related forms of paranoid aggression. A section on prolonged and debilitating illness pushes the text to an edge of a corporeal hermeneutics, "at the limits of what the body knows and tells.""--BOOK JACKET.