Les situations de séparation conflictuelle entre parents peuvent provoquer une rupture du lien entre l’enfant et un de ses parents. L’espace de rencontre ( er ), en mettant en place des droits de visite encadrés, est alors le dernier recours de ces parents pour retisser un lien. Dans l’ er dont il est question dans cet article, les visites concernent principalement le père, la mère étant alors le parent gardien. Dans ce cadre ont été rencontrés des enfants qui affichaient une (...) volonté de rompre tout lien avec leur père, ce refus massif s’apparentant à un clivage de loyauté. Pour comprendre cette attitude, l’article interroge, à travers le cas de Marie, la dimension psychosociale de la fonction paternelle, la dimension intrapsychique et la dynamique relationnelle dans cette triade père-mère-enfant afin d’envisager le dispositif à mettre en place dans les situations de conflit de loyauté. (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 figure of the intellectual looms large in modern history, and yet his or her social place has always been full of ambiguity and ironies. Between Utopia and Dystopia is a study of the movement that created the identity of the universal intellectual: Erasmian humanism. Focusing on the writings of Erasmus and Thomas More, Hanan Yoran argues that, in contrast to other groups of humanists, Erasmus and the circle gathered around him generated the social space—the Erasmian Republic of Letters—that (...) allowed them a considerable measure of independence. The identity of the autonomous intellectual enabled the Erasmian humanists to criticize established customs and institutions and to elaborate a reform program for Christendom. At the same time, however, the very notion of the universal intellectual presented a problem for the discourse of Erasmian humanism itself. It distanced the Erasmian humanists from concrete public activity and, as such, clashed with their commitment to the ideal of an active life. Furthermore, citizenship in the Republic of Letters threatened to lock the Erasmian humanists into a disembodied intellectual sphere, thus undermining their convictions concerning intellectual activity and the production of knowledge. Between Utopia and Dystopia will be of interest to scholars and students interested in Renaissance humanism, early modern intellectual and cultural history, and political thought. It also has much to contribute to debates over the identity, social place, and historical role of intellectuals. (shrink)

The article examines Alberti’s dialogue Della famiglia as a reflection on the foundations of ethics and politics from the perspective of humanist discourse. The polyphonic work presents and critically examines several views. The authorial voice of the text rehearses the traditional philosophical view the humanists inherited, according to which humans are sociable by nature. However, some of the interlocutors reject this convenient view, implying that it cannot be squared with the humanist critique of the premises of mainstream classical and medieval (...) philosophy. Another line of argumentation in the dialogue attempts to harness the key humanist notion of gloria as the basis of human association, according to which humans self-interestedly seek fame and glory but to gain them they must promote the common good. But also this position is contested in the dialogue, with some arguing that the agonistic competition for glory produces envy and resentment rather than a civic spirit and as such threatens social cohesion. Finally, Della famiglia also explores the implications of the radical possibility that men and women are asocial creatures, by casting them as selfish economic actors who are only interested in making material gains. (shrink)

The Qur'an depicts fluctuating relations between Muslims and non-Muslims. While at times such relations can be conciliatory and harmonious, at others they are inimical, uneasy, or distant. Still, the Qur'an acknowledges the necessary ontological reality of the human difference. This is evidenced in many verses. Thus, I will argue that an “attentive” and “worldly” reading of the Qur'an is crucial to curb misunderstanding of the way ‘difference’ is perceived in Islam by Muslims and non-Muslims alike. A close reading is primarily (...) a multiple form of communication. It is needed to resist the networked systems of power and control dominated by images and mass media in the Arab world and Western. It is exceptionally important to free the interpretation of Qur'an from the grip of Muslim and non-Muslim extremists and Islamophobes who read some of its verses as evidence of essentialized enmity harbored by Muslims towards all non-Muslims. (shrink)

New materialism is one of the most important emerging trends in the humanities and social sciences, but it is also one of the least understood. This is because, as a term of ongoing contest...

Contrary to most interpretations, the article argues that the scandalous dimensions of Machiavelli's thought are the outcome of his critical reflections on humanist discourse. Machiavelli drew the radical conclusions from the humanist rejection of the classical and medieval vision of man as a creature with an objective telos, within a rational order of Being. From this perspective the article accounts for Machiavelli's separation of politics from ethics, his anti-Christian stance as well as his appreciation of the social and political importance (...) of religion, his views concerning corruption and the fragility of the political body, and ultimately his anthropological premises, notably his perception of man as a creature driven by indeterminate and insatiable desire. (shrink)

Name der Zeitschrift: Naharaim Jahrgang: 10 Heft: 1 Seiten: 39-55.

Over the previous three decades, the area of computer networks has progressed significantly, from traditional static networks to dynamically designed architecture. The primary purpose of software-defined networking is to create an open, programmable network. Conventional network devices, such as routers and switches, may make routing decisions and forward packets; however, SDN divides these components into the Data plane and the Control plane by splitting distinct features away. As a result, switches can only forward packets and cannot make routing decisions; the (...) controller makes routing decisions. OpenFlow is the communication interface between the switches and the controller. It is a protocol that allows the controller to identify the network packet’s path across the switches. This project uses the SDN environment to implement the firefly optimization algorithm to determine the shortest path between two nodes in a network. The firefly optimization algorithm was implemented using Ryu control. The results reveal that using the firefly optimization algorithm improves the selected short path between the source and destination. (shrink)

Humanism as form -- The construction of the Erasmian Republic of Letters -- Erasmian humanism : the reform program of the universal intellectual -- The politics of a disembodied humanist -- More's Richard III : the fragility of humanist discourse -- Utopia and the no-place of the Erasmian republic.

This article revisits the question of the modernity of the Renaissance by examining the political language of Florentine civic humanism and by critically analyzing the debate over Hans Baron’s interpretation of the movement. It engages two debates that are usually conducted separately: one concerning the originality of civic humanism in comparison to medieval thought, and the other concerning the political and social function of the civic humanists’ political republicanism in fifteenth-century Florence. The article’s main contention is that humanist political discourse (...) rejected the perception of social and political reality as being part of, or reflecting, a metaphysical and divine order or things, and thus undermined the traditional justifications for political hierarchies and power relations. This created the conditions of possibility for the distinctively modern aspiration for a social and political order based on liberty and equality. It also resulted in the birth of a distinctively modern form of ideology, one that legitimizes the social order by disguising its inequalities and structures of domination. Humanism, like modern political thought generally, thus simultaneously constructs and reflects the dialectic of emancipation and domination so central to modernity itself. (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)

In this short but pointed “Open Letter,” Ashrawi lists a number of aggressions perpetrated by Israeli troops and armed settlers against Palestinian civilians in the Occupied Territories, to redress the ”converse version of reality” promoted by U.S. Secretary of State Madeleine Albright, who claims that the U.S. seeks to be “an even-handed peace broker,” yet presents Israel as a victimized, besieged country, rather than an occupying force guilty of grievous UN-recognized crimes against humanity.

This research suggests a comparison between two tasks to evaluate oral communication strategies (CSs) through storytelling and interview and to compare the use of CSs between high and low proficient students. The results of the storytelling and oral interview are compared to check if CSs vary with the task and what tasks are better for each of the selected CSs. A number of 60 Spanish learners of English participated in this investigation, and a total of 232 protocols were analysed to (...) obtain the results. The main results are that CSs vary to adapt to task demands and that the frequency and type of CSs used by the students are affected by the level of proficiency of the students. This highlights the importance of selecting the appropriate task for the evaluation to be significant and the necessity to adapt the syllabus to include elements that introduce some productive CSs. (shrink)

Machiavelli’s historical writings, notably the Discourses on Livy and the Florentine Histories, continued the tradition of the humanist historical enterprise. They were informed by th...

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)

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)

How should we assess programs dedicated to education in virtue? One influential answer draws on quantitative research designs. By measuring the inputs and processes that produce the highest levels of virtue among participants according to some reasonable criterion, in this view, we can determine which programs engender the most desired results. Although many outcomes of character education can undoubtedly be assessed in this way, taken on its own, this approach may support favorable judgments about programs that indoctrinate rather than educate, (...) because education in character entails teleological thinking that is volitional not merely determined. I argue instead that proper assessment of virtue requires an expansive view of character education in both particular and common goods that avoids the tendency to indoctrinate and an inclusive conception of measurement that takes into account qualitative in addition to quantitative methodologies. (shrink)

In this paper I ask how educational researchers can believe the subjective perceptions of qualitative participant-observers given the concern for objectivity and generalisability of experimental research in the behavioural and social sciences. I critique the most common answer to this question within the educational research community, which posits the existence of two (or more) equally legitimate epistemological paradigms—positivism and constructivism—and offer an alternative that places a priority in educational research on understanding the purposes and meanings humans attribute to educational practices. (...) Only within the context of what I call a transcendent view from somewhere—higher ideals that govern human activities—can we make sense of quantitative as well as qualitative research findings. (shrink)

_ Source: _Volume 24, Issue 2, pp 224 - 278 This article discusses the anonymous early kabbalistic work _Sefer Maʿayan ha-Ḥokhmah_, one of the pivotal works of ʿIyyun literature. The first part deals with the book’s historical and literary aspects. The second part interprets a specific formulation in light of the basic ideas of the book itself, presenting the twofold pattern as a mystical type and as a grounding for linguistic-theological theory. The third part discusses the term “positive theology” in (...) the theosophical and religious dimension, from the phenomenological perspective of extrovertive mysticism, and as a linguistic structure that provides the layer of signs as a stable basis for the restrained progress of Tongue. Acquiring the source as hidden but attendant by its constant grounding as a part of linguistic progression, uses the bifocal sight of binary extrovertive mysticism to denote the twofold structure of each being and each part of speech. (shrink)

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)

The book provides a comprehensive and principled account of the uncertainty problem that arises in tort litigation. It presents and critically examines the existing doctrinal solutions of the problem, as evolved in England, the United States, Canada, and Israel, and also offers a number of original solutions, such as imposition of collective liability and liability for evidential damage. Among the issues dealt with by the book are rapidly developing areas of tort law, such as mass torts, liability for imposing risk (...) and the like. The book combines the traditional doctrinal depiction of the law with general theoretical insights that include economic analysis. (shrink)

This chapter contains sections titled: Religion Spirituality Education.

In standard economic models, two basic assumptions are made: the first, that actors are rational, and the second, that actors’ preferences are a given and exogenously determined. Behavioral economics — followed by behavioral law and economics — has questioned the first assumption. This Article challenges the second one, arguing that in many instances, social welfare should be enhanced not by maximizing satisfaction of existing preferences but by changing the preferences themselves. The Article identifies seven categories of cases where the traditional (...) objections to intentional preference change by the state and the law lose force and argues that in these cases, such a change warrants serious consideration. It then proposes four different modes of intervention in people’s preferences, varying in intensity, on the one hand, and in the identity of their addressees, on the other, and explains the relative advantages and disadvantages of each form of intervention. (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...

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)

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)

Negligence law is built around the paradigmatic case of a person who unreasonably preferred his own interests to those of others and, as a result, caused damage to another person. However, this case is not representative of all instances of negligence. In some cases, the negligent injurer failed in balancing between the interests of the victim alone; in other cases, he failed in balancing between the victim’s interests and those of a third party; sometimes the injurer failed in balancing the (...) victim’s interests and the interests of the public or of society as a whole; and in yet other instances, he failed in balancing between his own interests. This article argues that the law should not treat in the same manner the different types of instances of failure in balancing between interests. Both justice and deterrence considerations mandate different treatment for the different types of instances, in accordance with the type of interests that the negligent injurer failed to balance. The article focuses on the typical types of balances of interests that the potential injurer is required to conduct before taking action, with the aim of determining the degree to which it is crucial to impose tort liability in each type of case. The article also examines whether prevailing negligence law is compatible with the thesis developed in the article and proposes tools for achieving such compatibility. (shrink)

An interesting feature of the language of many Daoist texts is their atypical idealization of Darkness and Obscurity, which contrasts with the positive connotations of Light and Clarity in virtually all great philosophical traditions. This article highlights a formerly unnoted difference between the received and the excavated Guodian 郭店 versions of the Laozi 老子, which reveals an interesting change in the use of Light/Darkness symbolism through the evolution of the text: while the received Laozi uses both metaphorical schemes to roughly (...) the same extent, the presumably earlier Guodian Laozi lacks almost all of the “bright” references that appear in later recensions, thus constituting a much “darker” version of the text. The article discusses the philosophical meaning of this terminological shift and the possible reasons for its occurrence, and closely analyzes three cases in which this process of “textual illumination” seems to have taken place during the transition between the Guodian and received version of the text. Alongside more specific implications such as the formerly unknown linkage between ming 明 and chang 常, a suggested stratification of chapter 55, and the possible relationship between the proto-Laozian materials and the Zhuangzi 莊子, this article also proposes a more general hypothesis according to which the absence of light metaphors in the Guodian version represents the jargon of an earlier “dark” stratum of Daoism, traces of which were preserved in some of the texts known to us today. (shrink)