In this paper I present and defend a highly demanding principle of justice in education that has not been seriously discussed thus far. According to the suggested approach, “all the way equality”, justice in education requires nothing short of equal educational outcome between all individual students. This means not merely between equally able children, or between children from different groups and classes, but rather between all children, regardless of social background, race, sex and ability. This approach may seem implausible at (...) first, due to the far-reaching implications it entails, primarily its requirement to deny better-off children their advantage for the sake of equality. However the paper argues that all-the-way-equality, in fact, does a better job realizing the goals of justice in education than alternative conceptions of justice. It is further argued that at least some of the principle’s most radical consequences, those that make it seem counterintuitive, can be mitigated by balancing all-the-way-equality with competing interests. (shrink)

In Less Than Nothing, the pinnacle publication of a distinguished career, Slavoj i ek argues that it is imperative that we not simply return to Hegel but that we repeat and exceed his triumphs, overcoming his limitations by being even more ...

The military service of combat soldiers may pose many threats to their well being and often take a toll on body and mind, influencing the physical and emotional make-up of combatants and veterans. The current study aims to enhance our knowledge about the combat experiences and the challenges that female soldiers face both during and after their service. The study is based on qualitative methods and narrative analysis of in-depth semi-structured personal interviews with twenty military veterans. It aims to analyze (...) the narratives of American and Israeli female combat soldiers regarding their military service, with emphasis on the soldiers’ descriptions, in their own words, about their difficulties, challenges, coping and successes during their service and transition to civilian life. A recurring theme in the interviews with the veterans of both militaries was the need to be heard and the fact that societies, therapists, and military institutions do not always truly listen to female veterans’ experiences and are not really interested in what actually ails them. Our research suggests that conventional methods used in research relating to veterans might at times be inadequate, because the inherent categorization might abstract, pathologize, and fragment a wide array of soldiers’ modes of post-combat being. Moreover, female veterans’ voices will not be fully heard unless we allow them to be active participants in generating knowledge about themselves. (shrink)

Why Law Matters argues that public institutions and legal procedures are valuable and matter as such, irrespective of their instrumental value. Examining the value of rights, public institutions, and constitutional review, the book criticises instrumentalist approaches in political theory, claiming they fail to account for their enduring appeal.

This paper provides an economic justification for the exemption from liability for omissions in torts and for the exceptions to this exemption. It interprets the differential treatment of acts and omissions under tort law as a proxy for a more fundamental distinction between harms caused by multiple injurers, where each one can single-handedly prevent the harm, and harms caused by a single injurer. Since the overall cost to which a group of injurers is exposed is constant, attributing liability to many (...) injurers reduces the part each has to pay and, consequently, reduces each one’s incentives to take precautions. Broad exemption from liability for omissions is a way of carving a simple, practical rule to distinguish between the typical cases in which an agent can be easily selected and provided with sufficient incentives and cases in which there is a serious problem of dilution of liability. The exceptions to the rule exempting from liability for omissions are explained in terms of efficiency. The imposition of liability for omissions depends on the ability to identify a salient agent, i.e., to single out one or few liable agents and differentiate their role from that of others. Tort law designs three types of "salience rules." It either creates salience directly, or it can exploit salience created "naturally," or it can induce injurers to create salience voluntarily. (shrink)

L'altérité est l'un des phénomènes les plus étudiés et l'un des concepts les plus utilisés au cours des trente dernières années, mais c'est aussi une notion des plus polysémiques et des plus controversées, jusque dans les usages idéologiques qu'on peut en faire aujourd'hui. Ce livre interroge les bases philosophiques, le contexte sociohistorique et la portée éthique et esthétique de ce phénomène ou de cette notion à la lumière de ses différentes valeurs. L'autre est à la fois l'étranger, exclu ou minorisé, (...) pour les études culturelles, l'un des pôles de la construction identitaire pour certaines théories du sujet, l'expression même de la Loi et du Symbolique pour d'autres, la figure emblématique de la responsabilité pour une certaine pensée éthique, le fondement de toute relation intersubjective et de tout dialogisme ou, plus radicalement encore, la manifestation de la nature essentiellement hétérogène de l'existence. Chaque fois, ce qui est en jeu concerne nos manières de vivre-ensemble et nos façons de faire et de créer. Les auteurs réunis dans cet ouvrage analysent les "politiques de l'altérité" que notre histoire impose ou propose comme choix de société et " les poétiques de l'autre" que les différentes pratiques artistiques, ancrées dans la mémoire et l'imaginaire collectifs, déploient comme possible ou comme alternative face à notre situation historique. (shrink)

Criminal sanctions are typically inflicted by the state. The central role of the state in determining the severity of these sanctions and inflicting them requires justification. One justification for state-inflicted sanctions is simply that the state is more likely than other agents to determine accurately what a wrongdoer justly deserves and to inflict a just sanction on those who deserve it. Hence, in principle, the state could be replaced by other agents, for example, private individuals. This hypothesis has given rise (...) to recent calls to reform the state's criminal justice system by introducing privately inflicted sanctions, for example, shaming penalties, private prisons, or private probationary services. This paper challenges this view and argues that the agency of the state is indispensable to criminal sanctions. Privately inflicted sanctions sever the link between the state's judgments concerning the wrongfulness of the action and the appropriateness of the sanction and the infliction of sufferings on the criminal. When a private individual inflicts punishment, she acts on what she and not the state judges to be a justified response to a criminal act. Privately inflicted sanctions for violations of criminal laws are not grounded in the judgments of the appropriate agent, namely the state. It is impermissible on the part of the state to approve, encourage, or initiate the infliction of a sanction on an alleged wrongdoer on the basis of a private judgment. Such an approval grants undue weight to the private judgment of the individual who inflicts the sanction. (shrink)

Book synopsis: In this combative major new work, philosophical sharpshooter Slavoj Zizek looks for the kernel of truth in the totalitarian politics of the past. Examining Heidegger's seduction by fascism and Foucault's flirtation with the Iranian Revolution, he suggests that these were the 'right steps in the wrong direction.' On the revolutionary terror of Robespierre, Mao and the bolsheviks, Zizek argues that while these struggles ended in historic failure and horror, there was a valuable core of idealism lost beneath the (...) bloodshed. A redemptive vision has been obscured by the soft, decentralized politics of the liberal-democratic consensus. Faced with the coming ecological crisis, Zizekk argues the case for revolutionary terror and the dictatorship of the proletariat. A return to past ideals is needed despite the risks. In the words of Samuel Beckett: 'Try again. Fail again. Fail better.'. (shrink)

The latest book by the Slovenian critic Slavoj Zizek takes the work of French philosopher Gilles Deleuze as the beginning of a dazzling inquiry into the realms of radical politics, philosophy, film (Hitchcock, Fight Club ), and psychoanalysis. Of Organs without Bodies Joan Copjec ( Imagine There's No Woman ) has written: "With all his ususal humor and invention, Zizek -- the acknowledged master of the 180 degree turn -- here takes a trip into "enemy" territory to deliver Deleuze of (...) a marvelously rebellious child, one that seriously challenges Deleuze's other progeny with a surprising but convincing bid for succession. Those who thought Deleuze's forward march into the future would follow a straight path are forced to rethink their stance. From now on all readings of Deleuze will have to take a detour through this important -- even necessary -- book." Eric Santner ( On the Psychopathology of Everyday Life ) describes Organs without Bodies as offering "an entirely new degree of conceptual clarity and political urgency. Through his deep engagement with the logic of Deleuze's project, Zizek opens up new possibilities of thought beyond the terms of the current political debates on globalization, democratization, war on terror. Once again, Zizek has produced an utterly timely and radically untimely meditation." Recently profiled in The New Yorker , and hailed by the Village Voice as "the giant of Ljubljana," Zizek is one of the most provocative and entertaining thinkers at work today. (shrink)

AI-based algorithms are used extensively by public institutions. Thus, for instance, AI algorithms have been used in making decisions concerning punishment providing welfare payments, making decisions concerning parole, and many other tasks which have traditionally been assigned to public officials and/or public entities. We develop a novel argument against the use of AI algorithms, in particular with respect to decisions made by public officials and public entities. We argue that decisions made by AI algorithms cannot count as public decisions, namely (...) decisions that are made in the name of citizens and that this fact should be taken into consideration when utilizing AI to replace public officials. (shrink)

This chapter contains section titled: Introduction The Nature of Rights: Logic, Substance, and Strength Rights and Their Role in Moral Theory Conclusion References.

Whenever the membranes of the egg in which the foetus emerges on its way to becoming a new-born are broken, imagine for a moment that something flies off, and that one can do it with an egg as easily as with a man, namely the hommelette, or the lamella. The lamella is something extra-flat, which moves like the amoeba. It is just a little more complicated. But it goes everywhere. And as it is something - I will tell you shortly (...) why - that is related to what the sexed being loses in sexuality, it is, like the amoeba in relation to sexed beings, immortal - because it survives any division, and scissiparous intervention. And it can turn around. Well! This is not very reassuring. But suppose it comes and envelopes your face while you are quietly asleep... I can't see how we would not join battle with a being capable of these properties. But it would not be a very convenient battle. This lamella, this organ, whose characteristic is not to exist, but which is nevertheless an organ - I can give you more details as to its zoological place - is the libido. It is the libido, qua pure life instinct, that is to say, immortal life, irrepressible life, life that has need of no organ, simplified, indestructible life. It is precisely what is subtracted from the living being by virtue of the fact that it is subject to the cycle of sexed reproduction. And it is of this that all the forms of the objet a that can be enumerated are the representatives, the equivalents. Every word has a weight here, in this deceivingly poetic description of the mythic creature called by Lacan "lamella". Lacan imagines lamella as a version of what Freud called "partial object": a weird organ which is magically autonomized, surviving without a body whose organ it should have been, like a hand that wonders around alone in early Surrealist films, or like the smile in Alice in Wonderland that persists alone, even when the Cheshire cat's body is no longer present: "'All right', said the Cat; and this time it vanished quite slowly, beginning with the end of the tail, and ending with the grin, which remained some time after the rest of it had gone. 'Well! I've often seen a cat without a grin', thought Alice; 'but a grin without a cat! It's the most curious thing I ever saw in my life!'" The lamella is an entity of pure surface, without the density of a substance, an infinitely plastic object that can not only incessantly change its form, but can even transpose itself from one to another medium: imagine a "something" that is first heard as a shrilling sound, and then pops up as a monstrously distorted body. A lamella is indivisible, indestructible, and immortal - more precisely, undead in the sense this term has in horror fiction: not the sublime spiritual immortality, but the obscene immortality of the "living dead" which, after every annihilation, re-composes themselves and clumsily goes on. As Lacan puts it in his terms, lamella does not exist, it insists: it is unreal, an entity of pure semblance, a multiplicity of appearances which seem to envelop a central void - its status is purely fantasmatic. This blind indestructible insistence of the libido is what Freud called "death drive," and one should bear in mind that "death drive" is, paradoxically, the Freudian name for its very opposite, for the way immortality appears within psychoanalysis: for an uncanny excess of life, for an "undead" urge which persist beyond the cycle of life and death, of generation and corruption. This is why Freud equates death drive with the so-called "compulsion-to-repeat," an uncanny urge to repeat painful past experiences which seems to outgrow the natural limitations of the organism affected by it and to insist even beyond the organism's death - again, like the living dead in a horror film who just go on. This excess inscribes itself into the human body in the guise of a wound which makes the subject "undead," depriving him of the capacity to die : when this wound is healed, the hero can die in peace. (shrink)

The state has a duty to protect individuals from violations of their basic rights to life and liberty. But does the state have a duty to criminalize such violations? Further, if there is a duty on the part of the state to criminalize violations, should the duty be constitutionally entrenched? This paper argues that the answer to both questions is positive. The state has a duty not merely to effectively prevent violations of our rights to life and liberty, but also (...) to criminalize such violations. Further, the duty to criminalize ought to be constitutionally entrenched. In the absence of criminal prohibitions on violations of the right to life and liberty individuals live ‘at the mercy’ of others. In the absence of a constitutional duty to criminalize, life and liberty of individuals is contingent upon the judgments and inclinations of the legislature. In both cases citizens’ rights are ‘at the mercy of others’. I also show that the decisions of the German Constitutional Court concerning abortion can be justified on such grounds. (shrink)

Legal philosophers often ask whether a person has a reason to obey the law simply because it is the law. We ask the contrary question: does a person have a reason to disobey the law simply because it is the law? Many philosophers who have considered the question of disobedience have focused on injustice; others have defended disobedience on libertarian or anarchist grounds. In contrast, we argue that there is a content-independent reason to disobey the law even when it is (...) not unjust, illegitimate, or otherwise undesirable. Legal philosophers generally agree that law claims peremptory authority, but they also generally agree that any duty to obey the law is substantially more limited. We argue that insofar as the law makes inflated claims to authority, it generates a content-independent reason to disobey. This anti-authoritarian principle is grounded in the virtue of clearly communicating one’s political commitments to others within a democratic society. By disobeying, one communicates one’s conviction that the law makes inflated claims to authority. We show how our account of disobedience as such is distinct from more familiar theories of anarchism and civil disobedience and argue that it is applicable whether one lives under conditions of justice or injustice. (shrink)

The importance of education and its profound effect on people's life make it a central issue in discussions of distributive justice. However, promoting distributive justice in education comes at a price: prioritising the education of some, as is often entailed by the principles of justice, inevitably has negative effects on the education of others. As a result, all theories of distributive justice in education face the challenge of balancing their requirements with conflicting interests. This article aims to contribute to developing (...) an account of conflicting interests by identifying a category of conflicting interests—non-positional conflicting interests—the realisation of which does not necessarily disrupt distributive justice. Non-positional conflicting interests include, for example, the interest in realising one's full potential and parents’ interest in familial relations. The article argues that the core dimensions of non-positional conflicting interests can usually be realised without upsetting distributive justice, and that actions that do upset distributive justice tend to be peripheral to these interests. Either way, there is no severe friction between distributive justice and non-positional conflicting interests: in the former cases, both are realised simultaneously. In the latter, tension exists; however, because the infringement on the conflicting interest is of relatively little weight, it is often justified, all things considered, in order to promote distributive justice. The conclusion is that while there are indeed cases in which distributive justice must retreat in the face of other interests, the friction between distributive justice and other interests is actually weaker than meets the eye. (shrink)

This is an introduction to the special issue on criminal law theory.

Fertility treatments, which are part of "assisted reproductive technologies" (ART), mainly undertaken through in vitro fertilization (IVF), offer the opportunity to infertile couples to conceive. IVF treatments are undertaken in Israel in significantly higher numbers than in the rest of the world. As such, Israel provides an important case-in-point for examining the validity of the actual claims used to justify the more generous public funding of IVF treatments at the policy level. In this article, we utilize an analytical philosophy approach (...) to conduct this examination. First, we highlight two fundamental concepts that were used at the Israeli public policy level in order to justify the generous public funding of IVF treatments. These concepts are “emotional vulnerability” and the “worthlessness of the childless,” where the latter emphasizes the infinite value of children. Then, by applying the perspective of the European model of Bioethical Principlism, and focusing the attention to these two concepts we show that these justifications are invalid. Specifically, it is suggested that these concepts are on the one hand both relying on and expressing the principles of vulnerability, dignity, and integrity; yet on the other hand, these concepts are also undermining the very principles of bioethics they are supposed to express and rely on. Based on this suggested criticism, we offer two “take home” messages informed by our analysis of the Israeli case, but reaching beyond it. (shrink)

As a slew of recent work in epistemology has brought out, there is a range of cases where there's a strong temptation to say that prudential and (especially) moral considerations affect what we ought to believe. There are two distinct models of how this can happen. On the first, “reasons pragmatist” model, the relevant prudential and moral considerations constitute distinctively practical reasons for (or against) belief. On the second, “pragmatic encroachment” model, the relevant prudential and moral considerations affect what one (...) is epistemically justified in believing. The pragmatic encroachment model appears to have several advantages over reasons pragmatism, and this has led many recent philosophers to endorse the former. However, in this paper we argue that a version of reasons pragmatism can be (at least largely) saved from these purported disadvantages once paired with an independently plausible permissivism about epistemically justified outright belief. This hybrid view—“permissivist pragmatism”—holds that when there is more than one epistemically permitted doxastic attitude, practical (including moral) considerations can determine which epistemically permitted doxastic attitude one all-things-considered ought to have. This view avoids both the problems faced by simple versions of reasons pragmatism, and those that distinctively attend pragmatic encroachment, while preserving the advantages of each view. (shrink)

In Computers Ltd, David Harel, best-selling author of Algorithmics, explains and illustrates one of the most fundamental, yet under-exposed facets of computers - their inherent limitations. Looking at the bad news that is proven, lasting, and robust, discussing limitations that no amounts of hardware, software, talents, or resources can overcome, the book presents a disturbing and provocative view of computing at the start of the 21st century.

Journal of Social Philosophy, EarlyView.

The meritocratic principle of educational justice maintains that it is unfair that individuals with similar ability who invest equal effort, have unequal educational prospects. In this paper I argue that the conception of ability that meritocracy assumes, namely as an innate trait, is critically flawed. Absent a coherent conception of ability, meritocracy loses its ability to morally evaluate educational practices and policies, rendering it an unworkable principle of educational justice. Replacing innate ability with an alternative conception of ability is, therefore, (...) crucial for meritocratic educational justice. I propose incorporating an alternative conception of ability into meritocracy—as the ″current limits of student ability″. The account of meritocracy that follows entails that unequal educational prospects are fair only when they result from the constraints of individual potential (or from differential effort). I argue that this potential-based account of meritocracy, though demanding, is a plausible and attractive account of educational justice. (shrink)

We study structures equipped with generic predicates and/or automorphisms, and show that in many cases we obtain simple theories. We also show that a bounded PAC field is simple. 1998 Published by Elsevier Science B.V. All rights reserved.

Over the last decade, the efforts towards unraveling the complex interplay between the brain, body, and environment have set a promising line of research that utilizes neuroscience to study human performance in natural work contexts such as aviation. Thus, a new discipline called neuroergonomics is holding the promise of studying the neural mechanisms underlying human performance in pursuit of both theoretical and practical insights. In this work, we utilized a neuroergonomic approach by combining insights from ecological psychology and embodied cognition (...) to study flight expertise. Specifically, we focused on the Mirror Neuron system as a key correlate for understanding the interaction between an individual and the environment, suggesting that it can be used to index changes in the coupling of perception-action associated with skill development.In this study, we measured the EEG mu suppression as a proxy of the Mirror Neuron system in experts (pilots) and novices while performing a distance estimation task in a landing scenario. To survey the specificity of this measure, we considered central, parietal and occipital electrode pools and analyzed alpha (8-13 Hz) and beta (18-25 Hz) rhythm bands. We hypothesized that in experts vs. novices, specific neural sensorimotor brain activity would underpin the connection between perception and action in an in-flight context. Preliminary results indicate that alpha and beta suppression was area-specific irrespective of groups, present in the central electrodes placed over the motor areas. Group analysis revealed that specifically alpha mu rhythm, but not beta, was significantly more suppressed in pilots vs. novices. Complementing these findings we found a trend in which the strength of mu suppression increased with the sense of presence experienced by the pilots. Such sensorimotor activation is in line with the idea that for a pilot, a distance judgment is intimately associated with the function of landing. This reflects the ability to use optical invariants to see the world in terms of the capabilities of the aircraft (e.g., reachability and glide angle).These preliminary findings support the role of embodied simulation mechanisms in visual perception and add important insights into a practical understanding of flight expertise, suggesting sensorimotor mechanisms as potential neuro-markers. (shrink)

Why Law Matters examines various legal and political institutions and procedures and argues that the desirability of these institutions and procedures is not contingent and does not hinge on the prospects that these institutions are conducive to the realization of valuable ends. Instead, various legal institutions and legal procedures that are often perceived as contingent means to facilitate the realization of valuable ends matter as such.

On the dominant contemporary accounts of how practical considerations affect what we ought to believe, practical considerations either encroach on epistemic rationality by affecting whether a belief is epistemically justified, or constitute distinctively practical reasons for belief which can only affect what we ought to believe by conflicting with epistemic rationality. This paper shows that a promising alternative view can be found in a surprising source: the writings of Søren Kierkegaard. I argue that in light of two of his central (...) epistemological commitments—belief-credence dualism and epistemic permissivism about outright belief—Kierkegaard holds that practical considerations can affect what we ought to believe without either encroaching on or (necessarily) conflicting with epistemic rationality. The central idea is that practical considerations can determine which among the epistemically permitted outright doxastic attitudes one should all-things-considered adopt. In addition to constituting a novel, systematic interpretation of Kierkegaard’s account of how practical considerations affect what we ought to believe, this suggests that Kierkegaard holds a distinctive and underexplored view that constitutes a serious philosophical rival to dominant contemporary views. (shrink)

Kierkegaard’s pseudonym Johannes Climacus famously defines faith as a risky “venture” that requires “holding fast” to “objective uncertainty.” Yet puzzlingly, he emphasizes that faith requires resolute conviction and certainty. Moreover, Climacus claims that all beliefs about contingent propositions about the external world “exclude doubt” and “nullify uncertainty,” but also that uncertainty is “continually present” in these very same beliefs. This paper argues that these apparent contradictions can be resolved by interpreting Climacus as a belief-credence dualist. That is, Climacus holds that (...) beliefs and credences (i.e., degrees of belief) are two irreducibly distinct types of mental states. Beliefs are resolutions that close inquiry, thereby excluding doubt and reflecting subjective certainty by disregarding the possibility of error. Credences, by contrast, reflect assessments of evidential probabilities, thereby encoding a recognition of “objective uncertainty” by acknowledging the possibility of error. In addition to solving a vexing interpretive puzzle and showing how Kierkegaard anticipates contemporary views about the nature of belief and credence, this paper demonstrates that Kierkegaard developed a sophisticated account of the nature of belief, doubt, and certainty that merits serious philosophical consideration. (shrink)

With a new introduction by the author In this deliciously polemical work, a giant of cultural theory immerses himself in the ideas of a giant of French thought.