The Jehovah’s Witnesses cases of the late 1930s and early 1940s presented some of the first instances of American Supreme Court’s attempts to grapple with the challenges of a multicultural society. Taken as a whole, these cases represented a favorable position towards minorities’ claims, even to some extent a path breaking one. The Jehovah’s Witnesses cases were a precursor of the Court’s growing involvement in the protection of minorities’ rights, which colored the entire second half of the 20th century. They (...) further introduced a new language, and new judicial forms into constitutional jurisprudence—the language of balancing and balancing tests. In all these aspects the Jehovah’s Witnesses cases seem to have shown the early sings of multicultural ideology in Supreme Court jurisprudence. However, not all Jehovah’s Witnesses cases showed the same kind of judicial willingness to protect minorities’ interests from the will of the majority, and not all involved the new judicial rhetoric of balancing. What explains these different judicial responses in cases which are similar in their facts and close to each other in time? In this Article I will attempt to distinguish between three types of Jehovah’s Witnesses cases and argue that the different judicial responses in each of them indicates a different structure of the multicultural conflict, and a different structure of the multicultural claims in each of them. (shrink)

The Israeli Supreme Court has become increasingly polarized between liberal and conservative judges. This phenomenon is relatively new to the Israeli Supreme Court and follows the much older and more well-known example of the U.S. Supreme Court. This article surveys both U.S. and Israeli court polarization and shows the history, reasons, and special features of polarization of both courts, including the important differences between them. It also adds a distinction to existing literature on court polarization—the distinction between court polarization and (...) politicization, and especially the distinction between “regular” polarization and “one-side” polarization. Regular court polarization happens when the court is divided roughly equally between the two main political contenders. One-side polarization happens when there is a clear advantage to one side of the political map in the make-up of the court. The current U.S. Supreme Court, with six conservative justices and only three liberal justices, is an example of one-side court polarization that is tilted to the right. The current Israeli Supreme Court is an example for one-side court polarization tilted to the left; there are 10 liberal judges and only five conservative judges on the court. The article’s main argument is that one-side court polarization presents a particularly vexing problem for the legitimacy of the court, even more so than “regular” polarization. The article concludes with a survey of possible solutions to help Israel retract itself from one-side court polarization. (shrink)

Journal Name: The Law & Ethics of Human Rights Issue: Ahead of print.

In _Abductive Analysis_, Iddo Tavory and Stefan Timmermans provide a new navigational map for constructing empirically based generalizations in qualitative research. They outline an accessible way to think about observations, methods, and theories that nurtures theory-formation without locking it into predefined conceptual boxes. The authors view research as continually moving back and forth between a set of observations and theoretical generalizations. To craft theory is to then pitch one’s observations in relation to other potential cases, both within and without (...) one’s field. The book provides novel ways to approach the challenges that plague qualitative researchers across the social sciences—how to think about the relation between methods and theories, how to conceptualize causality, how to construct axes of variation, and how to leverage the researcher’s community of inquiry. _Abductive Analysis_ is a landmark work that shows how a pragmatist approach provides a more productive and fruitful way to conduct qualitative research. (shrink)

Micro-sociological theory has traditionally stressed interactional pressures towards alignment: actors’ attempts to co-construct a shared definition of the situation. We argue that this model provides an insufficient account of the coordination of action and of the emergence of intersubjectivity among actors. To complement the focus on alignment, we develop a theory of disruption—a perceived misalignment of the dramaturgical structure of interaction in coordinating expected lines of action. We develop a theory of the interaction order that takes the interplay between interactional (...) alignment and disruption as a foundational challenge both for sociology and for actors in their everyday lives. We focus on the practical ways in which actors negotiate both interactional breaches and wider relational ruptures, and how they differentiate between disruptions-of relations and disruptions-for them. By doing so, we connect the interaction order to a wider relational order, providing a bridge between micro-level interactionism and the sociology of culture. (shrink)

Is life meaningless? Does life have enough meaning to make it feel worthwhile? If we think our lives lack meaning, what can we do about it? Finding Meaning in an Imperfect World answers these and other difficult questions, while confronting head-on famous, recurrent theories that insist on life's meaninglessness. Landau shows us how to single out what is meaningful, explains why we sometimes fail to recognize meaning, and suggests ways in which we can resensitize ourselves to it.

The article presents a social phenomenology of naturalism. Starting from Stefan Bargheer’s Moral entanglements (2018), it argues that to understand the transformations of naturalist practices, we have to focus both on the shifting typifications of activity and their organizational moorings, but also on the experiential affordances of practice. Drawing on the work of Schutz and Merleau-Ponty, I focus on the transformation of animals from background into figure, the peculiar province of meaning that naturalist practice entails, as well as the experience (...) of “play” that Bargheer highlights. Doing so, I argue that the affordances of experience are a constitutive aspect of any historical account of practice: that a phenomenological approach is crucial not only for the micro-sociology of interaction and experience, but for understanding larger historical processes and transformations. (shrink)

This article develops the concept of experiential careers, drawing theoretical attention to the routinization and de-routinization of specific experiences as they unfold over social career trajectories. Based on interviews and ethnographic fieldwork in two religious communities, we compare the social-temporal patterning of religious experience among newly religious Orthodox Jews and converted Muslims in two cities in the United States. In both cases, we find that as newly religious people work to transform their previous bodily habits and take on newly prescribed (...) religious acts, the beginning of their religious careers becomes marked by what practitioners describe as potent religious experiences in situations of religious practice. However, over time, these once novel practices become routinized and religious experiences in these situations diminish, thus provoking actors and institutions in both fields to work to re-enchant religious life. Through this ethnographic comparison, we demonstrate the utility of focusing on experiential careers as a sociological unit of analysis. Doing so allows sociologists to use a non-reductive phenomenological approach to chart the shifting manifestations of experiences people deeply care about, along with the patterned enchantments, disenchantments, and possible re-enchantments these social careers entail. As such, this approach contributes to the analysis of social careers and experiences of “becoming” across both religious and non-religious domains. (shrink)

We introduce a hitherto overlooked phenomenon in the cognitive and psycholinguistic study of metaphors that we termed imposed metaphoricity. We propose that a metaphorical reading can be imposed on a given expression regardless of its semantic content. We suggest that there is a class of constructions that impose metaphorical interpretation. We present findings from three experiments and from corpus-based analyses that support our proposal. Experiments 1–2 compared interpretations of expressions that can have both a literal and a metaphorical meaning when (...) embedded in a standard metaphorical form and in a form that imposes metaphoricity. In Experiment 3 we examine reaction time to such forms in an attempt to identify interference of form with early metaphorical processing. Two corpus-based analyses characterize the use of these two metaphorical constructions in natural language. We discuss the independence of metaphoricity from semantics, as demonstrated by forms that impose metaphorical interpretations. (shrink)

In his “Reply to Iddo Landau,” Edmund Wall responds to the author’s critique of some of the views expressed in his “Sexual Harassment and Wrongful Communication.” The present article concentrates on what the author takes to be the main problem in Wall’s definition: by requiring that any act, even if intentional and cruel in nature, needs to be repeated to count as sexual harassment, Wall allows too much leeway and renders permissible a wide range of intentional, mean, and harmful (...) actions that most, including, the author believes, Wall himself, would like to outlaw. The article considers Wall’s linguistic and nonlinguistic responses to this critique and finds them problematic. (shrink)

Holtby, Allen and Fairchild are both recent and revolutionary decisions that address an important aspect of the indeterminate causation problem that frequently arises in tort litigation. In Holtby and Allen, the Court of Appeal departed from the traditional binary approach, under which a tort claimant either recovers compensation for his or her entire injury or is altogether denied recovery—depending on whether his or her case against the defendant is more probable than not. Holtby and Allen substituted this approach by the (...) proportionate recovery principle, under which the defendant compensates the claimant for a fraction of his or her injury that represents the defendant's statistical share in that injury. This article analyses this development within the particular domain of indeterminate causation, over which the proportionate recovery principle has been licensed to exercise control. The article claims that this development would constitute an improvement of the law from the perspectives of both optimal deterrence and corrective justice, if the courts properly formulate its scope. First, the proportionate recovery principle needs to be explicitly confined to cases that deal with recurrent wrongs. Second, determination of the defendant's share in the claimant's injury ought to be grounded on the probability of causation, rather than the risk of inflicting that injury. Third, judges must not apply unarticulated intuitions in determining the magnitude of the relevant risk or probability: their decisions in that area would be better informed by the statistical principle of ‘insufficient reason’, also known as the ‘indifference principle’. Fourth, courts are yet to relieve the doctrinal tension between the proportionate recovery principle, as recognized in Holtby and Allen, and the previous rejection of that principle by the House of Lords. Subsequently, the article analyses the House of Lords' decision in Fairchild—yet another instance of indeterminate causation in which proportionate recovery is preferable to the ‘all or nothing’ approach. In this case, the House of Lords allowed the claimants full recovery. This holding was grounded in the Law Lords' innovative approach to indeterminate causation, and the article unfolds the problematics of this approach. Finally, the article offers an adoption of yet another legal mechanism—the ‘evidential damage doctrine’—that replaces liability under uncertainty with liability for uncertainty. (shrink)

The article examines whether fulfilling one's potential and doing one's best are sufficient or necessary conditions for having a meaningful life. It concludes that they are just contributing factors and can sometimes even diminish life's meaning.

This study examined students' reasoning about simple repeated choices. Each choice involved ''betting'' on two events, differing in probability. We asked subjects to generate or evaluate alternative strategies such as betting on the most likely event on every trial, betting on it on almost every trial, or employing a ''probability matching'' strategy. Almost half of the college students did not generate or rank strategies according to their expected value, but few subjects preferred a strategy of strict probability matching. High-school students (...) showed greater deviations from expected value than college students. Similar misunderstandings were observed in a choice task involving real (not hypothetical) repeated trials. Large gender differences in prediction strategies and in related computational skills were observed. Subjects who understand the optimal strategy usually do so in terms of independence of successive trials rather than calculation. Some subjects understand the concept of independence but fail to bring it to bear, thinking it can be overridden by intuition or local balancing (representativeness). (shrink)

This paper argues that participants in the subjectivism/objectivism/hybridism debate, a central issue in recent meaning in life research, conflate two different distinctions marked by the terms objective and subjective, one having to do with the question of whether life's meaningfulness depends on factors internal or external to the agent, the other having to do with the question of whether there is any ‘absolute’ as opposed to ‘relative’ truth about the first question. The paper then argues that a distinctive type of (...) hybridism with respect to the first sense is true. To vindicate this type of hybridism, the paper identifies, by using examples and counterexamples, internal and external necessary conditions for having meaningful lives. In this type of hybridism, internal states that are not directed at external factors, such as autonomy, serenity and contentment, are also taken account of, and, more generally, internal and external factors need not relate to each other at all. Further, although the more a combination of internal and external factors is valuable the more meaningful a life is, not any increase in the value of any relevant internal or external factor enhances meaning. (shrink)

To succeed in self-regulation, people need to believe that it is possible to change behaviour and they also need to use effective means to enable such a change. We propose that this also applies to emotion regulation. In two studies, we found that people were most successful in emotion regulation, the more they believed emotions can be controlled and the more they used an effective emotion regulation strategy – namely, cognitive reappraisal. Cognitive reappraisal moderated the link between beliefs about the (...) controllability of emotion and success in emotion regulation, when reappraisal was measured as a trait or manipulated. Such moderation was found when examining the regulation of disgust elicited by emotion-inducing films, and the regulation of anger elicited by real political events. We discuss the implications of our findings for research and practice in emotion regulation. (shrink)

The variety of feminist thought has produced many fruitful discussions and debates. Liberal, radical, postmodern, psychoanalytic, and other feminists have criticized each others' work and underlying presuppositions. The aim of this paper is to point out a prejudice which has not yet received sufficient attention, although it lies at the base of a fair amount of feminist research: the bias that whereas men are bad and aggressive, women are good and peaceful. Although as an explicit view this contention has been (...) debated, its distortive influence on feminist research has so far remained undiscussed. In what follows I present examples of the effect of this bias on feminist research . Then I suggest why the bias has not yet been discussed . Finally I argue that feminist research should be as critically received and treated as any other. (shrink)

We set ourselves ends and strive to achieve them. We hope that their attainment will improve our condition. The closer we get to our goals, the happier we feel. Paradoxically, however, when we finally do achieve them our joy is sometimes diminished. We have a sense of insignificance and emptiness, and we feel that in attaining our goal we have lost the meaningfulness and balance we experienced while we were striving towards it. In some ways, it seems to us, the (...) struggle is more gratifying than the achievement of the end. (shrink)

Revolutions often retain more characteristics of the pre-revolutionary state than their makers like to admit. Characterizing the pre-revolutionary state as bad , and wishing to accentuate the greatness of their doings, revolutionaries like to stress the differences between the previous state of affairs and the new one, and prefer to see the similarities as few and insignificant. They are frequently wrong. 1.

Based on the work of Alfred Schutz, this article develops a theory of intersubjectivity—one of the basic building blocks of social experience—and shows how such a theory can be empirically leveraged in sociological work. Complementing the interactionist and ethnomethodological emphasis on the situated production of intersubjectivity, this paper revisits the basic theoretical assumptions undergirding this theory. Schutz tied intersubjectivity to the way people experience the world of everyday life: a world that he held as distinct from other provinces of meaning, (...) such as religious experience, humor, or scientific reasoning. However, as this article shows, such neat distinctions are problematic for both empirical and theoretical reasons: The cognitive styles that define different provinces of meaning often bleed into one another; people often inhabit multiple provinces of meaning simultaneously. Intersubjectivity may thus be simultaneously anchored in multiple worlds, opening a host of empirical research questions: not only about how intersubjectivity is done in interaction, but about how different kinds of intersubjective experiences are constructed, how multi-layered they are, as well as opening up questions about possible asymmetries in the experiences of intersubjectivity. (shrink)

Mise en abyme is a term from literary theory denoting a work that doubles itself within itself, for example a story placed within a story or a play within a play. Proliferating in experimental fiction in midcentury France, this technique had a strong impact on contemporary literary theory, but also, as this book project argues, on post-Heideggerian and post-structuralist philosophy. The Little Crystalline Seed focuses on how three of these thinkers invoke the concept of mise en abyme in order to (...) establish ontologies that deviate from that of Heidegger. Iddo Dickmann demonstrates how the concept served in modeling Derrida's logic of supplementarity, Blanchot's philosophy of "ambiguity" and mechanism of Désouvrement, and Deleuze's philosophy of difference, time and repetition. Exploring the interpretative and generative potential of the mise en abyme for continental thought, Dickmann illustrates points of resonance between various philosophical topics such as aesthetics, ethics, time, logic, mirroring, play, and signification. (shrink)

We develop and study the complexity of propositional proof systems of varying strength extending resolution by allowing it to operate with disjunctions of linear equations instead of clauses. We demonstrate polynomial-size refutations for hard tautologies like the pigeonhole principle, Tseitin graph tautologies and the clique-coloring tautologies in these proof systems. Using interpolation we establish an exponential-size lower bound on refutations in a certain, considerably strong, fragment of resolution over linear equations, as well as a general polynomial upper bound on interpolants (...) in this fragment.We then apply these results to extend and improve previous results on multilinear proofs , as studied in [Ran Raz, Iddo Tzameret, The strength of multilinear proofs. Comput. Complexity ]. Specifically, we show the following:• Proofs operating with depth-3 multilinear formulas polynomially simulate a certain, considerably strong, fragment of resolution over linear equations.• Proofs operating with depth-3 multilinear formulas admit polynomial-size refutations of the pigeonhole principle and Tseitin graph tautologies. The former improve over a previous result that established small multilinear proofs only for the functional pigeonhole principle. The latter are different from previous proofs, and apply to multilinear proofs of Tseitin mod p graph tautologies over any field of characteristic 0. We conclude by connecting resolution over linear equations with extensions of the cutting planes proof system. (shrink)

_ Source: _Volume 26, Issue 1, pp 67 - 93 The talmudic sages granted the legal status of _sefer_ to five texts: the Torah, _tefillin_, the _get_, the _mezuzah_, and the Scroll of Esther. These texts share two features: they have a ritualistic format and use, and they are the only sacred texts that demonstrate _mise en abyme_—the trait of literary self-containing. These two traits turn the rabbinic book into a radical case of “open work”: the _sefer_ consists of both (...) textual signs and the actual body of an empirical reader; its pragmatic level is not bracketed out in favor of the semiotic one. I argue that Deleuze’s reception theory best accounts for the _sefer_. (shrink)

ABSTRACTA careful look at societies facing threat reveals a unique phenomenon in which liberals and conservatives react emotionally and attitudinally in a similar manner, rallying around the conservative flag. Previous research suggests that this rally effect is the result of liberals shifting in their attitudes and emotional responses toward the conservative end. Whereas theories of motivated social cognition provide a motivation-based account of cognitive processes, it remains unclear whether emotional shifts are, in fact, also a motivation-based process. Herein, we propose (...) that under threat, liberals are motivated to feel existential concern about their group’s future vitality to the same extent as conservatives, because this group-based emotion elicits support for ingroup protective action. Within the context of the Palestinian-Israeli conflict, we tested and found support for this hypothesis both inside and outside the laboratory. We d... (shrink)

This volume presents thirty-two essays on a wide array of topics in modern philosophical meaning in life research. The essays are organized into six parts. Part I, Understanding Meaning in Life, focuses on various ways of conceptualizing meaning in life. Among other issues, it discusses whether meaning in life should be understood objectively or subjectively, the relation between importance and meaningfulness, and whether meaningful lives should be understood narratively. Part II, Meaning in Life, Science, and Metaphysics, presents opposing views on (...) whether neuroscience sheds light on life’s meaning, inquires whether hard determinists must see life as meaningless, and explores the relation between time, personal identity, and meaning. Part III, Meaning in Life and Religion, examines the relation between meaningfulness, mysticism, and transcendence, and considers life’s meaning from both atheist and theist perspectives. Part IV, Ethics and Meaning in Life, examines whether meaningful lives must be moral, how important forgiveness is for meaning, the relation between life’s meaningfulness and procreation ethics, and whether animals have meaningful lives. Part V, Philosophical Psychology and Meaning in Life, compares philosophical and psychological research on life’s meaning, explores the experience of meaningfulness, and discusses the relation between meaningfulness and desire, love, and gratitude. Part VI, Living Meaningfully: Challenges and Prospects, elaborates on topics such as suicide, suffering, education, optimism and pessimism, and their relation to life’s meaning. (shrink)

ABSTRACTIn this paper I shall tackle the problem of differentiating Deleuze and Derrida. Various writers have done so, comparing these philosophers’ conceptions of repetition and difference. I shall attempt to enrich, sharpen and sometimes criticize these writers by exploring the paradigm through which Deleuze and Derrida have reflected upon repetition and difference in the first place: the mise en abyme, a literary concept designating a work that doubles itself within itself. I shall argue that Derrida applied to his theory of (...) difference a degenerated picture of the mise en abyme, which I shall term the “lacunal”, and which would cause him, against himself, to grasp the concept of difference “logocentrically”. On the other hand, Deleuze – attending to the actual emblem and to what literary theorists had to say about it – drew its correct lesson: the Other is less that which challenges Totality than the very coexistence between the Other-than-Totality and the Totality it challenges. (shrink)

I will argue that the underlying rationale for the talmudic list of trades disqualified from legal testimony is aesthetic. These trades involved professional mimicry, which as such incapacitated what R. Neis has termed “homovisuality” or self-referential witnessing in the Talmud. Reading talmudic laws of conjoined testimony and the induction of witnesses in light of Deleuze’s and Blanchot’s philosophy, I will argue that homovisuality entailed the witness’s reincarnation as the subject of the event, thus re-signifying rather than reporting the event. The (...) judge, transformed into a witness, could capture the truth of the event at a glance, in a manner both prior to and irreducible to trial procedures. (shrink)

This paper presents a critique of David Benatar’s arguments on the badness of all human lives. I argue that even if Benatar is right that there is an asymmetry between the good and the bad in life so that each “unit” of bad is indeed more effective than each “unit” of good, lives in which there is a lot of good and only little bad are still overall good. Even if there are more unfulfilled than fulfilled desires in life, a (...) distinction should be drawn between desires to fulfill important goals and desires to fulfill trivial ones, and Benatar’s claim is untrue of the former. Benatar’s claim that we cannot really know that the quality of our own lives is good is problematic, but even if it were true, it would not show that we cannot estimate correctly the quality of other people’s lives, which is the point at issue. (shrink)

Several philosophers have argued that if we examine our lives in context of the cosmos at large, sub specie aeternitatis, we cannot escape life's meaninglessness. To see our lives as meaningful, we have to shun the point of view of the cosmos and consider our lives only in the narrower context of the here and now. I argue that this view is incorrect: life can be seen as meaningful also sub specie aeternitatis. While criticizing arguments by, among others, Simon Blackburn, (...) Nicholas Rescher, and Thomas Nagel, I show that what determines assessments of the meaning of a life are the standards of meaningfulness one endorses rather than the size of the context in which that life is assessed. Employing non-demanding standards of meaningfulness to assess a life is compatible with examining it in the context of the cosmos at large. That is also the case if we accept Nagel's claim that to examine a life sub specie aeternitatis is to examine it externally, impersonally and objectively: life can be evaluated as meaningful also when under these perspectives if the standards of meaningfulness we adopt are not overly challenging. Nor does the contingency of our existence, realized sub specie aeternitatis, render our life meaningless. Contrary to a commonly accepted view, then, examining our lives sub specie aeternitatis does not necessitate that we see them as meaningless. (shrink)

I shall show that Levinas’s idea of infinite responsibility draws on Blanchot’s mechanism of “worklessness” which in turn explicitly draws on Gide’s mechanism of retroaction and the mise en abyme—a story that doubles itself within itself—which the latter accounts for. However, a false picture of mise en abyme and worklessness brought Levinas to two interrelated misconceptions. First, of the act of responsibility as inherently futile. Second, of repetition as “mechanical,” comprising instances which are allocated to pre-established loci upon a plenitude: (...) A totalitarianism which fits badly with Levinas’s pursuit of otherness. Deleuze, on the other hand, drawing the correct lesson from mise en abyme, established that an instance of repetition—reconstituting all previous ones—generates the very ground upon which it emerges. Accordingly, in a Deleuzian ethics, the absolute Other has no existence prior to the act of attending his needs. The act is therefore “fated to succeed.”. (shrink)

People living in areas of intractable conflicts experience extreme negative emotions which ultimately lead to support of aggressive policies. Emotion regulation and particularly cognitive reapprais...

Lawmakers regularly delegate authority to agents. Such delegation is accompanied by mechanisms that attempt to ensure that the agents adhere to the will of the lawmakers. But these mechanisms are often ineffective or inefficient. Moreover, at times the very imposition of constraints distorts the agents’ incentives and impels them to adopt skewed policies. We suggest that it is possible to reduce such wasteful enforcement costs by delegating authority to certain types of agents who will pursue the lawmaker’s policies without constraints (...) imposed by the lawmaker. In this Article we focus on agents who are impartial — but not indifferent! — and skillful enough to identify the proper course of action. The Article encompasses two main arguments. The normative argument is that when skillful and impartial agents can be identified, it makes sense to delegate to them decision-making powers with only limited constraints. Moreover, in such instances it may be more cost-effective to provide agents with incentives to act impartially rather than develop enforcement mechanisms to impose impartiality. The positive argument is that the law — sometimes explicitly and sometimes implicitly — is compatible with our normative argument in various fields. Although our argument is general in scope and applies to many areas of law, in this Article we begin by focusing on tort law and on international law. We distinguish five categories of cases where the law relies on agents and detect in some of them impartial and skillful agents. This analysis demonstrates that, in some of these categories, the law in fact relies on agents with only minimal constraints and that, in other situations, the constraints imposed by the law are counterproductive. Our normative argument thus serves an explanatory role in understanding many legal doctrines and principles, but, at the same time, offers a critical view on other doctrines and principles, which are not compatible with that argument. (shrink)

A doctor who lapses and injures her patient, and a driver who lapses and causes an accident, are liable under negligence law for the harm done. But lapse is not necessarily negligence, since reasonable people lapse from time to time. We show that tort liability for “reasonable” lapses distorts doctors’, drivers’, and manufacturers’ incentives to take care. Furthermore, such liability provides potential injurers with incentives to substitute activities which are less prone to lapses with activities which are more prone to (...) lapses, even if such substitution is inefficient. We propose several solutions to the inefficiencies that result from liability for lapses, and argue that under certain circumstances injurers should be entitled to invoke a “lapse defense.”. (shrink)