The main purpose of the study is to analyze the feasibility and necessity of an EU Constitution. Briefly, the history of the draft constitution is as follows: The draft treaty aims to codify the two main treaties of the European Union - the Treaty of Rome of 1957 and the Treaty of Maastricht of 1992, as amended by the Treaty of Amsterdam (1997) and the Treaty of Nice (2001). The debate on the future of Europe is believed to have begun (...) with a speech by German Foreign Minister Joschka Fischer in Berlin in 2000. The process began after the Laeken Declaration, when the European Convention was set up, chaired by former French President Valerie Giscard d'Estaing, with the aim of drafting a constitution. The draft contract was published in July 2003. After lengthy discussions and debates over the proposal for qualified majority voting, the final text was approved in June 2004 and signed by representatives of the Member States on 29 October 2004. The failure of the treaty in France and the Netherlands is a serious blow to the European Union because these two countries are considered to be loyal supporters of the European project. The text of the treaty was subsequently rewritten by the Amato Group, officially the Active Committee on European Democracy (ACED), a group of high-ranking European politicians. During the German presidency of the Union, a new treaty was proposed - the Treaty of Lisbon - to replace the original draft of the Constitution. On 12 June 2008, the Lisbon Treaty was also rejected in a referendum in Ireland. But if we want to look beyond history, we can ask - Why does the EU need a Constitution and how can the Constitution be the roadmap to an advanced future for the EU? The answers to this question can be found by analyzing several directions (these are the main points of the article): historical reflexivity; socio-cultural analysis of the philosophical concepts of well-known political and social philosophers such as Immanuel Kant, John Locke; the modern constellation through the prism of Jürgen Habermas and the decision to make a text as a Constitution which its aim is to reach the starting point of an entire community like the EU. Keywords: constitution, EU, philosophy, law, John Locke, Immanuel Kant, Jurgen Habermas. (shrink)

This essay examines the notion of Narrentum (foolishness) in Franz Kafka’s writings, reflecting Walter Benjamin’s engagement with the legacy of Kafka’s fools. The Narr, associated with playfulness, irony, and resistance, provides a comic perspective on the question of being-Jewish. Alongside its Germanic, mostly Baroque, heritage, the Narr incorporates traditional Jewish tropes, primarily rooted in Aggadic traditions. However, in Kafka’s world, the Narr embodies performative skills also linked to Yiddish theatre. In Benjamin’s readings, Kafka’s Narr is associated with the crisis of (...) modern Judaism and with different modes of wisdom. The Narr signifies particular sorts of nihilistic freedom, which Benjamin refers to as redemptive. (shrink)

The article deals with the notion of the “Creature” as being displayed in Joseph Wittig’s essay titled Der Weg zur Kreatur. This piece by Wittig (1879–1949), one of the co-founders of the journal Die Kreatur, himself a banished Catholic thinker, an excommunicated theologian, was published in the third volume of the journal in 1929/1930. The major argument to be presented here, following Wittig’s essay, concerns the path (but also the method) into the world of the creature, namely, the way-back, a (...) regression, which depends on counter-movements, suspensions, gestures of recollection and witnessing. This path is based on the potentialities of the “first question” – a demand for the first word, a proper name for the silent, forgotten creature, being invited to encounter. The encounter with the creatures is a method of thinking, a way of being in this world that is based on the possibility of asking rightly the “first question”. For what this question performs is an attention, hearing of, a method of listening. In asking the question of (and for) the creature, language itself turns toward the world of the creation, in a search for a proper name, calling creation to be heard, to belong. (shrink)

What conceptual merit does the undying – the one that does not die properly – hold? What form of life is left for those who do not achieve death, those that death (the right, the necessity – to die...

This study considers the short list of Nature of Science features frequently published and widely known in the science education discourse. It is argued that these features were oversimplified and a refinement of the claims may enrich or sometimes reverse them. The analysis shows the need to address the range of variation in each particular aspect of NOS and to illustrate these variations with actual events from the history of science in order to adequately present the subject. Another implication of (...) the proposal is the highlighting of the central role of science educators who, facing various strong claims of researchers in education and philosophy of science, often have difficulty in making a choice of what to teach about NOS. It is suggested that a representative variation with regard to the traditional NOS claims may be appropriate for a genuine understanding of the subject. In that, using the discipline-culture structure of the fundamental theories of physics and addressing the plurality of scientific methods may be helpful in the actual teaching and learning of NOS. (shrink)

The aim of the current study was to monitor the changes that individual participants experienced as a result of taking part in a peace education program. The findings of prior analyses led to the understanding that participating in a peace program does not always ensure positive changes and may even cause a regression in attitudes. The present study was conducted in two stages. In the first stage, the researchers learned about the processes that participants underwent during a peace education program (...) and accordingly, a reinforcement program to restore/rehabilitate any negative attitudes was formed. In the second stage, the effectiveness over time of this reinforcement program was evaluated. The study’s findings show that engaging in reflection about the workshop content, especially when it is oriented towards positive thinking, is effective in reinforcing attitudes among participants who underwent a positive change in attitudes, and at the same time helps to rehabilitate attitudes among those participants who underwent a negative change. It is recommended that future peace education programs include at least three parts: preliminary preparation, the program itself, and follow-up/reinforcement activity after completion of the program. (shrink)

The legal language of lawyers and judges is generally dry and factual but an examination of the rulings of Israeli Supreme Court justices shows that at least some of them use very picturesque speech to support their positions. This paper describes the use of figurative language as employed by Israeli Supreme Court justices in their writing of verdicts. Examples of the use of metaphors, metonymy, word play, imagery, oxymorons, parables and allegory are cited and discussed.

Name der Zeitschrift: Naharaim Jahrgang: 8 Heft: 2 Seiten: 246-252.

Art therapy encourages the use of art materials to express feelings and thoughts in a supportive environment. Art materials differ in fluidity and are postulated to thus differentially enhance emotional response (the more fluid the material the more emotion). Yet, to the best of our knowledge, this assumption has not been empirically tested. The current study aimed to examine the emotional and physiological responses to art making with different art materials. We were particularly interested in vagal activity, indexed by heart (...) rate variability (HRV), because of its association with numerous health related outcomes. In this study, fifty adults (mean age 33 ± 10.27 years, 52% males) participated in a repeated measures experiment, in which they were requested to draw with three art materials (order randomized) differing in their level of fluidity (pencil, oil-pastels and gouache paint) intermittent with periods of music. We measured the emotional response to art making with each material using a self-report measure and matrices of HRV using a wearable electrocardiogram (ECG) device. We calculated two indices of HRV, one indicative of parasympathetic nervous system (PNS) activity, and one indicative of sympathetic nervous system (SNS) activity. Art making with gouache paint and oil pastels resulted in improved positive mood, while pencil did not. Art making explained approximately 35% of the variability in parasympathetic reactivity, which may indicate changes in emotional regulation processes during the art-making task. Yet, fluidity was not sufficient to explain the reaction to art-making. Surprisingly, the largest suppression of PNS and augmentation of the SNS occurred during art-making with oil-pastels and not with Gouache. Moreover, PNS and SNS reactivity to oil-pastels were related to emotional valance, which may point to emotional engagement. We can conclude that art-making with oil-pastels, first created in Japan in 1924 to increase self-expression of students, results in a unique emotional and physiological responses. These findings might be explained by the enhanced tactile experience of art-making with oil-pastels along with their relative fluidity, triggering an arousal pattern. Further studies that take the format and presentation of the materials as well as the content of the artwork, into account, are needed. (shrink)

Choices confront us with questions. How we act depends on our answers to those questions. So the way our beliefs guide our choices is not just a function of their informational content, but also depends systematically on the questions those beliefs address. This paper gives a precise account of the interplay between choices, questions and beliefs, and harnesses this account to obtain a principled approach to the problem of deduction. The result is a novel theory of belief-guided action that explains (...) and predicts the decisions of agents who, like ourselves, fail to be logically omniscient: that is, of agents whose beliefs may not be deductively closed, or even consistent. (Winner of the 2021 Isaac Levi Prize.). (shrink)

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

Public discussions of political and social issues are often characterized by deep and persistent polarization. In social psychology, it’s standard to treat belief polarization as the product of epistemic irrationality. In contrast, we argue that the persistent disagreement that grounds political and social polarization can be produced by epistemically rational agents, when those agents have limited cognitive resources. Using an agent-based model of group deliberation, we show that groups of deliberating agents using coherence-based strategies for managing their limited resources tend (...) to polarize into different subgroups. We argue that using that strategy is epistemically rational for limited agents. So even though group polarization looks like it must be the product of human irrationality, polarization can be the result of fully rational deliberation with natural human limitations. (shrink)

Theorists are converging from quite different quarters on a version of the global neuronal workspace model of consciousness, but there are residual confusions to be dissolved. In particular, theorists must resist the temptation to see global accessibility as the cause of consciousness (as if consciousness were some other, further condition); rather, it is consciousness. A useful metaphor for keeping this elusive idea in focus is that consciousness is rather like fame in the brain. It is not a privileged medium of (...) representation, or an added property some states have; it is the very mutual accessibility that gives some informational states the powers that come with a subject's consciousness of that information. Like fame, consciousness is not a momentary condition, or a purely dispositional state, but rather a matter of actual influence over time. Theorists who take on the task of accounting for the aftermath that is critical for consciousness often appear to be leaving out the Subject of consciousness, when in fact they are providing an analysis of the Subject, a necessary component in any serious theory of consciousness. (shrink)

Consequentialists say we may always promote the good. Deontologists object: not if that means killing one to save five. “Consequentializers” reply: this act is wrong, but it is not for the best, since killing is worse than letting die. I argue that this reply undercuts the “compellingness” of consequentialism, which comes from an outcome-based view of action that collapses the distinction between killing and letting die.

This classic analysis of Western liberal capitalist society contends that capitalism harbors the seeds of its downfall, particularly by effecting a certain cultural tendency among its most successful subjects that is bound to corrode its very foundations. As such, it is a conservative critique employing cultural concerns precisely where Marx prioritized economic ones.

This article explores the ethical architecture of the ‘beneficiary pays’ principle, which holds that agents can come to possess remedial obligations of corrective justice to others through the involuntary receipt of benefits stemming from injustice. Advocates of the principle face challenges of both persuasion and limitation in seeking to convince those unmoved of its normative force, and to explain in which cases of benefiting from injustice it does and does not give rise to rectificatory obligations. The article considers ways in (...) which advocates of the principle might seek to win over those sceptical of its merits by employing a modified principle which sidesteps the issue of enforceability, before considering the question of whether the argument can be expanded from cases of benefiting from wrongdoing specifically to other sorts of situation where one agent involuntarily benefits from another's loss. (shrink)

Alasia Nuti’s recent book Injustice and the Reproduction of History: Structural Inequalities, Gender and Redress puts forward a compelling vision of contemporary duties to redress past wrongdoing, grounded in the idea of “historical-structural-injustice”, constituted by the “structural reproduction of an unjust history over time and through changes”. Such an approach promises to transcend the familiar scholarly divide between “backward-looking” and “forward-looking” models, and allow for a reparative approach that focuses specifically on those past wrongs that impact the present, while retaining (...) a significant focus on the historical. While Nuti’s work is perhaps the most sophisticated treatment of structural injustice to date, this paper argues that an exclusive concentration on historical-structural-injustices neglects some aspects and some acts of wrongdoing that call out for present-day redress. What is needed, therefore, is a pluralist theory that can accept the pressing force in the present of historical-structural-injustices, whilst also making room for past-regarding duties that either do not fit, or are not best conceptualized in terms of, this approach, without being overwhelmed by the sheer scale of historic injustice. (shrink)

Majority rule is often regarded as an important democratic principle. But modern democracies divide voters into districts. So if the majority should rule, which majority should rule? Should it be the popular majority, or an electoral majority (i.e., either the majority of voters in the majority of districts, or the majority of voters in districts that contain the majority of the population)? I argue that majority rule requires rule by the popular majority. This view is not novel and may seem (...) obvious. But it is rarely defended, and often rejected. I defend it by arguing that this view about which majority should rule is best supported by the arguments for why the majority should rule, and best avoids the arbitrary and perverse verdicts of rule by electoral majorities. I close by considering the significant practical implications of the view. The Electoral College is often criticized on the basis that the winner of the popular vote doesn’t always win the election. But all district-based democracies have this feature, so all district-based democracies must be reformed if they are to satisfy the principle of majority rule. (shrink)

Conditionals frequently convey that the antecedent is relevant to the consequent. Recently many authors have argued that this relevance is part of the conventional meaning of conditionals, but this approach fails to account for many examples where a conditional is used to conveyirrelevance of antecedent to consequent. Both types of conditionals are best explained by a conventional meaning with no relevance requirement, and a separate process of coherence establishment among successive clauses in discourse. This account is supported by the distribution (...) of discourse particles and is able to account for experimental studies used to support the conventionalist position. (shrink)

A symposium on my *Objects: Nothing Out of the Ordinary* (2015). In response to Wallace, I attempt to clarify the dialectical and epistemic role that my arguments from counterexamples were meant to play, I provide a limited defense of the comparison to the Gettier examples, and I embrace the comparison to Moorean anti-skeptical arguments. In response to deRosset, I provide a clearer formulation of conservatism, explain how a conservative should think about the interaction between intuition and science, and discuss what (...) conservatives should say about scattered territories, clonal colonies, and arbitrary systems. In response to Tillman and Spencer, I fortify my original presentation of the debunking arguments by clarifying why, even while trees (if they exist) are paradigmatically causal, conservatives are meant to be rationally obstructed from believing that it is trees that are causing our tree beliefs. (shrink)

One very popular kind of semantics for subjunctive conditionals is aclosest-worlds account along the lines of theories given by David Lewisand Robert Stalnaker. If we could give the same sort of semantics forindicative conditionals, we would have a more unified account of themeaning of ``if ... then ...'' statements, one with manyadvantages for explaining the behaviour of conditional sentences. Such atreatment of indicative conditionals, however, has faced a battery ofobjections. This paper outlines a closest-worlds account of indicativeconditionals that does better (...) than some of its cousins in explaining thebehaviour of such conditionals. The paper then discusses objectionsoffered by Dorothy Edgington and Frank Jackson to closest-worldsaccounts of indicative conditionals, and shows that these objections canbe met by the account outlined. (shrink)

In this paper, I argue that explanations just ARE those sorts of things that, under the right circumstances and in the right sort of way, bring about understanding. This raises the question of why such a seemingly simple account of explanation, if correct, would not have been identified and agreed upon decades ago. The answer is that only recently has it been made possible to analyze explanation in terms of understanding without the risk of collapsing both to merely phenomenological states. (...) For the most part, theories of explanation were for 50 years held hostage to the historical accident that they far outstripped in sophistication corresponding accounts of understanding. (shrink)

The writings of Joseph Henry Woodger (1894–1981) are often taken to exemplify everything that was wrongheaded, misguided, and just plain wrong with early twentieth-century philosophy of biology. Over the years, commentators have said of Woodger: (a) that he was a fervent logical empiricist who tried to impose the explanatory gold standards of physics onto biology, (b) that his philosophical work was completely disconnected from biological science, (c) that he possessed no scientific or philosophical credentials, and (d) that his work was (...) disparaged – if not altogether ignored – by the biologists and philosophers of his era. In this paper, we provide the first systematic examination of Woodger’s oeuvre, and use it to demonstrate that the four preceding claims are false. We argue that Woodger’s ideas have exerted an important influence on biology and philosophy, and submit that the current consensus on his legacy stems from a highly selective reading of his works. By rehabilitating Woodger, we hope to show that there is no good reason to continue to disregard the numerous contributions to the philosophy of biology produced in the decades prior to the professionalization of the discipline. (shrink)

Functional localization has historically been one of the primary goals of neuroscience. There is still debate, however, about whether it is possible, and if so what kind of theories succeed at localization. I argue for a contextualist approach to localization. Most theorists assume that widespread contextual variability in function is fundamentally incompatible with functional decomposition in the brain, because contextualist accounts will fail to be generalizable and projectable. I argue that this assumption is misplaced. A properly articulated contextualism can ground (...) successful theories of localization even without positing completely generalizable accounts. Via a case study from perceptual neuroscience, I suggest that there is strong evidence for contextual variation in the function of perceptual brain areas. I then outline a version of contextualism that is empirically adequate with respect to this data, and claim that it can still distinguish brain areas from each other according to their functional properties. Finally, I claim that the view does not fail the norms for good theory in the way that anticontextualists suppose. It is true that, on a contextualist view, we will not have theories that are completely generalizable and predictive. We can, however, have successful partial generalizations that structure ongoing investigation and lead to novel functional insight, and this success is sufficient to ground the project of functional localization. (shrink)

While morality prohibits us from creating miserable children, it does not require us to create happy children. I offer an actualist explanation of this apparent asymmetry. Assume that for every possible world W, there is a distinct set of permissibility facts determined by the welfare of those who exist in W. Moral actualism says that actual-world permissibility facts should determine one's choice between worlds. But if one doesn't know which world is actual, one must aim for subjective rightness and maximize (...) expected actual-world permissibility. So, because one should expect actual people to be worse off than they could have been if one creates a miserable child, creating a miserable child is subjectively impermissible. And because one should expect actual people to be at least as well off as they could have been if one fails to create a happy child, failing to create a happy child is subjectively permissible. (shrink)

Nocebo effects occur when an adverse effect on the patient arises from the patient's own negative expectations. In accordance with informed consent, providers often disclose information that results in unintended adverse outcomes for the patient. While this may adhere to the principle of autonomy, it violates the doctrine of “primum non nocere,” given that side-effect disclosure may cause those side effects. In this article we build off previous work, particularly by Wells and Kaptchuk and by Cohen :3–11.[Taylor & Francis Online], (...) [Web of Science ®] [Google Scholar]), to suggest ethical guidelines that permit nondisclosure in the case when a nocebo effect is likely to occur on of the basis of nonmaleficence. We accept that that autonomy vis-à-vis informed consent must be forestalled, but salvage much of its role by elaborating a practical clinical approach to postencounter follow-up. In doing so, we reconcile a clinically practicable process of determining conditions of disclosure with long-standing ethical commitments to patients. (shrink)

We should conceive of illegal covert animal rescue as acts of “subrevolution” rather than as civil disobedience. Subrevolutions are revolutions that aim to overthrow some part of the government rather than the entire government. This framework better captures the relevant values than the opposing suggestion that we treat illegal covert animal rescue as civil disobedience. If animals have rights like the right not to be unjustly imprisoned and mistreated, then it does not make sense that an instance of animal rescue (...) will be justifiable only if it meets criteria for justified civil disobedience, e.g., the requirement that the civil disobedient not rescue more animals than would be necessary to communicate their message. Thus, the framework of subrevolution is a more apt way to analyze animal rescue. (shrink)

In a recent article, Elliot Sober responds to challenges to a counter-example that he posed some years earlier to the Principle of the Common Cause (PCC). I agree that Sober has indeed produced a genuine counter-example to the PCC, but argue against the methodological moral that Sober wishes to draw from it. Contrary to Sober, I argue that the possibility of exceptions to the PCC does not undermine its status as a central assumption for methods that endeavor to draw causal (...) conclusions from statistical data. 1 The PCC and the counter-example 2 Making non-stationary time series stand still 3 Sober's alternative. (shrink)

The rise of China, along with problems of governance in democratic countries, has reinvigorated the theory of political meritocracy. But what is the theory of political meritocracy and how can it set standards for evaluating political progress? To help answer these questions, this volume gathers a series of commissioned research papers from an interdisciplinary group of leading philosophers, historians and social scientists. The result is the first book in decades to examine the rise of political meritocracy and what it will (...) mean for political developments in China and the rest of the world. Despite its limitations, meritocracy has contributed much to human flourishing in East Asia and beyond and will continue to do so in the future. This book is essential reading for those who wish to further the debate and perhaps even help to implement desirable forms of political change. (shrink)

The global spread of corporate social responsibility (CSR) practices is widely explained in institutional-isomorphic terms: Corporations worldwide adopt CSR in reaction to isomorphic pressures exerted on them by a pro-CSR global environment, including normative calls for CSR, activist targeting, civil regulation frameworks, and educational activities. By contrast, this article considers the proactive agency of corporations in CSR diffusion, which is informed by nonmarket strategies that seek to instrumentally reshape the political and social environment of corporations. Applying a “channels-of-diffusion” perspective, we (...) show that in the initial phase of CSR’s transnational diffusion—as exemplified by the cases of Venezuela (1962-1967) and Britain (1977-1981)—CSR traveled through learning exchanges between business elite “exporters” and “importers” whose engagement in diffusion addressed crisis-enhanced political threats and opportunities in the receiving country. The focal agents established national CSR business associations, which disseminated among local corporations CSR practices adapted to confront the challenges at hand. We identify the features of such “business-led cross-national diffusions of CSR”; formulate propositions regarding their conditions, dynamics, and effects; and suggest that further research of this mode of diffusion would advance a more nuanced and balanced understanding of CSR’s globalization. (shrink)

Filmosophy is a provocative new manifesto for a radically philosophical way of understanding cinema. It coalesces twentieth-century ideas of film as thought (from Hugo Münsterberg to Gilles Deleuze) into a practical theory of "film-thinking," arguing that film style conveys poetic ideas through a constant dramatic "intent" about the characters, spaces, and events of film. Discussing contemporary filmmakers such as Béla Tarr and the Dardenne brothers, this timely contribution to the study of film and philosophy will provoke debate among audiences and (...) filmmakers alike. FILMOSOPHY ® is a registered U.S. trademark owned by Valentin Stoilov (www.filmosophy.com) for educational services in the field of motion picture history theory and production. Mr. Stoilov is not the source or origin of this book and has not sponsored or endorsed it or its author. (shrink)

A range of important ethical issues emerges from a consideration of the past interaction between colonizing and colonized peoples. This article first seeks to describe the key characteristics of colonialism as a system of domination and subjugation, before considering the legitimacy of contemporary judgments on the morality of historical colonialism. It then examines how the particular character of colonialism complicates arguments relating to the rectification of injustice. It concludes by asking what lessons those interested in ethics can learn from the (...) diverse body of work produced by writers in the postcolonial tradition. (shrink)