En la actualidad, y bajo los sistemas procesales penales inquisitivo, acusatorio y mixto, es indispensable la presencia del procesado y encausado al momento en que se le está juzgando, respetando de manera efectiva la garantía de la posibilidad, que sobre la base de la contradicción, el acusado pueda ejercer su derecho a la defensa. No obstante, la no comparecencia del encausado al juicio es un problema que se da con bastante frecuencia, agravándose en los casos donde quien es requerido por (...) la justicia donde se ha cometido el hecho sujeto de investigación judicial, se encuentra en un país sin tratado de extradición. Si bien algunos países, mayormente europeos, han legislado excepcionalmente en favor de los juicios en ausencia, siguen las controversias por su aplicación y efectiva garantía y materialización de la justicia. Este trabajo analiza el aporte del sistema jurídico judío, para el cual el deber presencial por parte del acusado constituye la base de su ley penal, pero donde la ausencia voluntaria o involuntaria del acusado confronta con el irrenunciable precepto bíblico de perseguir justicia. A través de la filosofía jurídica judía expuesta por sus máximos representantes y legistas, tales como Maimónides, Aharón haLevi de Barcelona, Yosef Karo, Moisés Isserles, Ioel Sirkis e Ieoshua Katz, se profundizará en los casos donde se problematice la relación entre la ausencia del encausado y la necesidad de hacer justicia. Concretamente, se examinarán las causas jurídicas y los motivos filosóficos por los cuales se da dicho deber presencial, sus excepciones, y los aportes del judaísmo para los casos donde el acusado de crímenes aberrantes, terroristas o de lesa humanidad, no comparecen ante los tribunales. (shrink)

ʻEdut be-Hosef -- Derekh ʻets ha-ḥayim -- Refuʼat ha-nefesh -- ha-Tapuaḥ.

kerekh 1. Ba-halakhah uve-agadah -- kerekh 2. [without special title].

The main message of this volume is that the creative process of discovery is not a purely rational enterprise in the traditional sense which equates rationality with logical reasoning, yet it is a manifestation of a universal phenomenon ...

In this paper, I try to decipher the role of internal symmetries in the ontological maze of particle physics. The relationship between internal symmetries and laws of nature is discussed within the framework of “Platonic realism.” The notion of physical “structure” is introduced as representing a deeper ontological layer behind the observable world. I argue that an internal symmetry is a structure encompassing laws of nature. The application of internal symmetry groups to particle physics came about in two revolutionary steps. (...) The first was the introduction of the internal symmetries of hadrons in the early 1960s. These global and approximate symmetries served as means of bypassing the dynamics. I argue that the realist could interpret these symmetries as ontologically prior to the hadrons. The second step was the gauge revolution in the 1970s, where symmetries became local and exact and were integrated with the dynamics. I argue that the symmetries of the second generation are fundamental in the following two respects: According to the so-called “gauge argument,” gauge symmetry dictates the existence of gauge bosons, which determine the nature of the forces. This view, which has been recently criticized by some philosophers, is widely accepted in particle physics at least as a heuristic principle. In view of grand unified theories, the new symmetries can be interpreted as ontologically prior to baryon matter. (shrink)

Aharon Aviram; The Paradoxes of Education for Democracy, or the Tragic Dilemmas of the Modern Liberal Educator, Journal of Philosophy of Education, Volume 20, I.

The paper investigates the implications of a nonaprioristic philosophy of science. It starts by developing a scheme of justification which draws its norms from the prevailing paradigm of rationality, which need not be universal or external. If the requirement for normativity is then abandoned we do not end up with a descriptive philosophy of science. The alternative to a prescriptive philosophy of science is a theoretical explanation of scientific decisions and acts. Explanation, rather than mere description, replaces justification; and the (...) paradigm of rationality becomes a scientific paradigm. The implications of these results for the discovery-justification distinction are investigated. An explanatory philosophy of science deals with the generation, as well as with the selection of scientific conjectures: both contexts have an epistemic dimension. * This paper was written under the auspices of the Wolfson Chair Extrordinary of Theoretical Physics, Tel Aviv University. (shrink)

According to structural realism, in mature science there is structural continuity along theoretical change. A major counterexample to this thesis is the transition from the Eightfold Way to the Standard Model in particle physics. Nevertheless, the notion of structure is significantly important in comprehending the theoretical picture of particle physics, where particles change and undergo transmutations, while the only thing which remains unchanged is the basic structure, i.e. the symmetry group which controls the transmutations. This kind of view agrees with (...) the paradigmatic case where the structure is an internal symmetry and the instantiations are the elementary particles. The metaphysical view which reflects this situation is a version of ontic structuralism. (shrink)

Aharon Aviram; The Subjection of Children, Journal of Philosophy of Education, Volume 24, Issue 2, 30 May 2006, Pages 213–234, https://doi.org/10.1111/j.1467-97.

A new view of the functional role of the left anterior cortex in language use is proposed. The experimental record indicates that most human linguistic abilities are not localized in this region. In particular, most of syntax (long thought to be there) is not located in Broca's area and its vicinity (operculum, insula, and subjacent white matter). This cerebral region, implicated in Broca's aphasia, does have a role in syntactic processing, but a highly specific one: It is the neural home (...) to receptive mechanisms involved in the computation of the relation between transformationally moved phrasal constituents and their extraction sites (in line with the Trace-Deletion Hypothesis). It is also involved in the construction of higher parts of the syntactic tree in speech production. By contrast, basic combinatorial capacities necessary for language processing – for example, structure-building operations, lexical insertion – are not supported by the neural tissue of this cerebral region, nor is lexical or combinatorial semantics. The dense body of empirical evidence supporting this restrictive view comes mainly from several angles on lesion studies of syntax in agrammatic Broca's aphasia. Five empirical arguments are presented: experiments in sentence comprehension, cross-linguistic considerations (where aphasia findings from several language types are pooled and scrutinized comparatively), grammaticality and plausibility judgments, real-time processing of complex sentences, and rehabilitation. Also discussed are recent results from functional neuroimaging and from structured observations on speech production of Broca's aphasics. Syntactic abilities are nonetheless distinct from other cognitive skills and are represented entirely and exclusively in the left cerebral hemisphere. Although more widespread in the left hemisphere than previously thought, they are clearly distinct from other human combinatorial and intellectual abilities. The neurological record (based on functional imaging, split-brain and right-hemisphere-damaged patients, as well as patients suffering from a breakdown of mathematical skills) indicates that language is a distinct, modularly organized neurological entity. Combinatorial aspects of the language faculty reside in the human left cerebral hemisphere, but only the transformational component (or algorithms that implement it in use) is located in and around Broca's area. Key Words: agrammatism; aphasia; Broca's area; cerebral localization; dyscalculia; functional neuroanatomy; grammatical transformation; modularity; neuroimaging; syntax; trace deletion. (shrink)

This essay focuses on proportionality stricto sensu as a consequential test of balancing. The basic balancing rule establishes a general criterion for deciding between the marginal benefit to the public good and the marginal limit to human rights. Based on the Israeli constitutional jurisprudence, this essay supports the adoption of a principled balancing approach that translates the basic balancing rule into a series of principled balancing tests, taking into account the importance of the rights and the type of restriction. This (...) approach provides better guidance to the balancer , restricts wide discretion in balancing, and makes the act of balancing more transparent, more structured, and more foreseeable. The advantages of proportionality stricto sensu with its three levels of abstraction are several. It stresses the need to always look for a justification of a limit on human rights; it structures the mind of the balancer; it is transparent; it creates a proper dialog between the political brunches and the judiciary, and it adds to the objectivity of judicial discretion. Proportionality stricto sensu however has it critics: some claim that it attempts to balance incommensurable items; others that balancing is irrational. The answer to the critics is that it is a common base for comparison, namely the social marginal importance and that the balancing rules—basic, principled, concrete—supply a rational basis for balancing. A democracy must entrust the judiciary—the unelected independent judiciary—to be the final decision-maker—subject to constitutional amendments—about proper ends that cannot be achieved because they are not proportionality stricto sensu. (shrink)

Aharon Aviram; The Justification of Compulsory Education: the still neglected moral duty, Journal of Philosophy of Education, Volume 20, Issue 1, 30 May 2006, P.

Aharon Appelfeld, one of the most important Israeli writers, reflects on the multiform nature of evil that those who experienced the Holocaust, as he did, had to face, and he discusses how this experience can be communicated, even in its sensuality, only through literature. Literature – differently form philosophy, historiography, and all other disciplines – “has the capacity to lead the atrocious experience back into the circle of life, to move it from the category of history to the category (...) of art, because only art has the power to get the suffering out of the abyss”. (shrink)

ABSTRACT Can Nietzsche's ideal of man, the overman, be conceived as an educational ideal in post-modern democratic societies? Should it be so conceived? This paper answers both questions positively. The affirmative answer to the first question is based on arguments aimed at overcoming two obvious difficulties: the Contradictions in Nietzsche's various references to his human ideal, and his blatant anti-democratic attitude. The affirmative answer to the second question builds on an analysis portraying Nietzsche's conception of man as one that allows (...) us, in a non-objectivist era, to accord a clear meaning to the term the “good life” and to educate in the light of this meaning. (shrink)

Halakha is the all-encompassing source of normative Jewish conduct, and values and ethics are among Judaism's most important and fundamental aims. In this volume, Rabbi Aharon Lichtenstein masterfully plots the interplay of law and ethics. Drawing on his vast knowledge of classic Jewish sources, the analytic depth of the Brisker tradition, and his wide grasp of Western scholarship and thought, Rabbi Lichtenstein charts how values are intertwined with the details of Halakha and inform its general worldview. Exploring such topics (...) as the relationship between individual and community, the extent to which Halakha encourages or demands altruism, and the role of humanistic concerns in practical halakhic determination, Rabbi Lichtenstein analyzes rulings of halakhic giants in context of the relevant source material. The result is a first-of-its-kind study that offers a lucid yet extensive presentation of detailed halakhic points that combine to form a broad tapestry of the most basic questions of values in Halakha. -- cover page 4. (shrink)

Fears of alienation and anomie in liberal societies have driven many writers to emphasize care and commitment as essential ingredients of human well-being and as educational aims. Conceiving autonomy to be incompatible with these values, they have concluded that autonomy should be replaced with alternative conceptions of human well-being and of education that emphasize care and commitment. The claim I will try to defend in this paper is that, in contrast to these views, there is no contradiction between autonomy on (...) the one hand and care and commitment on the other; hence acknowledgment of the importance of the latter pair of values need not lead to the rejection of the ideal of autonomy. (shrink)

The need for better incorporation of the construct emotional intelligence (EI) into counterproductive work behavior (CWB) research may be achieved via a unified conceptual framework. Accordingly, the purpose of this paper is to use the Profile Analysis via Multidimensional Scaling (PAMS) approach, a conceptual framework that unifies motivational process with antecedents and outcomes, to assess differences in EI concerning a variety of constructs: organizational justice, CWB, emotional exhaustion, job satisfaction, and intrinsic motivation. Employing established scales within a framework unifying CWB, (...) intrinsic motivation, EI, organizational justice, and outcome constructs, two EI-based profiles displayed associations with CWB based on responses from 3,293 employees. Both the first core profile, high overall justice and low emotional intelligence, and the second core profile, high emotional intelligence and low work motivation, displayed associations with interpersonal deviance and organizational deviance, as well as emotional exhaustion and job satisfaction. The results are discussed with respect to possible underlying theory and an overarching unified motivation framework that incorporates goal choice, intrinsic motivation, antecedents, and outcomes. We also provide directions for future research and implications for managers in the workplace based on heuristic conceptual frameworks that combine multiple motivational perspectives into a unified model. (shrink)

Binz et al. highlight the potential of meta-learning to greatly enhance the flexibility of AI algorithms, as well as to approximate human behavior more accurately than traditional learning methods. We wish to emphasize a basic problem that lies underneath these two objectives, and in turn suggest another perspective of the required notion of “meta” in meta-learning: knowing what to learn.

In this paper a model is presented for the growth of knowledge in a dynamic scientific system. A system which is in some respects an idealization of a Lakatosian research program. The kinematics of the system is described in terms of two probabilistic variables, one of which is related to the evolution of its theoretical component and the other--to the growth of the empirical component. It is shown that when the empirical growth is faster than the theoretical growth the posterior (...) probability of the theoretical component increases. Thus, empirical progressiveness of a research program, as explicated in this model, is accompanied by an increase in the degree of confirmation. In such a case the system grows in a Popperian-like spirit, while learning from experience in a Bayesian manner. (shrink)

Aaron Ben-Ze'ev carries out what he calls "a careful search for general patterns in the primeval jungle of emotions.".

This paper reviews Constructivism and the sources of its influence overIsraeli educational discourse. Then, it describes examples ofConstructivists projects in the teaching of sciences and technology inIsrael (Sela, Media Plus), as well as a project that is based on theConstructivist approach to teaching (Together), and several Constructivistexperimental schools, followed by a summary of the obstacles to theimplementation of such projects. Next, it stresses two basic flaws in theConstructivist view and introduces a post-constructivist educationalparadigm, the Autonomy Oriented Education (AOE), which uses (...) `reflectionon experiments in living' as its major tool and aims to enable thedevelopment of autonomous, belonging and moral individuals. (shrink)

In this paper I shall offer new definitions for what seem to be the most dominant terms in Epicurus’ theory of pleasures - “kinetic” and “katastematic”. While most of the scholarly literature treats these terms as entirely concerned with states of motion and states of stability, I shall argue that the distinction concerns whether pain is or is not removed by this or that pleasure. As the removal of pain is a necessary condition for the Epicurean goal of ataraxia and (...) aponia, “katastematic” pleasure, having to do with the removal of pain, is the necessary pleasure pertaining both to the process of removing pain and to its result, namely the absence of pain, while “kinetic” pleasure is an unnecessary pleasure having nothing to do with the removal of pain, e.g. it starts after pain has been removed. If my analysis and interpretation prove correct, the two conventional classifications - “kinetic-katastematic” and “necessary-unnecessary” - turn out to be referring to the same phenomenon and are aspects of one classification. Moreover, this new interpretation resolves some of the main problems arising from our testimonia concerning “kinetic” and “katastematic” pleasures. (shrink)