In this essay, we suggest practical ways to shift the framing of crisis standards of care toward disability justice. We elaborate on the vision statement provided in the 2010 Institute of Medicine (National Academy of Medicine) “Summary of Guidance for Establishing Crisis Standards of Care for Use in Disaster Situations,” which emphasizes fairness; equitable processes; community and provider engagement, education, and communication; and the rule of law. We argue that interpreting these elements through disability justice entails a commitment to both (...) distributive and recognitive justice. The disability rights movement's demand “Nothing about us, without us” requires substantive inclusion of disabled people in decision‐making related to their interests, including in crisis planning before, during, and after a pandemic like Covid‐19. (shrink)

The diagnostic category of borderline personality disorder (BPD) has come under increasing criticism in recent years. In this paper, we analyze the role and impact of epistemic injustice, specifically testimonial injustice, in relation to the diagnosis of BPD. We first offer a critical sociological and historical account, detailing and expanding a range of arguments that BPD is problematic nosologically. We then turn to explore the epistemic injustices that can result from a BPD diagnosis, showing how they can lead to experiences (...) of testimonial injustice which impede patient engagement in meaning-making activities, thereby undermining standard therapeutic goals. We conclude by showing how our arguments bolster ongoing efforts to replace the diagnostic category of BPD with alternatives such as complex post-traumatic stress disorder. (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)

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)

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)

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)

In this book we attempted to gather together a set of chapters that describe new ways of approaching questions about aesthetics and innovation. Rather than going over old ground, the chapters describe attempts to break out in new directions. The book begins with a description of von Ehrenfels development of a Gestalt theory of aesthetics so evocative of the Vienna of 1900 that readers will wish that they had been there to experience the intellectual excitement and ends with a survey (...) the very latest research on brain scan research on perception of art. In between, we encounter chapters as diverse as a description of cognitive effects on art perception and on the analogies between oscillations in art history and waves in the physical world. About half of the book contains chapters by well known western psychological aestheticians and half chapters by Russian scholars many of whom will be new to western readers. As well as describing new methods and results, the chapters by Russian scholars will be novel to most western readers, because the Russian perspective on aesthetics and innovation is rather different than the traditional western perspectives. Looking at phenomena from new viewpoints never hurts and very often helps in science. (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)

BackgroundDeep brain stimulation is approved for treating refractory obsessive-compulsive disorder in adults under the US Food and Drug Administration Humanitarian Device Exemption, and studies hav...

Do we need a right to mental privacy? In an era of increasing sophistication in recording, interpreting, and directly intervening on our neural activity – not to mention efforts at combining neural...

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 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)

An unprocessed risk is a collection of simple lotteries with a reduction-rule that describes the actual-payoff to the decision-maker as a function of realized lottery outcomes. Experiments reveal that the willingness to pay for unprocessed risks is consistently biased toward the payoff-level in the unprocessed representation. The anchoring-to-frame bias in cases of positive framing is significantly weaker than in cases of negative framing suggesting that rational negativity bias may reflect in asymmetric violations of rationality.

The article presents an Internet experiment where subjects sequentially bid for basic gifts and binary-lotteries on these gifts in incentive compatible Vickrey auctions. Subjects exhibit uniformly pessimistic prize-weighting in spite of precautions to reduce suspicion and prohibit collusion. The bids for lotteries are close to the minimal payable value, even when the probability of obtaining a better prize is larger than 50%. Prize-weighting becomes even more conservative as the distance in value of payable prizes increases. The twofold aversive affect appears (...) for three distinct groups of students; we demonstrate, however, that the same subjects overweight small win-probabilities in standard binary-choice. (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)

ABSTRACTThis article develops a theory of just contractual relationships for a liberal society. As a liberal theory, our account is premised on liberalism's canonical commitments to self-determination and substantive equality. As a theory of contract law, it focuses on the parties’ interpersonal interactions rather than on the justice of the social order as a whole.Normatively, the article claims that the rules governing cases where one party experiences harsh circumstances or vulnerability during the bargaining process or operates under significant informational disadvantage (...) must be guided by the commitment to relational justice, that is, to reciprocal respect for self-determination and substantive equality. Jurisprudentially, the article studies the systemic difficulties hindering the translation of these normative prescriptions into legal language and analyzes how they affect the form assumed by the law of precontractual justice and its institutional pedigree. (shrink)

Warren's major contention is that judgments of subjective magnitude are not possible, and therefore subjects base such judgments upon physical correlates of the dimension in question. It would appear that Warren's theory will almost surely fail as a comprehensive model, even though it does provide a heuristic account of judgments of loudness and brightness. In order for the theory to succeed, Warren must specify a physical correlate for judgments ofeverysubjective attribute that has yielded orderly data with Stevens's scaling procedures.

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 debate about what constitutes the discipline of ethics and who qualifies as an ethics consultant is linked unavoidably to a debate that is potentiated by the reality of a rapidly changing and high-stakes health care consultation marketplace. Who we are and what we can offer to the moral gesture that is medicine is shaped by our fundamental understanding of the place of expert knowledge in the transformation of social reality. The struggle for self-definition is particularly freighted since clinical ethics (...) consultation aspires to be more than academic contemplation. Two recent books (Ethics Consultation by John La Puma and David Schiedermayer and The Health Care Ethics Consultant: A Practical Guide, edited by Francoise Baylis) exemplify the two most popular but most widely divergent positions on these issues. We argue that while useful, neither book addresses fully the particular and distinct role of the professional ethicist. (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)

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)