Traditional state v. state war is largely a relic. How then does a nation-state protect itself - preemptively - against the unseen enemy? Existing international law - the Caroline Doctrine, UN Charter Article 51, Security Council Resolutions 1368 and 1373 - do not provide sufficiently clear guidelines regarding when a state may take preemptive or anticipatory action against a non-state actor. This article proposes rearticulating international law to allow a state to act earlier provided sufficient intelligence is available. After examining (...) international law, this article proposes a process-based "strict-scrutiny" approach to self-defense. Under this approach, the executive will have to convince a court, based on relevant, reliable, viable, and corroborated intelligence, that preemptive action is appropriate. This process leads to a check on the power o the executive by placing a judicial check on preemptive action, consequently establishing objective legal criteria for operational counterterrorism. Muge Kinacioglu, Department of International Relations, Bilkent, University, Turkey, wrote a response to my article titled, "A Response to Amos Guiora: Reassessing the Parameters of the Use of Force in the Age of Terrorism: Pre-emptive Action and International Law." Tarcisio Gazzini, Faculty of Law, VU University, Amsterdam, also wrote a response titled, "A Response ot Amos Guiora's Article on Pre-Emptive Self-Defence Against Non-State Actors.". (shrink)

Despite the fact that six years have passed since 9/11, the Pentagon's recent decision to try six Guantanamo detainees for capital crimes such as terrorism and support of terrorism made national headlines. William Glaberson, "U.S. Charges 6 With Key Roles in 9/11 Attacks", N.Y. Times, Feb. 11, 2008, at A1. In this Debate, Professors Amos N. Guiora, of the University of Utah, and John T. Parry, of Lewis & Clark Law School, attempt to settle the question of what (...) sort of forum is most appropriate to try the thousands of individuals in U.S. custody who are suspected of terrorism. Professor Guiora considers three forum options: treaty-based international terror courts, traditional Article III courts, and a hybrid option he calls domestic terror courts. Ultimately, Professor Guiora argues in favor of domestic terror courts, which he describes as being able to balance the legitimate rights of the individual with the equally legitimate national security rights of the state. He considers this option to be the most practical and expedient policy solution, necessitated by an untenable tension between the understanding that some of the detainees present a genuine threat to American national security, and an awareness that indefinite detention violates constitutional principles and fundamental concepts of morality. Professor Parry agrees that current U.S. policy toward detainees has been misguided, but does not believe that innovations of the sort proposed by Professor Guiora are necessary. Rather, he suggests that policymakers should choose Article III courts rather than hybrid courts for trials of suspected terrorists, with military courts as a fallback option. Professor Parry points to research that shows that the federal government is often able to prosecute suspected terrorists in federal court, and therefore considers alternative proposals to Article III courts to be solution[s] in search of a problem. Professor Parry realizes that trial in federal court will not be possible for every suspected terrorist, and concludes that, [f]or people who pose a risk but whose conduct may not violate federal criminal law, prolonged preventive detention is the best choice. (shrink)

In his thought-provoking, carefully crafted, and impressively researched article, Don Scheid makes a compelling argument for an indefinite detention paradigm for “mega-terrorists.” Scheid's proposa...

This essay expounds on Raphael Cohen-Almagor’s recent book, Confronting the Internet’s Dark Side, Moral and Social Responsibility on the Free Highway, and advocates placing narrow limitations on hate speech posted to social media websites. The Internet is a limitless platform for information and data sharing. It is, in addition, however, a low-cost, high-speed dissemination mechanism that facilitates the spreading of hate speech including violent and virtual threats. Indictment and prosecution for social media posts that transgress from opinion to inciteful hate (...) speech are appropriate in limited circumstances. This article uses various real-world examples to explore when limitations on Internet-based hate speech are appropriate. In October 2015, twenty thousand Israelis joined a civil lawsuit filed against Facebook in the Supreme Court for the State of New York. Led by the civil rights organization, Shurat HaDin, the suit alleges Facebook allows Palestinian extremists to openly recruit and train terrorists to plan violent attacks calling for the murder of Israeli Jews through their Facebook pages. The suit raises important questions, amongst them: When should the government initiate similar suits to impose criminal sanctions for targeted hate speech posted to Facebook? What constitute effective restrictions on social media that also balance society’s need for robust dialogue and free communication, subject to limitations reflecting a need for order and respect among people? Our essay progresses in four stages. First, we examine philosophical origins of free speech and the historical foundations of free speech in the United States. Second, we provide an overview of American free speech jurisprudence. Third, we address particular jurisprudence that provides a framework for imposing limitations on free speech in the context of social media. American history and jurisprudence embrace free speech as a grounding principle of democracy, yet simultaneously subject speech to limitations. Finally, through a comparative exploration of real-world examples, we address the narrow instance when limitations on inciteful and targeted hate speech are appropriate. (shrink)

This essay expounds on Raphael Cohen-Almagor’s recent book, Confronting the Internet’s Dark Side, Moral and Social Responsibility on the Free Highway, and advocates placing narrow limitations on hate speech posted to social media websites. The Internet is a limitless platform for information and data sharing. It is, in addition, however, a low-cost, high-speed dissemination mechanism that facilitates the spreading of hate speech including violent and virtual threats. Indictment and prosecution for social media posts that transgress from opinion to inciteful hate (...) speech are appropriate in limited circumstances. This article uses various real-world examples to explore when limitations on Internet-based hate speech are appropriate. In October 2015, twenty thousand Israelis joined a civil lawsuit filed against Facebook in the Supreme Court for the State of New York. Led by the civil rights organization, Shurat HaDin, the suit alleges Facebook allows Palestinian extremists to openly recruit and train terrorists to plan violent attacks calling for the murder of Israeli Jews through their Facebook pages. The suit raises important questions, amongst them: When should the government initiate similar suits to impose criminal sanctions for targeted hate speech posted to Facebook? What constitute effective restrictions on social media that also balance society’s need for robust dialogue and free communication, subject to limitations reflecting a need for order and respect among people? Our essay progresses in four stages. First, we examine philosophical origins of free speech and the historical foundations of free speech in the United States. Second, we provide an overview of American free speech jurisprudence. Third, we address particular jurisprudence that provides a framework for imposing limitations on free speech in the context of social media. American history and jurisprudence embrace free speech as a grounding principle of democracy, yet simultaneously subject speech to limitations. Finally, through a comparative exploration of real-world examples, we address the narrow instance when limitations on inciteful and targeted hate speech are appropriate. (shrink)

This article described three heuristics that are employed in making judgements under uncertainty: representativeness, which is usually employed when people are asked to judge the probability that an object or event A belongs to class or process B; availability of instances or scenarios, which is often employed when people are asked to assess the frequency of a class or the plausibility of a particular development; and adjustment from an anchor, which is usually employed in numerical prediction when a relevant value (...) is available. These heuristics are highly economical and usually effective, but they lead to systematic and predictable errors. A better understanding of these heuristics and of the biases to which they lead could improve judgements and decisions in situations of uncertainty. (shrink)

Building Cosmopolitan Communities contributes to current cosmopolitanism debates by evaluating the justification and application of norms and human rights in different communitarian settings in order to achieve cosmopolitan ideals. Relying on a critical tradition that spans from Kant to contemporary discourse philosophy, Nascimento proposes the concept of a "multidimensional discourse community." The multidimensional model is applied and tested in various dialogues, resulting in a new cosmopolitan ideal based on a contemporary discursive paradigm. As the first scholarly text to provide an (...) interdisciplinary survey of the theories and discourses on human rights and cosmopolitanism, Building Cosmopolitan Communities is a valuable resource to scholars of philosophy, political science, social theory, and globalization studies. (shrink)

This book offers a fresh account of one of the remarkable figures in the Renaissance, Giovanni Pico della Mirandola (1463-1494), by focusing on a neglected aspect of his work; his reading of scholasticism and its reception in the fifteenth century.

In Auch eine Geschichte der Philosophie (Also a History of Philosophy), Jürgen Habermas weaves together various themes such as faith and knowledge, history and theology, naturalism and epistemic justification, learning processes and moral development as well as multiculturalism and deliberative democracy in a transnational public sphere. This article argues that to articulate these multiple elements, Habermas adopts a robust framework built upon four conceptual pillars that can be clearly identified: postmetaphysical, postconventional, postnational, and postsecular. This “conceptual plurality” underlies his genealogy (...) of the centuries-long tension and mutual learning between religious faith and scientific knowledge in the Western philosophical tradition. By considering the interplay of these concepts, it is possible to understand the several ways in which religion emerges in contemporary society and the equally multiple strategies Habermas uses to interpret religion throughout his career, which are masterfully reconsidered and articulated in his opus magnum on religion. (shrink)

This pioneering work in the history of science, which originated in a series of three Gauss Seminars given at Princeton University in 1984, demonstrated how the roots of the scientific revolution lay in medieval scholasticism.

The book shows that discourse and community are central issues for communitarianism, feminism, postmodernism and liberation ethics, and reveals how plurality and multiculturalism have become a matter for critical philosophy.

Plato’s dialogues, the Symposium, and Phaedrus, provide a reasonable explanation of love. G. Vlastos and M. Nussbaum do not share such an opinion. The former contends that Plato’s view of love is about loving only a person’s beauty, but not the entire person; thus, it falls short of an appropriate explanation of love. The latter holds that a theory of love should be complete, and that Plato’s one is incomplete on the grounds that it does not account for personal love. (...) These criticisms will be re-evaluated in light of the duality of love as well as participants’ views in the Symposium; a re-assessment will weaken the mentioned objections. This paper contends that from the Symposium and Phaedrus, one can have a fruitful understanding of being in love, being out of love, falling in love, loving for its own sake and being erotically in love. In order to account for these related issues of love it is important to consider Plato’s works in terms of his “official” and “unofficial” views. The former is construed as the doctrine of the lover or loving for its own sake: this is associates with Diotima’s views which are repeated by Socrates. With reference to the latter, it is possible to explain what personal love or being in love, being out of love, falling in love, and being erotically in love involve. Erotic love will be interpreted as an extension of our philosophical conception of love, related to views of love that are mentioned in the Symposium other than Socrates’ report of Diotima’s conceptions. This paper is divided into two parts: the first one will show views of love in the Symposium. That is, being in love, being out of love, falling in love and loving for its own sake will be discussed. In addition, the forementioned criticisms will be re-evaluated. In the second section, we will show that Aristophanes’ speech expresses erotic love, and then Kant’s objections will be explained and discussed. (shrink)

Though we have access to a wealth of information, the main issue is always how to process the available information. How to make sense of all we observe and know. Just like the English alphabet: we know there are 26 letters but unless we put these letters together in a meaningful way, they convey no information. There are infinitely many ways of putting these letters together. Only a small number of those make sense. Only some of those convey exactly what (...) we wish to convey though the message may be interpreted differently by different individuals. That same issue comes up with information: how can we process the information we have? How can we infer and reason under conditions of incomplete observed information? In his seminal book on the philosophy of information, Floridi (2011a) raises a number of open questions. I discuss here one of these questions. That question is how to process information. To do so, I take the more realistic view that information is always limited, incomplete and possibly noisy. I define types of information, relate it to Floridi’s definitions and discuss a basic formulation for processing information under a unified framework. I relate it to some of the basic concepts discussed in the book. (shrink)

El presente trabajo pretende ser una reflexión teórica sobre las rupturas y nuevas articulaciones de las formas de movilización política en el periodo postcrisis. Proponemos que en la década de 2010, catalizadas por las tecnologías digitales, cristalizan tres grandes rupturas: socioeconómicas, en las que la precarización de las condiciones laborales y vitales supone la reemergencia de una crítica social material; temporales, en las que la dinámica aceleradora del capitalismo tardío intensifica la primacía del corto plazo; y socioculturales, en las que (...) la fragmentación se traduce en una sensación de inseguridad e incertidumbre. Todo ello deriva en una transformación en las formas de movilización, que tienden hacia una acción colectiva efímera, espasmódica. Esta puede dar pie al surgimiento del gran evento, donde lo primordial es juntar físicamente a personas y recuperar el sentido de comunidad. (shrink)

Minors with attention-deficit-hyperactivity disorders are liable to use pharmacological treatment against their will and may find their authentic “I” modified. Thus, their use is widely criticized. In this study, the effect of ADHD drugs on adolescents’ personal experience is examined. The goal is to understand how psychological changes that young people experience when they take these medications interrelate with their attitude toward being medicated. Methylphenidate is the most common pharmacological treatment for ADHD. We look into the change that Israeli adolescents (...) undergo when they use it; their experience in controlling the change, and their assessment of the meaning of the change for their lives. Thirty-eight adolescents participated in semi-structured interviews. The findings, analyzed using grounded theory, show that methylphenidate affects the participants’ demeanor, mood, and even preferences. The participants, aware of these effects, apply discretion in taking methylphenidate and thus influence their traits and their willingness to engage in various activities. When needing to prepare for a matriculation exam, for example, they take methylphenidate; when they need to be creative or sociable, they avoid it and enjoy what they consider the advantages of ADHD, such as creativity and spontaneity. As discretionary users, they shape their life stories in a way that makes them more meaningful and diverse, better tailored to their social surroundings, and more useful in maintaining personal autonomy in the course of pharmacological treatment of ADHD. (shrink)

Moral distress has been well reviewed in the literature with established deleterious side effects for all healthcare professionals, including nurses, physicians, and others. Yet, little is known about the quality and effectiveness of interventions directed to address moral distress. The aim of this integrative review is to analyze published intervention studies to determine their efficacy and applicability across hospital settings. Of the initial 1373 articles discovered in October 2020, 18 were appraised as relevant, with 1 study added by hand search (...) and 2 after a repeated search was completed in January and then in May of 2021, for a total of 22 reviewed articles. This review revealed data mostly from nurses, with some studies making efforts to include other healthcare professions who have experienced moral distress. Education-based interventions showed the most success, though many reported limited power and few revealed statistically lowered moral distress post intervention. This may point to the difficulty in adequately addressing moral distress in real time without adequate support systems. Ultimately, these studies suggest potential frameworks which, when bolstered by organization-wide support, may aid in moral distress interventions making a measurable impact. (shrink)

"Perceptions of Jewish History scintillates with original ideas and insights. It will appeal to a broad audience." --Michael A. Signer, University of Notre Dame "Students of the Jewish past will welcome this volume; it will also attract readers with the widest possible range of interests." --Robert Chazan, New York University.

Research misconduct remains an important problem in health research despite decades of local, national, regional, and international efforts to eliminate it. The ultimate goal of every health research project, irrespective of setting, is to produce trustworthy findings to address local as well as global health issues. To be able to lead or participate meaningfully in international research collaborations, individual and institutional capacities for research integrity are paramount. Accordingly, this paper concerns itself not only with individuals’ research skills but also with (...) institutional and national policies and governance. Such policies and governance provide an ethical scaffold for the production of knowledge and structure incentives. This paper’s operational definition of research therefore draws from Institute of Medicine’s articulation of health research as an inquiry that aims to produce knowledge about the structure, processes, or effects of personal health services; and from an existing health systems framework. The paper reviews the research regulatory environment and the ethics apparatus in Ghana, and describes a project jointly undertaken by Ghanaian researchers in collaboration with New York University to assess the perceived adequacy of current institutional practices, opportunities, and incentives for promoting RI. (shrink)

In his recent Ars Disputandi article, ‘Some Difficulties for Amos Yong’s Disability Theology of the Resurrection,’ Ryan Mullins argues that Yong’s proposals are fundamentally misguided by Stanley Hauerwas’ dictum – which states that to ‘eliminate the disability means to eliminate the subject’ – and that therefore Yong’s disability theology of the resurrection body encounters potentially insuperable difficulties or is not sufficiently justified in the face of more traditional accounts. In response to Mullins’ criticisms, clarifications are offered with regard to (...) both the role of Hauerwas’ notion in Yong’s theology and the theological basis for claims regarding the persistence of the marks of impairment in the resurrection body. (shrink)

In his recent Ars Disputandi article, ‘Some Difficulties for Amos Yong’s Disability Theology of the Resurrection,’ Ryan Mullins argues that Yong’s proposals are fundamentally misguided by Stanley Hauerwas’ dictum – which states that to ‘eliminate the disability means to eliminate the subject’ – and that therefore Yong’s disability theology of the resurrection body encounters potentially insuperable difficulties or is not sufficiently justified in the face of more traditional accounts. In response to Mullins’ criticisms, clarifications are offered with regard to (...) both the role of Hauerwas’ notion in Yong’s theology and the theological basis for claims regarding the persistence of the marks of impairment in the resurrection body. (shrink)

This paper presents a new challenge for libertarianism. The problem, in a nutshell, is that libertarianism appears to self-destruct in cases where conjoined twins—who share body parts—disagree over what to do with them. The problem is explored, and some solutions are proposed. The verdict is that accepting any of them will make libertarianism harder to defend.

This book presents the definitive exposition of 'prospect theory', a compelling alternative to the classical utility theory of choice. Building on the 1982 volume, Judgement Under Uncertainty, this book brings together seminal papers on prospect theory from economists, decision theorists, and psychologists, including the work of the late Amos Tversky, whose contributions are collected here for the first time. While remaining within a rational choice framework, prospect theory delivers more accurate, empirically verified predictions in key test cases, as well (...) as helping to explain many complex, real-world puzzles. In this volume, it is brought to bear on phenomena as diverse as the principles of legal compensation, the equity premium puzzle in financial markets, and the number of hours that New York cab drivers choose to drive on rainy days. Theoretically elegant and empirically robust, this volume shows how prospect theory has matured into a new science of decision making. (shrink)

Info-metrics is a framework for rational inference based on insufficient information. The complete info-metric framework, accompanied with many interdisciplinary examples and case studies, as well as graphical representations of the theory appear in the new book “Foundations of Info-Metrics: Modeling, Inference and Imperfect Information,” Oxford University Press, 2018. In this commentary, I describe that framework in general terms, demonstrate some of the ideas via simple examples, and provide arguments for using it to transform information into useful knowledge.