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 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 ...

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)

The concept of disparity has long been a topic of obsession and argument for philosophers but Slavoj Žižek would argue that what disparity and negativity could mean, might mean and should mean for us and our lives has never been more hotly debated. Disparities explores contemporary 'negative' philosophies from Catherine Malabou's plasticity, Julia Kristeva's abjection and Robert Pippin's self-consciousness to the God of negative theology, new realisms and post-humanism and draws a radical line under them. Instead of establishing a dialogue (...) with these other ideas of disparity, Slavoj Žižek wants to establish a definite departure, a totally different idea of disparity based on an imaginative dialectical materialism. This notion of rupturing what has gone before is based on a provocative reading of how philosophers can, if they're honest, engage with each other. Slavoj Žižek borrows Alain Badiou's notion that a true idea is the one that divides. Radically departing from previous formulations of negativity and disparity, Žižek employs a new kind of negativity: namely positing that when a philosopher deals with another philosopher, his or her stance is never one of dialogue, but one of division, of drawing a line that separates truth from falsity. (shrink)

The conventional approach to law and religion assumes that these are competing domains, which raises questions about the freedom of, and from, religion; alternate commitments of religion and human rights; and respective jurisdictions of civil and religious courts. This volume moves beyond this competitive paradigm to consider law and religion as overlapping and interrelated frameworks that structure the social order, arguing that law and religion share similar properties and have a symbiotic relationship. Moreover, many legal systems exhibit religious characteristics, informing (...) their notions of authority, precedent, rituals and canonical texts, and most religions invoke legal concepts or terminology. The contributors address this blurring of law and religion in the contexts of political theology, secularism, church-state conflicts, and the foundational idea of divine law. (shrink)

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)

According to a traditional interpretation of Kierkegaard, he endorses a strong form of direct doxastic voluntarism on which we can, by brute force of will, make a “leap of faith” to believe propositions that we ourselves take to be improbable and absurd. Yet most leading Kierkegaard scholars now wholly reject this reading, instead interpreting Kierkegaard as holding that the will can affect what we believe only indirectly. This paper argues that Kierkegaard does in fact endorse a restricted, sophisticated, and plausible (...) version of direct doxastic voluntarism. On Kierkegaard’s view, when we take ourselves to be in an epistemically permissive situation, we have the ability to form outright beliefs (but not credences) at will in virtue of our ability to voluntarily 1) open or close inquiry and 2) determine our attitude towards epistemic risk. (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)

_ 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)

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...

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)

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)

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)

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)

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)

Law and economics scholarship has traditionally analyzed efficient breach cases monolithically. By grouping efficient breach cases together, this literature treats the subjective motives and the distributive effects of the breach as immaterial. The Restatement (Third) of Restitution and Unjust Enrichment introduced a distinction based on the intent and the effects of the breach, allowing courts to use disgorgement remedies in cases of ‘opportunistic’ breach of contract (i.e., ‘deliberate and profitable’ breaches). In this article, we evaluate this approach, focusing on the (...) effects of disgorgement remedies on allocative and productive efficiency, information-forcing and competitive effects, and restraint of breach-searching incentives. We show that, even from a purely consequentialist perspective, disgorgement remedies may be normatively warranted, especially when involving sellers’ breach. Recent experimental evidence revealed that the preferences and reactions of ordinary people are in line with our evaluation of the effects of opportunistic breach. (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.

In the most rigorous articulation of his philosophical system to date, Slavoj Žižek provides nothing short of a new definition of dialectical materialism. In forging this new materialism, Žižek critiques and challenges not only the work of Alain Badiou, Robert Brandom, Joan Copjec, Quentin Meillassoux, and Julia Kristeva (to name but a few), but everything from popular science and quantum mechanics to sexual difference and analytic philosophy. Alongside striking images of the Möbius strip, the cross-cap, and the Klein bottle, Žižek (...) brings alive the Hegelian triad of being-essence-notion. Radical new readings of Hegel, and Kant, sit side by side with characteristically lively commentaries on film, politics, and culture. Here is Žižek at his interrogative best. (shrink)

Žižek as comedian: jokes in the service of philosophy.

In celebration of the 250th anniversary of the birth of G.W.F. Hegel, Slavoj Žižek gives us a reading of a philosophical giant that changes our way of thinking about the post-human era we are entering. No ordinary study of Hegel, Hegel in a Wired Brain reveals our time as it appears through Hegel's eyes. Focusing in on the idea of the wired brain, this is a philosophical analysis of what happens when a direct link between our mental processes and a (...) digital machine emerges. Here Žižek explores the phenomenon of a wired brain affect, and the notion of singularity subsequently arising when we can share our thoughts and experiences with others. He hones in on the key question of how it affects our experience and status as free human individuals, dealing with what happens with the human spirit, our subjectivity and the very essence of being-human when a machine can read, action and disperse our thoughts. With characteristic verve and energy, Žižek connects Hegel to the world we live in and shows why he is much more fun than anyone gives him credit for, and why the 21st century might just be Hegelian. (shrink)

This study offers an experiential and practical way of understanding Plotinus' thought and philosophy through a focus on the act of contemplation. Mateusz Stróżyński argues that contemplation, or direct seeing of the principles of reality, is not merely a part of Plotinus' thought, but rather a significant dimension of it.

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)

Reading Marx: unexpected reunions -- Marx reads object-oriented-ontology -- Marx in the cave -- Imprinting negativity: Hegel reads Marx -- To resume (and not conclude).

In this major new work the leading philosopher Slavoj Žižek argues that philosophical materialism has failed to meet the key scientific, theoretical and political challenges of the modern world, from relativity theory and quantum physics to Freudian psychoanalysis and the failure of twentieth-century Communism. To bring materialism up to date, Žižek proposes a new foundation for dialectical materialism. He argues that dialectical materialism is the only true philosophical inheritor of what Hegel designates as the speculative approach of thought - all (...) other forms of materialism fail. In Absolute Recoil, Žižek offers a startling reformulation of the ground and possibilities of contemporary philosophy. (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.

On Islamic teachings, written by an army officer and educationist from Pakistan.

The “formidably brilliant” Žižek considers sexuality, ontology, subjectivity, and Marxian critiques of political economy by way of Lacanian psychoanalysis. If the most interesting theoretical interventions emerge today from the interspaces between fields, then the foremost interspaceman is Slavoj Žižek. In Incontinence of the Void (the title is inspired by a sentence in Samuel Beckett's late masterpiece Ill Seen Ill Said), Žižek explores the empty spaces between philosophy, psychoanalysis, and the critique of political economy. He proceeds from the universal dimension of (...) philosophy to the particular dimension of sexuality to the singular dimension of the critique of political economy. The passage from one dimension to another is immanent: the ontological void is accessible only through the impasses of sexuation and the ongoing prospect of the abolition of sexuality, which is itself opened up by the technoscientific progress of global capitalism, in turn leading to the critique of political economy. Responding to his colleague and fellow Short Circuits author Alenka Zupančič's What Is Sex?, Žižek examines the notion of an excessive element in ontology that gives body to radical negativity, which becomes the antagonism of sexual difference. From the economico-philosophical perspective, Žižek extrapolates from ontological excess to Marxian surplus value to Lacan's surplus enjoyment. In true Žižekian fashion, Incontinence of the Void focuses on eternal topics while detouring freely into contemporary issuesfrom the Internet of Things to Danish TV series. (shrink)

Journal Name: The Law & Ethics of Human Rights Issue: Ahead of print.

Précis for a book symposium, with contributions from Meg Wallace, Louis deRosset, and Chris Tillman and Joshua Spencer.

What do we know about Hegel? What do we know about Marx? What do we know about democracy and totalitarianism? Communism and psychoanalysis? What do we know that isn't a platitude that we've heard a thousand times - or a self-satisfied certainty? Through his brilliant reading of Hegel, Slavoj Zizek - one of the most provocative and widely-read thinkers of our time - upends our traditional understanding, dynamites every cliché and undermines every conviction in order to clear the ground for (...) new ways of answering these questions. When Lacan described Hegel as the ‘most sublime hysteric’, he was referring to the way that the hysteric asks questions because he experiences his own desire as if it were the Other's desire. In the dialectical process, the question asked of the Other is resolved through a reflexive turn in which the question begins to function as its own answer. We had made Hegel into the theorist of abstraction and reaction, but by reading Hegel with Lacan, Zizek unveils a Hegel of the concrete and of revolution - his own, and the one to come. This early and dazzlingly original work by Zizek offers a unique insight into the ideas which have since become hallmarks of his mature thought. It will be of great interest to anyone interested in critical theory, philosophy and contemporary social thought. (shrink)