Recent marketing theory uses the Jungian concept of the archetype to design strategies for the improvement of product selling. Mark and Pearson propose that archetypes such as the ruler, the hero, the outlaw, and the sage are useful in promoting a product. This article suggests that the concept of archetypes as well as myths such as the Prometheus myth and the myth of the expulsion from Paradise, when combined with the insights offered by Mark and Pearson, may help in understanding (...) the management of trials of dissent as well. The article presents seven motifs that recur in trials of dissent and shows how they form a part of the phenomenon of the political management of dissent: the demonization and otherization of defendants and their supporters; the tendency to employ the charge of conspiracy and thus target a group rather than a single individual; the bending of the laws of procedure; the utilization of previously-untested substantive charges; the appeal made by each side to an external principle or vision--typically, the government resorts to the law of necessity whereas the defense resorts to natural law or a vision of "true justice" ; focus on the judge as manipulator of laws; and the appellate court assuming the role of the ultimate sage, performing its task with balance and detachment. The appellate court may use softer rhetoric in an effort to minimize the damage to the appearance of legality. When it does so, the rule of law is reaffirmed as a concept that benefits all sides; there is thus unity in the commitment to the rule of law, not to patriotism or to identification with the government. In addition, an effort is made to reaffirm the maxim that the government is a government of law, not of men. (shrink)
Following independence in 1948, the Hebrew University of Jerusalem founded a law faculty and modeled it on the European example. Today, the Israeli law faculty is much more similar to the U.S. law school than to institutions of legal education in Europe. This Article traces the history of the changes in Israeli legal education. It argues that the shift began after 1967, faced resistance in the 1980s, and gained momentum in the 1990s. Presently we may be witnessing the beginning of (...) a shift away from U.S. influence and back to Continental Europe or even Asia. The Article discusses three major educational components, which together signaled the shift to U.S. influence: a student-run law review, curricular reform, and open and lively class discussion. The Article then offers several factors to explain the shift: judicial opinions that began to rely on American decisional law, the adoption of the U.S. model of practice by the legal profession, the privatization of law schools, globalization, and Americanization and foreign affairs. Finally, the Article considers the contribution to Americanization made by active U.S. attempts to export American law to other legal systems. (shrink)
I argue that, contrary to some critics, the notion of conscious experience is a good candidate for denoting a distinct and scientifically interesting phenomenon in the brain. I base this claim mainly on an analysis of neuropsychological data concerning deficits resulting from various types of brain damage as well as some additional supporting empirical evidence. These data strongly point to the hypothesis that conscious experience expresses information that is available for global, integrated, and flexible behavior.
Non-classical negations may fail to be contradictory-forming operators in more than one way, and they often fail also to respect fundamental meta-logical properties such as the replacement property. Such drawbacks are witnessed by intricate semantics and proof systems, whose philosophical interpretations and computational properties are found wanting. In this paper we investigate congruential non-classical negations that live inside very natural systems of normal modal logics over complete distributive lattices; these logics are further enriched by adjustment connectives that may be used (...) for handling reasoning under uncertainty caused by inconsistency or undeterminedness. Using such straightforward semantics, we study the classes of frames characterized by seriality, reflexivity, functionality, symmetry, transitivity, and some combinations thereof, and discuss what they reveal about sub-classical properties of negation. To the logics thereby characterized we apply a general mechanism that allows one to endow them with analytic ordinary sequent systems, most of which are even cut-free. We also investigate the exact circumstances that allow for classical negation to be explicitly defined inside our logics. (shrink)
We argue that the so-called "property-dualist" theory of consciousness is consistent both with current neurobiological data and with modern theories of physics. The hypothesis that phenomenal properties are global properties that are irreducible to microphysical properties, whose role is to integrate information across large portions of the brain, is consistent with current neurobiological knowledge. These properties can exercise their integration function through action on microscopic structures in the neuron without violating the laws of quantum mechanics. Although we offer no positive (...) argument for the existence of irreducibly global properties, the conclusion is that this view is a scientifically respectable hypothesis that deserves to be investigated. (shrink)
Within the controversy between the combinatorial and the connectionist approaches to cognition it has been argued that our semantic and syntactic capacities provide evidence for the combinatorial approach. In this paper I offer a counter-weight to this argument by pointing out that the same type of considerations, when applied to the pragmatics of adjectives, provide evidence for connectionism.
For anyone who wishes to make philosophy relevant to our everyday life, the Meditations by the Roman emperor Marcus Aurelius is a fascinating text. It is fascinating because it not only presents a deep conception about life, but also mentions practical ways of applying this conception to everyday life.The Meditations is a Stoic text which contains some central ideas already found in earlier Stoic writings and develops them in an engaging way. Several prominent historians of philosophy, notably Pierre Hadot2 and (...) A.A. Long3 , interpret it as a personal notebook of Stoic exercises, or what Hadot calls “spiritual exercises.”4 The idea is that the emperor’s primary purpose in writing this text was not to describe or speculate, but rather to practice. His purpose was not to record his thoughts and actions but to influence them, and thus to direct himself towards the good life.The view that the Meditations is a book of Stoic exercises makes this text especially relevant for philosophical practice. Philosophical practice is a modern approach that seeks to use philosophical thought for dealing with our personal predicaments, enriching our self-understanding, and thus living more deeply, fully, and with greater wisdom.5 Philosophical practice can take different shapes: as philosophical counseling between a philosopher and a counselee; as a workshop of self-examination directed by a philosopher; as a companionship of fellow philosophical seekers; but it can also be practiced by an individual who seeks to live philosophically, just like Marcus Aurelius. Thus, the Meditations can be seen as one of the ancient precursors of modern philosophical practice. (shrink)
Persons exhibiting mutations in two tumor suppressor genes, BRCA1 and BRCA2, have a greatly increased risk of developing breast and/or ovarian cancer. The incidence of BRCA gene mutation is very high in Ashkenazi Jewish women of European descent, and many issues can arise, particularly for observant Orthodox women, because of their genetic status. Their obligations under the Jewish code of ethics, referred to as Jewish law, with respect to the acceptability of various risk-reducing strategies, may be poorly understood. In this (...) article the moral direction that Jewish law gives to women regarding testing, confidentiality, and other issues is explored. The intent is to broaden nurses' knowledge of how a particular religious tradition could impact on decision making around genetics testing, with the aim of enhancing their understanding of culturally sensitive ethical care. (shrink)