Summary A large survey of German and Israeli younger and older adolescents was conducted to reveal their opinions and attitudes towards violence and aggression, their personal engagement in aggressive and violent behaviors in and outside the school environment, their attitudes toward physical activity, their engagement in physical activity, and the linkage between physical activity engagement and conductance of violence and aggression. The findings point out that there are more similarities than differences between German and Israeli adolescents concerning violence and aggression (...) in and outside schools. No linkage between physical activity involvement and the extent of violent and/or aggressive acts is found. The findings pertaining adolescents’ opinions and attitudes toward aggression and violence and their behaviors in and outside school are encouraging. (shrink)

This study argues that one of Dōgen Zenji’s most renowned essays, the “Genjōkōan” of 1233, can be read as an exposition of interpretive sensibilities. By drawing a comparison between the function of the principle of the “dharma position” (法位) and that of interpretive charity as formulated in the Judaic tradition, I argue that the “Genjōkōan” initiates the reader into Dōgen’s dialectical interpretive perspective. As he elaborated on this theme throughout his life in many writings, Dōgen strived to creatively pacify the (...) lasting tensions between authority and interpretation, textual closure and hermeneutical openness. Thus, I propose that examining the dialectics of the “dharma position” as a hermeneutical framework expressed in pivotal passages of the “Genjōkōan”, may deepen our appreciation of the image of Dōgen the interpreter. (shrink)

Eitan Mechter's new book deals with theoretical-theoretical aspects of creativity through reading in modern thought. The educational act aimed at cultivating creativity requires theoretical clarification before formulating practical lines of action - philosophical study serves as a source for building pedagogical patterns. To create; replication and normalization - to cultivate originality and impart expression. This change requires a new philosophical basis. In man's attitude to himself and the world lies the root of the act of creation, as is renewable (...) self-discovery. The 21st century calls for a new definition of the educational act. Of the author is that the philosophical basis of education for creation rests on two axes: on the one hand the rational axis, the critical theory from the school of Adorno; on the other hand the axis of existential philosophy shaped by experience, passion The will and self-creation, from Nietzsche's seminary. This book seeks to show how the two perceptions complement each other when it comes to cultivating creativity; How they form part of the general heritage of humanistic education. This combination makes it possible to organize the experience intelligently, but also to release reason for inspiring and renewed emotional experiences. "- translated from the back cover. (shrink)

In the recently published collection, Criminal Law and the Authority of the State, two contributions allude to an analogy with parental authority as a means to a better understanding of the institution of criminal punishment, but reach different conclusions. Malcolm Thorburn uses the parental authority analogy to justify the institution of state punishment as an assertion of robust authority over offenders. Antje du Bois-Pedain uses the same analogy to advocate the idea of punishment as an inclusionary practice, designed to reintegrate (...) offenders into society. I argue that Thorburn’s theory of robust authority is inconsistent if not self-contradictory when it tries to assume a liberal posture, and that du Bois-Pedain’s reintegrative model provides a better account of the justification and objectives of state punishment. (shrink)

The intuition holding that an organized crime leader should be punished more severely than a subordinate who directly commits an offence is commonly reflected in legal literature. However, positing a direct relationship between the severity of punishment and the level of seniority within an organizational hierarchy represents a departure from a more general idea found in much of the substantive criminal law writings: that the severity of punishment increases the closer the proximity to the physical commission of the offence. This (...) paper presents an analysis of the said intuition and attempts to ascertain its roots. Rejecting both retribution and deterrence theory as valid explanations, it will be inferred that the imposition of harsher punishment on organized crime leaders is properly based on the multiplicity of offences for which they are responsible, and not the nature of their involvement in any specific offence. (shrink)

This article argues that bullshit is not an offense against truth but against reason. It maintains that bullshit occurs when speakers intentionally assert vague premises to make listeners accept their conclusions. This redefinition, I suggest, has consequences on the moral appraisal of bullshit.

Journal of Philosophy of Education, EarlyView.

In this paper, I question the view that liberal perfectionism and neutrality are mutually exclusive doctrines. I do so by criticizing two claims made by Jonathan Quong. First, I object to his claim that comprehensive anti-perfectionism is incoherent. Second, I criticize his claim that liberal perfectionism cannot avoid a paternalist stance. I argue that Quong’s substantive assumptions about personal autonomy undermine both of his arguments. I use the discussion of Quong to argue that the standard assumption in liberal theory about (...) mutual exclusivity of liberal perfectionism and neutrality needs to be reconsidered, and I show why the argument about the convergence of perfectionism and neutrality makes conceptual sense. (shrink)

This paper critically examines Alan Patten’s theory of neutrality of treatment. It argues that the theory assumes an inadequate conception of personal autonomy that undermines its plausibility. Because of this assumption the theory is unable to account for various configurations of power that work against personal autonomy. However, I suggest that the theory can resolve the problem by developing and reinterpreting its conception of autonomy and introducing an additional strategy for addressing the power misbalances that result from the market-based interactions (...) between individuals and their conceptions of the good. (shrink)

The paper addresses arguments in the recent philosophical and bioethical literature claiming that social and cultural benefits can justify non-therapeutic male infant circumcision. It rejects these claims by referring to the open future argument, according to which infant circumcision is morally unjustifiable because it violates the child’s right to an open future. The paper also addresses an important objection to the open future argument and examines the strength of the objection to refute the application of the argument to the circumcision (...) case. (shrink)

This essay argues that a vital aspect of Dōgen Zenji’s religious discourse is deeply rooted in his words of the unsayable; that is—his apophatic articulations of the dynamic dialectics...

In this paper, I seek to present the range of issues involved in the efforts of sixteenth‐century kabbalists to understand the nature of selfhood, and the paths prescribed for the formation of an ideal life. I reflect on the mystical writings of Moshe Cordovero, Eliyahu de Vidas, andayyim Vital—probing their conceptions of core identity, the polarity between body and soul, and the ethical guidance for a life well lived. In so doing, I consider the following additional themes, and their relation (...) to the matrix of self‐formation and religious identity: reincarnation and rebirth; the virtue of humility and self‐effacement; the cultivation of wisdom; ideals of piety and prophetic experience; asceticism; and the spiritual transcendence of desire. In presenting this wide range of constituent themes, I argue that sixteenth‐century kabbalists understood the soul to be the ultimate marker of personal identity (nuanced and complicated by the doctrine of reincarnation), and that they formulated a vision of an ideal ethics in which the human being functions as an earthly vessel for the divine presence. What is more, the preparation of that vessel required a degree of humility so extreme that the attainment of ideal personhood ultimately involved the effacement of that very identity. (shrink)

National and international criminal law systems are continually seeking doctrinal and theoretical frameworks to help them impose individual liability on collective perpetrators of crime. The two systems move in parallel and draw on each other. Historically, it has been mostly international criminal law that leaned on domestic legal systems for its collective modes of liability. Currently, however, it is the emerging jurisprudence of the International Criminal Court that is at the forefront of innovation, with the doctrine of indirect co-perpetration taking (...) the lead in international prosecutions. The article assesses the potential contribution as well as the limits of this compound doctrine to domestic criminal law jurisprudence, particularly with regard to small-group criminality. Four modes of indirect co-perpetration are discussed, namely shared control, concerted control, controlling board, and flawed triangle perpetration. A doctrine of indirect co-perpetration would enable liability in these modes of perpetration, perhaps with the exception of the latter, which marks the limits of its applicability. (shrink)

The development of predictive brain implant (PBI) technology that is able to forecast specific neuronal events and advise and/or automatically administer appropriate therapy for diseases of the brain raises a number of ethical issues. Provided that this technology satisfies basic safety and functionality conditions, one of the most pressing questions to address is its relation to the autonomy of patients. As Frederic Gilbert in his article asks, if autonomy implies a certain idea of freedom, or self-government, how can an individual (...) be considered to decide freely if the implanted device stands at the inception of the causal chain producing his decisions? He claims that PBIs threaten persons’ autonomy by diminishing their post-operative experience of self-control. In this commentary, I wish to discuss this claim. Contrary to Gilbert, I will suggest that PBIs do not pose a significant threat to patient’s autonomy, as self-control, but rather to his/her sense of authenticity. My claim is that the language of authenticity, already introduced in the recent bioethical literature, may offer a better way to voice some of the concerns with PBIs that Gilbert recognized. (shrink)

Despite the fundamentally binary character of justification , an upsurge in recent Anglo-American scholarship offers some highly sophisticated and widely diverging conceptions of in criminal law. In the present article we identify eight distinct conceptions of partial justification. We find, however, that each of them is predicated on a different conceptual fallacy. Any sound concept of partial justification in criminal law ought to meet the dual challenge of utility and consistency: it should usefully convey a message that advances the conduct-guiding (...) function of criminal law and retain some consistency with the key attributes of complete justification, particularly its allowing function and the implications of its typically universal nature. We maintain that none of the conceptions offered to date meets this challenge. The different meanings attached to partial justification do not further the guiding function of criminal law beyond what is achieved by the scalar concept of wrongfulness; indeed, they undermine the guiding utility of criminal law by obscuring the distinction between the permissible and the impermissible, thereby also diminishing the expressivity of the criminal conviction. Furthermore, extending partial universality to the proposed notions of partial justification implausibly marks retaliating victims and intervening third parties, who react to allegedly partially justified conduct, as partly blameworthy, whereas present legal doctrine rightly affords them a full defense. (shrink)

Source: Author: Eldar Sultanow, Sean Cox, Sebastian Homann, Philipp Koch, Olliver Franke Mass media initiated exhibitions of information and knowledge streams account for a significant factor of opinion-forming in modern digitalized nations and thus influence their country's political development. Within the framework of a globalized environment, this information has the ability to shape worldwide opinion and international policy decisions across geographical boundaries. Similarly, however, information and knowledge that does not flow freely has an impact on the behind the scenes (...) decisions of world affairs. Selective manipulation, consumed through hidden channels, is therefore a powerful tool for shaping both social and organizational environments. Currently no classification approaches exist in order to identify and evaluate this type of manipulation. Therefore, this article will discuss this type of manipulative communication and align each category into an assessment model. Forty-two varieties of manipulative arguments will be identified as well as classified along three-dimensions. A model has been developed which will serve as a tool to identify the degree and at which level manipulation was performed. ]]>. (shrink)

Dōgen: Textual and Historical Studies is an impressive volume that marks a significant leap forward in the study of Zen Master Eihei Dōgen, founder of the Japanese Sōtō School. Dōgen’s life and thought are closely examined in light of the wider historical and religious contexts of Song dynasty China and the Kamakura era in Japan. This collection offers a careful consideration of Dōgen’s rich literary legacy by examining his significance situated as he was at the historical crossroads between the Chinese (...) Chan tradition and the birth of Japanese Zen. In particular, the volume contemplates the manner in which Dōgen’s historical — perhaps mythological — figure has been endorsed and cultivated by the Sōtō.. (shrink)

This article examines perceptions of military and defense expenditure as held by Asian students. By using quantitative data from the Asian Student Survey1 of 2008 it addresses the following questions: to which areas would Asian students like to see their government allocate more or less resources and, specifically, how supportive of defense and military spending are Asian students. This study finds that data concerning one country have appeared deviant. While designating the strongest will to increase defense and military spending among (...) all countries sampled in the survey, Chinese students from leading universities also exhibit the lowest levels of perceived military threats. The rest of the paper explores the of Chinese students by generating and testing a null hypothesis. In it, Chinese students' high demand for military spending is associated with an aggressive design, whereby anti-foreign, unilateral, and nationalist sentiments coincide. After refuting the null hypothesis, the paper advances an alternative explanation that links students' inclination with the call to modernize the People's Liberation Army. (shrink)

Courts and commentators do not differentiate between defendants who perpetrate crimes by means of inanimate weapons or trained animals and those who perpetrate crimes by means of other human beings used as innocent agents. I argue that this widely accepted comparability is grossly insensitive to the violation of the human dignity of the person whom the perpetrator has turned into an instrument to an offence. Identifying the innocent agent as a possible second victim of the offence alongside the intended victim (...) raises several issues of both morality and law. First, the question of moral pertinence: do the scenarios that the law recognises as cases of innocent agency involve a violation of the dignity of the innocent agent? Second, the question of criminalisation: is it appropriate to invoke criminal law to protect the dignity of the innocent agent? Third, the question of the protected interest: assuming that both the dignity of the innocent agent and their autonomy are compromised, which of these violations is graver? I argue that there is a strong connection between the doctrine of innocent agency and the violation of the dignity of the innocent agent; that the violation of the innocent agent’s dignity is severe enough to warrant criminalisation and that this is simple enough to enforce; and that the injury to the innocent agent’s dignity is more significant than the injury to their autonomy. The operative proposal of this article is that the law should recognise perpetration by means of innocent agents as an aggravated mode of commission or an aggravating factor in punishment. (shrink)

The paper tries to examine the effects of economic crisis on philosophical considerations of distributive justice. It tackles the problem of a radical increase in scarcity as a condition of justice. Instead of assuming a relatively fixed (“moderate”) level of scarcity as a background against which justice in distribution obtains, the paper examines what happens when this level risks falling below and how does that change our views of distributive justice. It takes upon the recent events in the United States (...) to construe a specific philosophical model and ask how crisis distribution, where that favors wealthier actors, can be justified. By analyzing the crisis distribution principle, it ultimately aims to suggest that moderate scarcity should not be seen as a mere condition, but an important and vital object of justice. As such it falls within, not beyond legitimate obligations of democratic governance. (shrink)

When I was a child, my parents had me circumcised. I was too young to have any recollection of it, but their intervention in my body is now a permanent part of my identity. They did it for cultural reasons: we come from a Muslim tradition, in which infant circumcision is one of the most important identity markers. This identity was etched in my body even before I was able to speak.Infant circumcision is one of the many ways parents shape (...) their children's bodies for cultural reasons. Parental interventions range from less invasive, such as haircuts and ear piercing, to more invasive and permanent, such as surgeries to reshape some parts of the child's body, like the nose, eyelids, or genitals.The current moral... (shrink)

This article examines the issue of justification of government's intervention in the parental acts of child naming, a neglected topic in the recent philosophical literature. It questions the ability of some of the current theories in family ethics to respond to this problem, and argues that both permissive and restrictive theories fail to provide a plausible argument about the proper limits of government regulation of child naming practices. The article outlines an alternative solution that focuses on the child's right to (...) authenticity and suggests that only those names that infringe upon this right invite justified state intervention. (shrink)

Two studies examined gender differences in lying when the truth-telling bias prevailed and when inspiring lying and disbelief. The first study used 156 community participants in pairs. First, participants completed the Narcissistic Personality Inventory, the Lie- and Truth Ability Assessment Scale, and the Rational-Experiential Inventory. Then, they participated in a deception game where they performed as senders and receivers of true and false communications. Their goal was to retain as many points as possible according to a payoff matrix that specified (...) the reward they would gain for any possible outcome. Results indicated that men lied more and were more successful lie-tellers than women. In addition, men believed the sender less than women but were not more successful detectors of lies and truths. Higher perceived lie-telling ability, narcissistic features, and experiential thinking style explained men’s performance. The second study used 100 volunteers who underwent the same procedure. However, the payoff matrix encouraged lying and disbelieving. Results showed again that men lied more than women. As to performance, men were more successful lie detectors than women, but there was no truth detection difference. Women did not differ in their success in telling and detecting lies and truths. The inconsistent gender differences in production and detection lies and truths dictate caution in interpreting them. (shrink)

Common law treats cases of misfire in which the actor has a valid defence in relation to either the intended victim or the victim actually harmed as particular instances of ‘transferred malice’. It is said that just as the actor’s intention is fictitiously ‘transferred’ from the intended victim to the victim harmed so are defences, meaning that any—and only—defences that would have been available to the actor had he harmed the intended victim will be granted to him with regard to (...) the harm caused to the actual victim. I argue that the blanket solution of transferring defences ‘as is’, without accounting for their differing rationales and their specific implications for cases of misfire, produces bad reasoning and oversimplified decisions—and should therefore be substituted by a separate examination of the actor’s liability with respect to each victim and each type of defence. However, I reject the more robust argument that commentators have made, that a conclusion against transferring defences entails a conclusion against transferred malice in general. I argue that the underlying logic of transferred malice—i.e., treating victims of equivalent wrongs alike—stays intact even if we excise from it the treatment of cross-victim defences. (shrink)

The article explores two recurring themes in the scholarly writings on ‘transferred malice’ the doctrine designed by Anglo-American law to allow full criminal responsibility where the defendant caused harm to a different object than the one he had in mind, due to either accident or mistake. First, in face of the diversity of views advocating the eradication of transferred malice, the article searches for the provinces in which that doctrine should still have relevance to our legal system. It is often (...) assumed that malice cannot transfer amongst different offences, which has led many scholars to conclude that the doctrine is superfluous. The analysis here offered counters both assumption and conclusion alike, as well as the common view that differentiates between the implications of accident and mistake. Second, reflecting on the different criteria proposed to restrict the implementation of transferred malice such as physical and immediate harm to the actual object, remoteness of the actual harm from the harm intended, and foreseeability as to the actual harm the article provides an analytical framework by which to assess these criteria and to determine which of them proves more persuasive. The result is a notion of transferred malice that strikes a favourable balance with the requirement of mens rea. (shrink)

Should we congratulate runners who participate and finish a marathon without winning it? Although it might seem that all who muster the will to do so deserve praise, this article questions whether self-regarding virtues, such as running a marathon, deserve it.

In this paper, I offer a conceptual framework for understanding and evaluating personal identity claims. I analyze ontological and political properties of personal identity separately, arguing that their conceptual (if not practical) separation is necessary for a proper evaluation of different identity claims. I use probability theory to bypass some of the logical difficulties in conceptualizing personal identity and discuss a case of transitional identification. Finally, I outline the guidelines for a justified liberal policy of recognition.

The article examines the basics of learning a foreign language. The fundamental foundations of this process are chosen. These judgments are made at the intersection of philosophical and pedagogical platforms. Therefore, research is of importance in both aspects, both philosophical and pedagogical. A new concept called ”Intuitive language base" is put forward. With the help of this concept, judgments about the fundamental foundations are made. The main issue explained within the framework of the concept is about words. Thus, it is (...) shown that, unlike the grammatical rules, words have a different fundamental aspect. At the same time, fundamental ideas about translation and scientific language are taken from this concept. In addition, the number of possible words in the world is calculated, judgments about creativity are put forward, fundamental issues such as the concept of the minilex and the music of the language are touched upon, and the attitude is expressed within the proposed concept. (shrink)

Criminal law doctrine fails to provide an adequate solution for imputing responsibility to organized crime leaders for the offenses committed by their subordinates. This undesirable state of affairs is made possible because criminal organizations adopt complex organizational structures that leave their superiors beyond the reach of the law. These structures are characterized by features such as the isolation of the leadership from junior ranks, decentralized management, and mechanisms encouraging initiative from below. They are found in criminal organizations such as the (...) American Mafia, the Japanese Yakuza, and even outlaw motorcycle gangs. The paper offers a doctrine that may transcend this shortcoming. Referred to as “leaders’ liability,” this doctrine will be assessed and appraised through a comparison with competing theories such as accomplice liability, Organisationsherrschaft , and conspiracy. (shrink)

Despite the fundamentally binary character of justification, an upsurge in recent Anglo-American scholarship offers some highly sophisticated and widely diverging conceptions of “partial justification” in criminal law. In the present article we identify eight distinct conceptions of partial justification. We find, however, that each of them is predicated on a different conceptual fallacy. Any sound concept of partial justification in criminal law ought to meet the dual challenge of utility and consistency: it should usefully convey a message that advances the (...) conduct-guiding function of criminal law and retain some consistency with the key attributes of complete justification, particularly its allowing function and the implications of its typically universal nature. We maintain that none of the conceptions offered to date meets this challenge. The different meanings attached to partial justification do not further the guiding function of criminal law beyond what is achieved by the scalar concept of wrongfulness; indeed, they undermine the guiding utility of criminal law by obscuring the distinction between the permissible and the impermissible, thereby also diminishing the expressivity of the criminal conviction. Furthermore, extending partial universality to the proposed notions of partial justification implausibly marks retaliating victims and intervening third parties, who react to allegedly partially justified conduct, as partly blameworthy, whereas present legal doctrine rightly affords them a full defense. (shrink)