State and Religion in Israel begins with a philosophical analysis of the two main questions regarding the role of religion in liberal states: should such states institute a 'Wall of Separation' between state and religion? Should they offer religious practices and religious communities special protection? Gideon Sapir and Daniel Statman argue that liberalism in not committed to Separation, but is committed to granting religion a unique protection, albeit a narrower one than often assumed. They then use Israel as (...) a case study for their conclusions. Although Israel is defined as a Jewish state, its Jewish identity need not be interpreted religiously, requiring that it subjects itself to the dictates of Jewish law. The authors test this view by critically examining important topics relevant to state and religion in Israel: marriage and divorce, the drafting of yeshiva students into the army, the character of the Sabbath and more. (shrink)

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

It is widely supposed that every entity falls into one of twocategories: Some are concrete; the rest abstract. The distinction issupposed to be of fundamental significance for metaphysics andepistemology. This article surveys a number of recent attempts to sayhow it should be drawn.

Normative theory, in various idioms, has grown wary of questions of ontology-social and otherwise. Thus modern debates in ethics have tended to take place at some distance from (for example) debates in social theory. One arguable casualty of this has been due consideration of relational factors (between agents and the social structures they inhabit) in the interrogation of ethical values. Part 1 of this paper addresses some examples of this tendency, and some of the philosophical assumptions which might underlie it. (...) Parts 2 and 3 discuss two issues of growing prominence-disability, and environmental concern-due attention to which, I argue, highlights strong reasons why severing ethics from social ontology is neither possible nor desirable. I conclude by recommending a qualified ethical naturalism as a promising candidate through which, non-reductively, to reunite these two areas of theoretical focus. (shrink)

Region R Question: How many objects — entities, things — are contained in R? Ignore the empty space. Our question might better be put, 'How many material objects does R contain?' Let's stipulate that A, B and C are metaphysical atoms: absolutely simple entities with no parts whatsoever besides themselves. So you don't have to worry about counting a particle's top half and bottom half as different objects. Perhaps they are 'point-particles', with no length, width or breadth. Perhaps they are (...) extended in space without possessing spatial parts (if that is possible). Never mind. We stipulate that A, B and C are perfectly simple. We also stipulate that they are connected as follows. A and B are stuck together in such a way that when a force is applied to one of them, they move together 'as a unit'. Moreover, the two of them together exhibit behavior that neither would exhibit on its own — Perhaps they emit a certain sound, or glow in the dark — whereas C is.. (shrink)

Alan Weir: Quine's Naturalism: Starting with the distinction between epistemological and ontological naturalism, this chapter focuses most on Quine's epistemological naturalism, not the ontological anti‐naturalism he thought it leads to. It is argued that naturalized epistemology is not central to Quine's epistemology. Quine's key epistemological principle is: follow the methods of science, and only those. Can Quine demarcate scientific methods from non‐scientific ones? The problems which have been raised here, for example in the case of mathematics, are considered. A main (...) theme is the relationship between Quine's naturalism and reductionist forms of “scientistic” naturalism. Quine is generally taken to be an anti‐reductionist, unsurprisingly given his explicit anti‐reductionist pronouncements from “Two Dogmas” onward. It is argued that the situation is more complex than this and that key Quinean arguments are driven by a positivistic reductionism he never entirely broke free from. (shrink)

Is liberalism adaptable enough to the ecological agenda to deal satisfactorily with the challenges of anthropogenic climate change while leaving its normative foundations intact? Compatibilists answer yes; incompatibilists say no. Comparing such answers, this article argues that it is not discrete liberal principles which impede adapatability, so much as the constructivist model (exemplified in Rawls) of what counts as a valid normative principle. Constructivism has both normative and ontological variants, each with a realist counterpart. I argue that normative constructivism in (...) the Rawlsian mode, whatever its strengths elsewhere, is markedly ill‐equipped to deal with the particular normative challenges posed by climate change – and that that these doubts holds regardless of which stance is adopted as its ontological corollary. (shrink)

Underlying Giorgio Agamben’s and Alain Badiou’s disagreement over the apostle Paul we find common cause: following Paul’s deactivation of law, both Agamben and Badiou see the fixed identities necessary to the naturalised nomos of State politics as transfigured by a politics of grace. This transfiguration is differently rendered as either the emergence of a universal subject or the opening up of existing subjectivities, but both the messianic vocation in Agamben and the universal subject in Badiou allow subjective possibility to that (...) which is not in the present objectified order. Developing this theme of a basic emancipatory affinity, two moments of the political which exist in a difficult but necessary tension are identified: revolution and dissent. While revolution signals subjective possibility itself by determining that the truth of the event is for all, dissidence keeps that possibility alive by pointing to the human subject’s fundamental indeterminacy. (shrink)

This book tracks the emergence of the modern Japanese nation in the nineteenth century through the history of some of its local aspirants. It explores how kokugaku (Japan studies) scholars envisioned their place within Japan and the globe, while living in a castle town and domain far north of the political capital.

This thoroughly intriguing volume explains the many ways our thoughts are manipulated through temptation, distraction, misdirection, and more.

A seminal 1921 work by the linguist Edward Sapir, outlining his influential ideas and hypotheses on language and its speakers.

What sort of epistemic positions are compatible with inquiries driven by interrogative attitudes like wonder and puzzlement? The ignorance norm provides a partial answer: interrogative attitudes directed at a particular question are never compatible with knowledge of the question’s answer. But some are tempted to think that interrogative attitudes are incompatible with weaker positions like belief as well. This paper defends that the ignorance norm is exhaustive. All epistemic positions weaker than knowledge directed at the answer to a question are (...) compatible with having an interrogative attitude towards that question. We offer two arguments for this conclusion. The first is based on considerations about the role of hedging in inquiry. The second is conditional on considerations related to the aim of inquiry as a goal-directed activity. (shrink)

1. At its core, education is characterized by a preoccupation with the future. Despite the notable lack of agreement concerning the aims of education (e.g., social mobility, personal development, w...

Metaphysicians of Meaning is the first book to challenge the accepted understanding of Russell's On Denoting and Frege's On Sense and Reference . Makin compares the work Russell did shortly before his famous essay "On Denoting" with the essay itself and argues that this comparison shows that the traditional view of the problem Russell was trying to solve is untenable. He then examines Frege's classic essay and argues that some of the less well-known views that Frege held have radical implications (...) for our understanding of this essay. (shrink)

James A. Diefenbeck, Wayward Reflections on the History ofPhilosophyThomas R. Flynn Sartre, Foucault and Historical Reason. Volume 1:Toward an Existential Theory of HistoryMark Golden and Peter Toohey Inventing Ancient Culture:Historicism, Periodization and the Ancient WorldZenonas Norkus Istorika: Istorinis IvadasEverett Zimmerman The Boundaries of Fiction: History and theEighteenth‐Century British Novel.

Is liberalism adaptable enough to the ecological agenda to deal satisfactorily with the challenges of anthropogenic climate change while leaving its normative foundations intact? Compatibilists answer yes; incompatibilists say no. Comparing such answers, this article argues that it is not discrete liberal principles which impede adapatability, so much as the constructivist model (exemplified in Rawls) of what counts as a valid normative principle. Constructivism has both normative and ontological variants, each with a realist counterpart. I argue that normative constructivism in (...) the Rawlsian mode, whatever its strengths elsewhere, is markedly ill‐equipped to deal with the particular normative challenges posed by climate change – and that that these doubts holds regardless of which stance is adopted as its ontological corollary. (shrink)

Yeshayahu Leibowitz (1903–1994) was an Israeli philosopher and scientist. For decades, his thinking and persona were the embodiment of a Judaism in Israel. Getting to know him is getting to know a great Israeli thinker and also invites a window into the life of Israel and its problems.

The Russian financial crisis of August 1998, which occurred between the Asian recession and the devaluation of the Brazilian real in January 1999, put a question-mark over many certainties. It demonstrated that the most destructive speculative activities of financial players can only have free rein when there is a collapse of the state. The crisis proved that the markets need a state and cannot replace it. It was also the moment when people became aware of the dynamics of a globalized (...) financial economy (Stiglitz, 1999a; 1999b), leading to a critical rereading of the policies recommended in the 1990s and a direct questioning of the IMF and its actions. In Russia it caused a paradigm shift that could turn out to be salutary. In this regard the August 1998 crisis looks like the endpoint on the route followed since 1992 by the transition in Russia (Sapir, 1999a). We can see in the crisis both elements directly linked to the financial liberalization of 1985-95 and structural elements peculiar to the consequences of the transition and the policies adopted. This is why it suggests a reinterpretation of the entire development of the transition in Russia starting from 1992. (shrink)

When a person acts from ignorance, he is culpable for his action only if he is culpable for the ignorance from which he acts. The paper defends the view that this principle holds, not just for actions done from ordinary factual ignorance, but also for actions done from moral ignorance. The question is raised whether the principle extends to action done from ignorance about what one has most reason to do. It is tentatively proposed that the principle holds in full (...) generality. (shrink)

The paper examines the conditions under which we are responsible for actions performed under duress, focusing on a real case in which a soldier was compelled at gunpoint to participate in the massacre of civilian prisoners. The case stands for a class of cases in which the compelled act is neither clearly justified nor clearly excused on grounds of temporary incapacity, but in which it is nonetheless plausible that the agent is not morally blameworthy. The theoretical challenge is to identify (...) the excuse in such cases and to explain its basis. The paper argues that when mortal duress excuses in cases of this sort, it does so because the compelled act, though impermissible and freely chosen, nonetheless fails to manifest ‘an insufficiently good will’. The argument depends on a potentially controversial thesis in the ethics of concern, namely, that a thoroughly decent moral agent—someone who cares enough about morality and the values that underlie it—will not always be moved to do what he knows he ought to do. (shrink)

The first thing to realize about grading as a psychological process is that it precedes measurement and counting. Judgments of the type “A is larger than B” or “This can contains less milk than that” are made long before it is possible to say, e.g., “A is twice as large as B” or “A has a volume of 25 cubic feet, B a volume of 20 cubic feet, therefore A is larger than B by 5 cubic feet,” or “This can (...) contains a quart of milk, that one 3 quarts of milk, therefore the former has less milk in it.” In other words, judgments of quantity in terms of units of measure or in terms of number always presuppose, explicitly or implicitly, preliminary judgments of grading. The term four means something only when it is known to refer to a number which is “less than” certain others, say five, six, seven, arranged in an ordered series of relative mores and lesses, and “more than” certain others, say one, two, three, arranged in an ordered series of relative mores and lesses. Similarly, a foot as a unit of linear measure has no meaning whatever unless it is known to be more than some other stretch, say an inch, and less than a third stretch, say a yard. (shrink)

On October 27, 1991, a Jewish woman named Rachel Drouk, a settler in the West Bank, was killed by Palestinian Intifada fighters. Twenty-five women spontaneously gathered at the site of the murder and held a vigil—a vigil that eventually developed into a protest settlement. The women, all of whom were married mothers, presented their initiative in maternal narratives: grounds, motives, and justifications for the act, and targets and anticipations were all related to the practice of care. This article conducts an (...) artificial dialogue between the women's discourse and Ruddick's theory of maternal thinking, enabling deconstruction of the former and a critique of the theory of care. (shrink)

The question of nihilism is always a question of truth. It is a crisis of truth that causes the experience of the nothingness of existence. What elevated truth to this existential position? The answer is: philosophy. The philosophical will to truth opens the door to nihilism, since it both makes identifying truth the utmost aim and yet continually calls it into question. Baker develops the central insight that the crises of truth and of existence, or 'loss of world', that occur (...) within nihilistic thought are inseparable, in a wide-ranging study from antiquity to the present, from ancient Cynics, St Paul, Nietzsche, Heidegger, Foucault, Agamben, and Badiou. Baker contends that since nihilism is always a question of the relation to the world occasioned by the philosophical will to truth, an answer to nihilism must be able to propose a new understanding of truth. (shrink)

This book provides an accessible introduction to spiritually-sensitive psychoanalysis, an analytic tradition characterized by sensitivity to the spiritual and religious dimensions of human life and oriented toward spiritual growth. Psychoanalysis has historically evinced severe suspicion to all ideas and ideals of religion and spirit. However, in recent years a new analytic approach is emerging, which recognizes faith and spirituality as crucial parts of a full, satisfying psychic life. This book explores the unique ways in which this approach refers to and (...) understands core analytic issues such as transference, interpretation, psychopathology, and psychic development. It goes on to expound the approach's understanding of the analytic relationship and the way it influences the spiritual person. It also discusses the tensions arising between this emerging school of thought and the existing body of psychoanalytic knowledge. Discussing freely and deeply its spiritual aspects and aspirations will enlighten analysts new to the emerging spiritually-sensitive tradition, as well as those who are more familiar with it, and who are looking for a comprehensive description of this fresh approach to analysis. (shrink)

The fair use doctrine is at once the most significant and the most problematic qualification of the copyright owner's right to exclusivity. An affirmative defense against copyright liability, the fair use doctrine legitimates certain unauthorized reproductions of copyrighted materials that would otherwise be regarded as copyright infringements. Notwithstanding its importance, “fair use” continues to be “the most troublesome [doctrine] in the whole law of copyright.” Throughout its long history, neither courts nor legislatures have provided a useful definition of “fair use” (...) nor have they adumbrated its objectjves. Since the doctrine's inception over two and a half centuries ago, courts and legislatures have attempted to formulate, explicate, refine, and revamp the fair use doctrine. Generally, these efforts have proven unfruitful. At best, they have resulted in various formulations of how to approach fair use questions that offer courts and users of copyrighted works scant guidance on how fair use should be recognized. All this would not have been of grave concern had judges shared a common understanding of fair use or of the principles that should guide them in deciding fair use cases. The problem is that they do not. Rather, the case law reflects wdely divergent notions of the concept of fair use. The lack of consensus is best witnessed in the multiple reversals and divided courts that have become the hallmark of fair use litigation. (shrink)

In this Article we explore the evolution of property law and examine the applicability of the prevailing accounts according to which property institutions oscillate between the extreme points of open access and private property. We show that the evolution of property is a much more nuanced process, shaped by the interplay of the following three dimensions: number of owners, extent of dominion and asset configuration. Accordingly, property institutions can assume a myriad of positions along the aforementioned dimensions in response to (...) the constant change in exclusion and management costs. We demonstrate our theory by discussing examples of three dimensional adjustments of real, personal and intellectual property. (shrink)

Edited by a team of four leading philosophers, The Norton Introduction to Philosophy introduces students to contemporary perspectives on major philosophical issues and questions. This text features an impressive array of readings, including 25 specially-commissioned essays by prominent philosophers. A student-friendly presentation, a handy format, and a low price make The Norton Introduction to Philosophy as accessible and affordable as it is up-to-date.

Descartes is well known as a mathematician and natural philosopher. However, none of Descartes's biographers has described the invitation he received in 1633 to fill a chair in theoretical medicine at the University of Bologna, or the fact that he was already sufficiently known and respected for his medical knowledge that the invitation came four years before his first publication. In this note I authenticate and contextualize this event, which I refer to as the ‘Bologna affair’. I transcribe the letter (...) written to the Bolognese Senate announcing efforts to bring Descartes to the university and explain the events that led to Descartes receiving the invitation. While many questions about the Bologna affair cannot be answered because of the paucity of the historical record, I conclude that the event invites us to consider again the larger historiographical issue of how best to integrate the history of medicine with the history of science and philosophy during the early modern period. (shrink)