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)

This article explores the relation between belief-like imaginings and the establishment of imaginary worlds (often called fictional worlds). After outlining the various assumptions my argument is premised on, I argue that belief-like imaginings, in themselves, do not render their content true in the imaginary world to which they pertain. I show that this claim applies not only to imaginative projects in which we are instructed or intend to imagine certain propositions, but also to spontaneous imaginative projects. After arguing that, like (...) guided imaginative projects, spontaneous projects involve specific imaginary truths, I conclude that imaginative projects, whether spontaneous or deliberate, comprise not only imaginings, but also mental acts of determining such truths. (shrink)

We give a complete characterization of the class of upward monotone generalized quantifiers Q1 and Q2 over countable domains that satisfy the scheme Q1 x Q2 y φ → Q2 y Q1 x φ. This generalizes the characterization of such quantifiers over finite domains, according to which the scheme holds iff Q1 is ∃ or Q2 is ∀ (excluding trivial cases). Our result shows that in infinite domains, there are more general types of quantifiers that support these entailments.

Our essay examines Levinas's ideas of time and their relation to his ethical discourse. We read 'his' texts deconstructively and show how the notions of time and of the ethical are closely inter connected. We argue that Levinas deconstructs the concept of time, as it is traditionally developed by Western philosophy, and that this concept is part and parcel of and cannot be detached from his philo sophical venture. By following two major shibboleths, jouissance and language, we trace the deconstructive (...) effort of Levinas to dismantle Western philosophy's traditional conceptualization of time. Our dis cussion points not to the failure of Levinas's toil but rather to the aporetic structure of his itinerary and to the ethical significance of this aporia. Key Words: aporia • deconstruction • eternal • instant • recurrence • time. (shrink)

This Article studies the Israeli courts’ approach to choice of law in securities class actions against dual-listed companies, and its unexpected adverse effects on Israeli shareholders. Israeli courts apply American law to dual-listed companies, as an inducement for companies to list their shares for trade on the Tel Aviv stock exchange. However, one of the outcomes of this choice was to enable American attorneys to include Israeli-traded shares in American securities class actions. The Article claims that this outcome might undermine (...) Israeli shareholders’ rights and reduce their expected compensation. (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 puts forward an account of imaginative immersion. Elaborating on Kendall Walton’s thesis that imagining aims at the fictional truth, it first argues that imaginings are inherently rule- or norm-governed: they are ‘regulated’ by that which is presented as fictionally true. It then shows that an imaginer can follow the rule or norm mandating her to imagine the propositions presented as fictional truths either by acquiring explicit beliefs about how the rule (norm) is to be followed, or directly, without (...) acquiring such beliefs. It proceeds to argue that to the extent that an imaginer follows this rule (norm) without holding such beliefs, she is more immersed in her imaginings. The general idea is that immersion in an activity is a matter of following rules or norms that apply to that activity without explicitly thinking about how to follow them, that is, without ‘doxastic mediation.’ Lastly, the paper shows that this thesis can explain various features associated with imaginative immersion, such as the sort of attentiveness it involves, the emotional response it generates, and its relation to spoilers. (shrink)

The standard opinion is that the force of the constitution hinges on the fact that it is willingly endorsed by the people or, at least representative of the people. This Article challenges this view. More specifically, I differentiate between two types of legitimation: representational legitimation and non-representational or reason-based legitimation. While representational legitimation rests on the fact that the constitution is representative of who the people are or what they want, reason-based constitutions are based on the judgement that the constitution (...) is just or, at least grounded in reason. I also show that some of the puzzles in constitutional theory can be resolved by acknowledging the significance of the latter type of legitimation. For instance, I illustrate that constitutions that were not adopted freely by the nations and could not have been characterized as representative of the people such as the German Constitution can still be legitimate. To put it provocatively: the legitimation of a constitution need not rest on the conviction that it represents the people whom it governs; it may simply rest on the belief that it is a good or just constitution. Representational legitimacy is only one form of legitimacy but not the only one. (shrink)

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

This paper offers a new reading of Hume’s much discussed Dialogues Concerning Natural Religion (1779/2000) which shows that, in contrast to what commentators tend to ascribe to Hume, the crux of the text is not epistemological-ontological – that is, not the arguments in favour of and against God’s existence – but moral. It is shown that, although most of the epistemologicalontological pro-and-contra arguments are quite weak, Hume’s interlocutors nevertheless cling to their theses from beginning to end, with the reason for (...) their dogmatism shown to be moral rather than epistemological-ontological. The paper is divided into four sections. The introduction to the argument is followed by a discussion of Hume’s rejection of substance as epistemologicallyontologically superfluous and as morally bad. Thereafter, it is first shown how the concept of a transcendental God undergoes deflation and consequently disappears. It is then shown that, even though their arguments are wrong, Cleanthes and Philo cling dogmatically to their starting points instead of trying to improve their claims and to rebuff the criticisms made against them. In conclusion, it is shown that the only way to account for their dogmatic inflexibility is in terms of their moral position: Cleanthes thinks that society and morals will collapse without the belief in a transcendental God, while Philo thinks it will function better if we discard this belief. Indo-Pacific Journal of Phenomenology , September 2008, Volume 8, Edition 2. (shrink)

This paper investigates the ways English speakers employ the predicates like, similar, and resemble to express similarity in natural speech. A corpus of 450 instances was created and manually coded, and an acceptability rating experiment was conducted. Converging evidence from the corpus analysis and the experiment shows that the three predicates occur with the same range of uses, but differ in their propensities to occur with particular dimensions of similarity. Specifically, like is associated with metaphorical comparisons, and resemble is associated (...) with visual comparisons. A synchronic account of these findings is developed, based on a distinction between conventionally encoded meaning and prototypical usage. A diachronic account is also proposed, highlighting the commonality in the predicates’ conceptual origins and the differences in their historical usage. This work has theoretical and methodological implications for the study of similarity. In particular, it raises the possibility that previous findings may be distorted due to a reliance on certain similarity predicates in the phrasing of experimental instructions and stimuli. It also ties into debates on synonymy, suggesting a shift in attention from a distinction between denotational and associative meaning, to the aforementioned distinction between conventional and prototypical meaning. (shrink)

In this paper, I will analyze certain aspects of imaginative content, namely the content of the representational mental state called “imagining.” I will show that fully accounting for imaginative content requires acknowledging that, in addition to imagining, an imaginative project—the overall mental activity we engage in when we imagine—includes another infrastructural component in terms of which content should be explained. I will then show that the phenomenon of imaginative immersion can partly be explained in terms of the proposed infrastructure of (...) imaginative projects. (shrink)

The central thesis (CT) that this paper upholds is that a picture depicts an object by generating in those who view the picture a visual experience of that object. I begin by presenting a brief sketch of intentionalism, the theory of perception in terms of which I propose to account for pictorial experience. I then discuss Richard Wollheim’s twofoldness thesis and explain why it should be rejected. Next, I show that the socalled unique phenomenology of pictorial experience is simply an (...) instance of perceptual indeterminacy. Lastly, I discuss a phenomenon associated with pictures that could be considered a problem for CT, and account for it by invoking the thesis that visual experience is cognitively penetrable. (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 paper investigates whether Palestinians have an interest in return rather than a mere interest in settling within the territory of a state that provides them with civil rights and economic opportunities. The paper establishes the following three claims. First, Palestinians have some interests in return to the territory of Palestine-Israel. Second, many of these interests can be satisfied by establishing an independent Palestinian state in part of historical Palestine. Third, some of these interests are similar to the interests that (...) may justify an analogous right of return for Jews to the same land. (shrink)

A recent paper suggested that if Galilean covariance was extended to signals and interactions, the resulting theory would contain such anomalies as would have impelled physicists towards special relativity even without empirical prompts. I analyze this claim. Some so-called anomalies turn out to be errors. Others have classical analogs, which suggests that classical physicists would not have viewed them as anomalous. Still others, finally, remain intact in special relativity, so that they serve as no impetus towards this theory. I conclude (...) that Galilean covariance is insufficient to derive special relativity. (shrink)

This Paper explores the justifications for regulating modesty-related practices in liberal societies and uses two examples of modesty-related practices— the practice of wearing the hijab and the practice of separating men and women in buses—in order to demonstrate that modesty-related practices often rest on different rationales. Some of these rationales are oppressive and discriminatory while other are benign or even autonomy-enhancing. The multiplicity of meanings associated with modesty-related practices is a challenge to the policy maker. The Paper proposes that sometimes (...) it is possible to transform the social meaning of modesty-related practices without transforming the practices themselves. (shrink)

In his admirable book Dimensions of Dignity, 1 Jacob Weinrib develops a comprehensive dignity-based theory of public law. Weinrib's ‘unified theory’ of public law rests on dignity; dignity, under h...

This article examines communication between a human being and God in the Jewish philosophy of Hermann Cohen (1842–1918). The article focuses on two distinct forms of biblical communication: lyrical psalms and a godly revelation in a still small voice. It investigates Cohen’s Jewish philosophy in light of communication theories to deepen the philosophical and theoretical discussion. The article examines previously unexplored ideas in Cohen’s writings, analyzes his religious perceptions in terms of communication, and at the same time expands the concept (...) of communication. This new perspective sheds new light on Cohen’s Jewish philosophy and offers a new philosophic perception of divine-human communication. (shrink)

Maxmin Expected Utility was first axiomatized by Gilboa and Schmeidler in an Anscombe–Aumann setup Anscombe and Aumann which includes exogenous probabilities. The model was later axiomatized in a purely subjective setup, where no exogenous probabilities are assumed. The purpose of this note is to show that in all these axiomatizations, the only assumptions that are needed are the basic ones that are used to extract a cardinal utility function, together with the two typical Maxmin assumptions, Uncertainty Aversion and Certainty Independence, (...) applied only to 0.5:0.5 mixtures. For the purely subjective characterizations, this means that assumptions involving an unbounded number of variables can be replaced with assumptions that involve only a finite number thereof. (shrink)

What is it for a picture to be more realistic, or more depictive, than another? Without committing to any thesis as to what depiction consists in, I show that degrees of depictiveness are grounded in a certain relation between two basic kinds of differences between pictures: configurational differences and content differences. A picture is thus more depictive just in case it is seen as having fewer nondepictive features, whereas a nondepictive feature is individuated through the susceptibility of the picture's configuration (...) to change without entailing any change in the picture's content. (shrink)

This paper develops Kendall Walton's account of pictorial experience. Walton argues that the key feature of that experience is that it is imaginatively-penetrated experience. I argue that this idea, as put forward by Walton, has various shortcomings. After discussing these limitations, I suggest, on the basis of a more general phenomenon of cognitive penetration, a refinement of Walton's account. I then show how the revised account explains various features of pictorial experience. Specifically, I show that, given the manner in which (...) imaginings influence perceptual experience, Walton can dispense with the thesis that pictorial experience is twofold. (shrink)

This study uses a relational work design perspective to explore substitutes for leadership behaviors that promote team meaningfulness and performance. We propose that team task interdependence, a structural feature facilitating interaction among team members, can be a substitute for the contributions of empowering leadership. Data were collected from 47 R&D and technology implementation teams across three organizations in a cross-sectional field study. The results revealed that high task interdependence attenuated the contributions of empowering leadership concerning team meaningfulness and, indirectly, to (...) team performance. These findings highlight that the importance of leaders as generators of team meaningfulness is contingent on team relational work design. (shrink)

This paper discusses a counterexample to the thesis that visual experience is cognitively impenetrable. My central claim is that sometimes visual experience is influenced by the perceiver’s beliefs, rendering her experience’s representational content indeterminate. After discussing other examples of cognitive penetrability, I focus on a certain kind of visual experience— that is, an experience that occurs under radically nonstandard conditions—and show that it may have indeterminate content, particularly with respect to low-level properties such as colors and shapes. I then explain (...) how this indeterminacy depends on the perceiver’s beliefs or thoughts. Finally, I attempt to generalize the case and show how other sorts of visual experiences can also be penetrated by beliefs and, hence, be indeterminate. (shrink)

Quilty-Dunn et al.'s wide-ranging defense of the Language of Thought Hypothesis (LoTH) argues that vision traffics in abstract, structured representational formats. We agree: Vision, like language, is compositional – just as words compose into phrases, many visual representations contain discrete constituents that combine in systematic ways. Here, we amass evidence extending this proposal, and explore its implications for how vision interfaces with the rest of the mind.

Bertand’s paradox is a fundamental problem in probability that casts doubt on the applicability of the indifference principle by showing that it may yield contradictory results, depending on the meaning assigned to “randomness”. Jaynes claimed that symmetry requirements solve the paradox by selecting a unique solution to the problem. I show that this is not the case and that every variant obtained from the principle of indifference can also be obtained from Jaynes’ principle of transformation groups. This is because the (...) same symmetries can be mathematically implemented in different ways, depending on the procedure of random selection that one uses. I describe a simple experiment that supports a result from symmetry arguments, but the solution is different from Jaynes’. Jaynes’ method is thus best seen as a tool to obtain probability distributions when the principle of indifference is inconvenient, but it cannot resolve ambiguities inherent in the use of that principle and still depends on explicitly defining the selection procedure. (shrink)

Nelson Goodman argued that the pictorial relation is reducible to reference. After explaining why previous attempts to refute this thesis of reduction have failed, I argue that in order to show that the thesis is indeed wrong we must find an aspect of pictures that is incompatible with it. I proceed to argue that there is indeed such an element to pictures. Ordinarily, a picture depicts its subject as having aesthetic properties. I show that the depiction of these properties requires (...) the picture’s engagement of our aesthetic judgement. Yet if according to the thesis of reduction a picture refers to these aesthetic properties, they must be inaccessible to aesthetic judgement, because reference is based on arbitrary correlation rules. Since pictures do engage our aesthetic judgement, we must conclude that the pictorial relation is irreducible to reference. (shrink)

Works of fiction are alleged to differ from works of nonfiction in instructing their audience to imagine their content. Indeed, works of fiction have been defined in terms of this feature: they are works that mandate us to imagine their content. This paper examines this definition of works of fiction, focusing on the nature of the activity that ensues in response to reading or watching fiction. Investigating how imaginings function in other contexts, I show, first, that they presuppose a cognitive (...) infrastructure encompassing at least one additional kind of mental state, whose role is to determine, to some degree, truth in an imaginary world. I then discuss the implications for the definition of fiction, showing that the definition should be refined to accommodate the structure that imagining presupposes: a work counts as fiction just in case it mandates us, not only to imagine, but to engage in a more complex mental activity, an activity that in addition to imagining, involves positing a backdrop for our imaginings. (shrink)