This book addresses a dilemma at the heart of counter-terrorism: Is it ever justifiable to torture terrorists when innocent lives are at stake? The book analyses the moral arguments and presents a passionate defence of prohibition. It also examines current State practice and the models of legalising torture suggested in Israel and the US.

Currently, the dominant enforcement paradigm is based on the idea that states deal with 'bad people' - or those pursuing their own self-interests - with laws that exact a price for misbehavior through sanctions and punishment. At the same time, by contrast, behavioral ethics posits that 'good people' are guided by cognitive processes and biases that enable them to bend the laws within the confines of their conscience. In this illuminating book, Yuval Feldman analyzes these paradigms and provides a (...) broad theoretical and empirical comparison of traditional and non-traditional enforcement mechanisms to advance our understanding of how states can better deal with misdeeds committed by normative citizens blinded by cognitive biases regarding their own ethicality. By bridging the gap between new findings of behavioral ethics and traditional methods used to modify behavior, Feldman proposes a 'law of good people' that should be read by scholars and policymakers around the world. (shrink)

The scandal to philosophy and human reason, wrote Kant, is that we must take the existence of material objects on mere faith . In contrast, the skeptical paradox that has scandalized recent philosophy is not formulated in terms of faith, but rather in terms of justification, warrant, and entitlement. I argue that most contemporary approaches to the paradox (both dogmatist/liberal and default/conservative) do not address the traditional problem that scandalized Kant, and that the status of having a warrant (or justification) (...) that is derived from entitlement is irrelevant to whether we take our beliefs on mere faith. For, one can have the sort of warrant that most contemporary anti-skeptics posit while still taking one’s belief on mere faith. An alternative approach to the traditional problem is sketched, one that still makes use of contemporary insights about “entitlement.”. (shrink)

We present and defend a view labeled “practiceism” which provides a solution to the incompatibility problems. The classic incompatibility problem is inconsistency of:1. Someone who intentionally violates the rules of a game is not playing the game.2. In many cases, players intentionally violate the rules as part of playing the game.The problem has a normative counterpart:1’. In normal cases, it is wrong for a player to intentionally violate the rules of the game.2’. In many normal cases, it is not wrong (...) for a player to intentionally violate the rules of the game.According to both formalism and informalism, the rules of the game include the formal rules of the game. Both traditional positions avoid the incompatibility problems by rejecting 1 and 1'. Practiceism rejects 2 and 2’: it maintains that the rules are the rules manifested in playing the game, not the formal rules.Practiceism presents two theses: (... (shrink)

Growing recognition in both the psychological and management literature of the concept of “good people” has caused a paradigm shift in our understanding of wrongful behavior: Wrongdoings that were previously assumed to be based on conscious choice—that is, deliberate decisions—are often the product of intuitive processes that prevent people from recognizing the wrongfulness of their behavior. Several leading scholars have dubbed this process as an ethical “blind spot.” This study explores the main implications of the good people paradigm on the (...) regulation of employees’ conflicts of interest. In two experiments, we examined the efficacy of traditional deterrence- and morality-based interventions in encouraging people to maintain their professional integrity and objectivity at the cost of their own self-interest. Results demonstrate that while the manipulated conflict was likely to “corrupt” people under intuitive/automatic mindset, explicit/deliberative mechanisms had a much larger constraining effect overall on participants’ judgment than did implicit measures, with no differences between deterrence and morality. The findings demonstrate how little is needed to compromise the employees’ ethical integrity, but they also suggest that a modest explicit/deliberative intervention can easily prevent much of the wrongdoing that may otherwise result. (shrink)

Dolev's ambitious project is to show that the traditional debate in the philosophy of time between the so-called ‘tensed’ and ‘tenseless’ theorists is not a sustainable one. The key to the negative portion argument is that both the tensed and tenseless view of time can be understood only from within their respective ontological frameworks. Moreover, that there is only really an appearance of understanding within these frameworks, since neither framework furnishes us with the wherewithal to genuinely understand temporal language. Moving (...) past these frameworks is the goal Dolev sets us. The positive aspect of the text tries to teach us how to transcend this merely ontological dispute and engage in phenomenological considerations of time itself. The conclusion to the positive project is that we cannot postulate an adequate metaphysical system of time, though we can understand what time is if we treat it as the time of our experiences in everyday life .The prospect that we might be able to move past the existing debate into fresh philosophical terrain is exciting. But I am not quite persuaded by the arguments that are intended to motivate the move to pastures new. First, on occasion Dolev seems to slightly …. (shrink)

In contract law, common mistake or frustration are grounds for relieving the promisor from the obligation to perform. Conventional economic theory justifies relief by appealing to its effect on the promisee’s incentives, namely, her incentives to act efficiently to prevent the unfavorable occurrence or its associated losses. The Article challenges this justification. While relief may indeed generate efficient incentives under certain conditions, these are not the conditions in which it is in fact granted. Consequently, the cases in which the conventional (...) theory recommends that relief be provided and those in which it is actually awarded, are incompatible. Based upon this premise, the Article develops a new theory of the law of common mistake and frustration, bearing descriptive and prescriptive implications. Under the new theory, the purpose of relief is not to incentivize promisees, but rather to determine the legal consequences of non-contemplated events. Viewed in this light, the Article identifies a new set of efficiency rationales for the rule. Under specified conditions, relief allows contracting parties to (1) refrain from welfare-reducing trade in unquantifiable risk; (2) maintain control over the distribution of contractual gains; and (3) overcome disincentives to form efficient contracts. The Article analyzes the conditions under which these virtues are applicable, and finds that they generally correspond to those in which relief is actually awarded. (shrink)

Spinoza is commonly perceived as the great metaphysician of coherence. The Euclidean manner in which he presented his philosophy in the _Ethics _has led readers to assume they are facing a strict and consistent philosophical system that necessarily follows from itself. As opposed to the prevailing understanding of Spinoza and his work, _The Role of Contradictions in Spinoza's Philosophy_ explores an array of profound and pervasive contradictions in Spinoza’s system and argues they are deliberate and constitutive of his philosophical thinking (...) and the notion of God at its heart. Relying on a meticulous and careful reading of the _Theological-Political Treatise_ and the _Ethics_, this book reconstructs Spinoza's philosophy of contradictions as a key to the ascending three degrees of knowledge leading to the _Amor intellectualis Dei_. Offering an exciting and clearly-argued interpretation of Spinoza’s philosophy, this book will interest students and scholars of modern philosophy and philosophy of religion, as well as Jewish studies. Yuval Jobani is Assistant Professor at the Department of Hebrew Culture Studies and the School of Education at Tel-Aviv University. (shrink)

Dolev's ambitious project is to show that the traditional debate in the philosophy of time between the so-called ‘tensed’ and ‘tenseless’ theorists is not a sustainable one. The key to the negative portion argument is that both the tensed and tenseless view of time can be understood only from within their respective ontological frameworks. Moreover, that there is only really an appearance of understanding within these frameworks, since neither framework furnishes us with the wherewithal to genuinely understand temporal language. Moving (...) past these frameworks is the goal Dolev sets us. The positive aspect of the text tries to teach us how to transcend this merely ontological dispute and engage in phenomenological considerations of time itself. The conclusion to the positive project is that we cannot postulate an adequate metaphysical system of time, though we can understand what time is if we treat it as the time of our experiences in everyday life.The prospect that we might be able to move past the existing debate into fresh philosophical terrain is exciting. But I am not quite persuaded by the arguments that are intended to motivate the move to pastures new. First, on occasion Dolev seems to slightly …. (shrink)

A leitmotif of Being and Time is the attempt to reverse the classical priority of actuality over possibility: instead of understanding the possible in terms of the actual – as “arising out of the actual and returning to it” – Heidegger insists on grasping possibility as the primordial notion. Nowhere is it more evident than in his complex treatment of death and dying. Death is exactly that possibility which offers nothing actual in terms of which to grasp it; death only (...) is in our ever being-toward it. I focus on Heidegger’s characterization of being-toward-death as rooted in, and a concretion of, Dasein’s being-toward-itself. This approach yields an interpretation of the notorious “possibility of impossibility” formulation that is diametrically opposed to the so-called “world-collapse” interpretations. I then explore why, and in what sense, Dasein’s being-toward-itself needs a concretion and draw conclusions about the organization of Being and Time as whole. (shrink)

Keratins are a family of intermediate filaments that serve various crucial roles in skin physiology. For mammalian skin to function properly, and to produce epidermal and hair keratins that are optimally adapted for their environment, it is critical that keratin gene and protein expression are stringently controlled. Given that the skin is not only targeted by multiple hormones, but also constitutes a veritable peripheral endocrine organ, it is not surprizing that intracutaneous keratin expression is underlined by tight endocrine controls. These (...) controls encompass thyroid hormones, steroid hormones such as glucocorticoids (GCs), retinoic acid (RA) and vitamin D, and several neuroendocrine mediators. Here, we review why a better understanding of the endocrine controls of keratin expression is not only required for an improved insight into normal human skin and hair function, but may also open new therapeutic avenues in a wide range of skin and hair diseases. (shrink)

Classical positions on central topics--mind/body, epistemology, freedom/determinism--are presented in a series of imagined discussions between renowned philosophers and critical interlocutors.

This article explores various analytical issues involved in conceptualizing the interrelationships of gender, class, race and ethnicity and other social divisions. It compares the debate on these issues that took place in Britain in the 1980s and around the 2001 UN World Conference Against Racism. It examines issues such as the relative helpfulness of additive or mutually constitutive models of intersectional social divisions; the different analytical levels at which social divisions need to be studied, their ontological base and their relations (...) to each other. The final section of the article attempts critically to assess a specific intersectional methodological approach for engaging in aid and human rights work in the South. (shrink)

Despite the many interpretive disputes regarding John Stuart Mill’s philosophy of education, there is wide agreement that Mill saw education as the most necessary and significant means of promoting human happiness. I challenge this view by claiming that Mill belongs to a broad philosophical trend of his time that rejected the conception of human nature that stands at the foundation of the modern ideal of happiness according to which human freedom is expressed in the autonomous pursuit of self-satisfaction. Instead, he (...) embraced an understanding of humans as unique beings whose freedom is expressed in the development of original characters. I argue that the change in Mill’s perception of truth that occurred during his mental crisis led him to understand these processes as open—they are not subject to any static or universal purpose since freedom is understood as the ability of individuals to alter their purposes according to the internal changes they experience. My claim regarding the negation of happiness in Mill’s thought provides an answer to the question, largely neglected in the literature, of why, unlike many thinkers associated with the tradition to which he belonged, he chose not to elucidate the operative steps necessary to promote happiness in a book dedicated to education. I conclude by claiming that his use of the utilitarian lexicon is not accidental and does not reveal internal contradictions, but is a tactical move intended to enable the optimal conditions for creating significant change in people. (shrink)

To sell a new drug, pharmaceutical companies must discover a compound, run clinical trials to test its efficacy and safety, get it approved by regulatory bodies, produce the drug, and market it. As this process brings the drug through so many hands, there are risks of many kinds of corruption. The pharmaceutical industry has recently gone from being one of the most admired industries to being described by the majority of Americans as “dishonest, unethical, and more concerned with profits than (...) with individual and public health.” Legal scholar Marc Rodwin suggested that the pharmaceutical industry can be viewed through the lens of institutional corruption as defined by legal scholar Lawrence Lessig, whereby widespread or systemic practices undermine the main purposes of drug therapy — healing illness, preventing medical problems, and alleviating suffering. Many drugs do serve these goals, yet a significant number of drugs churned out by pharmaceutical companies are ineffective or have dangerous side effects that could have been predicted had the companies conducted the appropriate research. (shrink)

Evidential Preemption occurs when a speaker asserts something of the form “Others will tell you Q, but I say P,” where P and Q are incompatible in some salient way. Typically, the aim of this maneuver is to get the audience to accept P despite contrary testimony of others, who might otherwise be trusted on the matter. Phenomena such as echo chambers, conspiracy theories, and other political speech of interest to epistemologists today, all commonly involve evidential preemption, so the question (...) arises: What effect, if any, does evidential preemption have on the audience's epistemic situation? In a widely discussed paper, Begby (Philosophy and Phenomenological Research, 2021, 102, 515) argues that evidential preemption can change the audience's epistemic situation in such a way that future testimony that Q, which would otherwise have been persuasive, can be rationally discounted to a significant degree. If so, evidential preemption is not a mere rhetorical flourish, but rather results in a rationally insulated belief that P. Since evidential preemption is a common feature of echo chambers and conspiracy theories, this would be a disturbing result. We bring good news: it is not so, at least not in the way Begby suggests. If evidential preemptions can change one's epistemic situation in a worrying way, it is a mystery how. (shrink)

Most solutions to the skeptical paradox about justified belief assume closure for justification, since the rejection of closure is widely regarded as a non-starter. I argue that the rejection of closure is not a non-starter, and that its problems are no greater than the problems associated with the more standard anti-skeptical strategies. I do this by sketching a simple version of the unpopular strategy and rebutting the three best objections to it. The general upshot for theories of justification is that (...) it is not a constraint on such theories that we must somehow have justification to believe that we are not massively deceived. (shrink)

Dreams are a remarkable experiment in psychology and neuroscience, conducted every night in every sleeping person. They show that the human brain, disconnected from the environment, can generate an entire world of conscious experiences by itself. Content analysis and developmental studies have promoted understanding of dream phenomenology. In parallel, brain lesion studies, functional imaging and neurophysiology have advanced current knowledge of the neural basis of dreaming. It is now possible to start integrating these two strands of research to address fundamental (...) questions that dreams pose for cognitive neuroscience: how conscious experiences in sleep relate to underlying brain activity; why the dreamer is largely disconnected from the environment; and whether dreaming is more closely related to mental imagery or to perception. (shrink)

In this ‘age of information’, some worry that we get our news from online ‘echo chambers’, news feeds on our social media accounts that contain information from like‐minded sources. Filtering our information in this way seems prima facie problematic from an epistemic perspective. I vindicate this intuition by offering an explanation of what is wrong with online echo chambers that appeals to a particular kind of motivated reasoning, or bias due to one’s interests. This sort of bias affects, not which (...) evidence one is exposed to, but how one makes use of the evidence that one has, on the basis of one’s interests. I argue that consulting an online echo chamber often facilitates and amplifies this bias. I then draw some general conclusions about the potential downside of having ready access to so much information. (shrink)

Analyses of factual causation face perennial problems, including preemption, overdetermination, and omissions. Arguably, the thorniest, are cases of omissive overdetermination, involving two independent omissions, each sufficient for the harm, and neither, independently, making a difference. A famous example is Saunders, where pedestrian was hit by a driver of a rental car who never pressed on the (unbeknownst to the driver) defective (and, negligently, never inspected) brakes. Causal intuitions in such cases are messy, reflected in disagreement about which omission mattered. What (...) these analyses mistakenly take for granted, is that at issue is the 'efficacy' of each omission. I argue, on the contrary, the puzzle of omissive overdetermination favors taking the act/omission distinction seriously. Factual causation, properly understood precludes omissions (i.e. omissions are not causal). Of course, the law also attaches liability to omissions, but this works differently from liability for real causes (e.g. omissions have a duty requirement, they also respond differentially to difference-making considerations). The manner in which liability attaches for omissions differs from that of straightforward causal liability, and is entirely dependent on the underlying causal structure. Attention to that structure (e.g. that the driver's hitting the pedestrian with his car is what actually caused the injury) sheds light on which omissions matter (e.g. driver's failure to press on the brakes) and why (because that failure removes a defense the driver would have to liability for the accident he caused). Other cases, where the parties' connection is entirely omissive (e.g. two physicians fail to detect independently lethal conditions), come out differently (tracking moralized elements). The analysis offered makes better sense of both why omissive determination cases are puzzling and how to resolve them. (shrink)

In this paper I argue that physics is, always was, and probably always will be voiceless with respect to tense and passage, and that, therefore, if, as I believe, tense and passage are the essence of time, physics’ contribution to our understanding of time can only be limited. The argument, in a nutshell, is that if "physics has no possibility of expression for the Now", to quote Einstein, then it cannot add anything to the study of tense and passage, and (...) specifically, cannot add anything to the debate between deniers and affirmers of the existence or reality of tense and passage. Since relativity theory did not equip physics with a new language with which to speak of tense and passage, I draw the further conclusion that relativity theory has not generated the revolution to our conception of time that is attributed to it. In the last section I discuss the motivations behind the continued but misguided attempts to integrate tense into a relativistic setting, and assess the manners in which relativity theory has nevertheless enhanced, albeit indirectly, our understanding of tense and passage. (shrink)

We present a classical hydrodynamic analog of free relativistic quantum particles inspired by de Broglie’s pilot wave theory and recent developments in hydrodynamic quantum analogs. The proposed model couples a periodically forced Klein–Gordon equation with a nonrelativistic particle dynamics equation. The coupled equations may represent both quantum particles and classical particles driven by the gradients of locally excited Faraday waves. Exact stationary solutions of the coupled system reveal a highly nonlinear mechanism responsible for the self-propulsion of free particles, leading to (...) the onset of unsteady motion. Although the model is essentially nonrelativistic, a stabilizing mechanism for any particle traveling close to the wave signaling speed emerges through the coupling with the wavefield. Consequently, inline particle oscillations comparable to de Broglie’s wavelength are realized through this fully-classical model, suggesting a new classical interpretation for the motion of relativistic quantum particles. (shrink)

In this paper I claim that as bitter as the eternalist/presentist rivalry is, as far as both camps are concerned, a third position—which I defend—is more disturbing. The reason is that what eternalists and presentists agree on is more fundamental than what they disagree about. They agree that time carves, to use Orilia’s term, “ontological inventories.” This in a way answers the “fundamental question”—what is time? They disagree about the contents of the inventories, but that, I suggest, is a secondary (...) issue. Thus, an argument against what they agree about would be more detrimental to their joint project—analyzing tense in ontological terms—than the internal disagreement they are engaged in. I develop this thesis by responding to Orilia’s paper “Two Metaphysical Perspectives on the Duration of the Present”. I criticize the specialized use Orilia makes of the notion of an “ontological inventory” in the context of the metaphysics of time, but also Quine’s approach to ontology, on which Orilia’s account relies. The gist of my criticism is that it is question begging to rely on the notion of an “ontological inventory” for giving content to the presentism/eternalism debate, and for arguing that there can’t be an alternative. (shrink)

PurposeThe purpose of the paper is to draw a new map confronting the issue of privacy in the new media age in general, and in the State of Israel in particular.Design/methodology/approachThe paper presents an in‐depth review based on professional literature covering the topics of privacy, new media, social networks, and Israel. The paper considers all citizens of Israel, the vast majority, however, of which are Jewish.FindingsThe study has found that even though Israeli social network users may be aware of online (...) privacy issues, their adoption of online sharing and exposure, while partly due to third person effect, is to a great extent a reflection of the Israeli collective ethos which emphasises the importance of community and emotional and material sharing.Originality/valueThe study proposes a new classification of privacy exposures and violations by analyzing the nature of privacy violations inherent in the new media. The paper then discusses the unique cultural and normative manifestations of this issue in Israeli society. (shrink)

This essay speculates on how variations in political attitudes—and in particular differences in perceptions of, and reactions to, the COVID-19 pandemic—might in fact be rooted in variations in our a priori conceptions of the thing and our understandings of the place of the human in the world.

_ Source: _Volume 24, Issue 1, pp 95 - 121 Contemporary study of Jewish secularism in the Modern era has yielded a nuanced picture of Hebrew secularism. This article analyzes the emergence of a rich and diverse cultural infrastructure of Hebrew secularism in the first half of the twentieth century from a philosophical perspective, proposing a typology of models of Hebrew secularism. These models are characterized by their attitudes to what, following Charles Taylor, can be referred to as the “fragmentary (...) character” of religious existence in the secular age. The conclusion reflects on the limitations of the proposed typology and identifies further avenues for the philosophical study of Hebrew secularism. (shrink)

The conceptual history of Bildung, the German term for self-formation, encapsulates the ethical revolution of modern German thought, associated with the Kantian moment and its aftermath. Reshaped in modernity to respond to a post-Kantian, critical sensibility, the modern term emphasizes the reflexive, active process of self-formation, in contrast with the medieval theological sensibility which emphasized the receptive imprint of the image of God. In this article, I unpack Moses Mendelsohn’s idiosyncratic notion of Bildung. I show that what is unique, indeed, (...) singular in Mendelssohn’s notion of Bildung is the way it merges the traditional, theological notion with the modern one. For Mendelssohn, to imitate God is to come to value one’s contingent being. The imitation of the ideal, the most perfect, is tantamount to embracing the perfectible, and the process of perfection or self-actualization. Jacobi, Mendelssohn, Bildung, Contingency, Pantheism affair, Moral Perfectionism. (shrink)

The article discusses some of the major issues which need to be examined in a gendered reading of citizenship. However, its basic claim is that a comparative study of citizenship should consider the issue of women's citizenship not only by contrast to that of men, but also in relation to women's affiliation to dominant or subordinate groups, their ethnicity, origin and urban or rural residence. It should also take into consideration global and transnational positionings of these citizenships. The article challenges (...) the gender-blind and Westocentric character of many of the most hegemonic theorizations of citizenship, focusing in particular on the questions of membership in ‘the community’, group rights and social difference and the ways binaries of public/private and active/passive have been constructed to differentiate between different kinds of citizenships. The article argues that in order to be able to analyse adequately people's citizenship, especially in this era of ethnicization on the one hand and globalization on the other hand, and with the rapid pace at which relationships between states and their civil societies are changing, citizenship should best be analysed as a multi-tiered construct which applies, at the same time to people's membership in sub-, cross- and supra-national collectivities as well as in states. (shrink)

For millennia, war was viewed as a supreme test. In the period 1750-1850 war became much more than a test: it became a secular revelation. This new understanding of war as revelation completely transformed Western war culture, revolutionizing politics, the personal experience of war, the status of common soldiers, and the tenets of military theory.

Is there something wrong with the way we form beliefs about our surroundings? Most people assume not. But there is a character, the skeptic, who disagrees. What, exactly, is this skeptic claiming, and why should this concern us? We are, after all, just humans doing what humans do: forming beliefs on the basis of our faculties. In what sense could this be wrong, and how could it matter if it is? By considering the way in which the notions of vice (...) and criticism can express these questions, we can clarify them and discern some potential answers. These answers, I will suggest, can explain not only why we shouldn’t worry too much, but also the lasting appeal of skeptical problems. The idea is that we can accept, or grant for the sake of argument, that we fall short of some important standard while insisting that it is entirely unreasonable to criticize people, or ourselves, on that basis. (shrink)

Strategic fouls are intentional violations of the rules ‘in which the violator expects to be detected and penalized but expects some benefit to his or her competitive effectiveness’ (Fraleigh...