This article argues that considerations of moral psychology support the traditional stringency of the rule according to which fiduciaries who get involved in a potential conflict of interest shall be stripped of all their gains. The application of the rule, regardless of good faith on the part of the fiduciary, is being contested by courts and academia alike. The article is focused on the ‘deterrence’ justification for the rule, and argues that its unusual strictness should be read as a response (...) to a substantial risk of conscious-silencing self-deception. Given the knowledge gap between them, the principal is very much dependent on the fiduciary's personal integrity but, in the grip of self-deception, the fiduciary's inner checks break down so that manipulative transactions are approved as harmless ones. Two distinctive features of the fiduciary relationship increase the chances that even a professional and virtuous fiduciary will be moved by self-deception to misapprehend the harm which a conflict of interest might cause to the principal: first, the wide discretion in the application of the fiduciary's duty to specific situations; and, second, the power gap between the fiduciary and the principal which enhances the temptation to exploit the fiduciary's position. This risk can only be averted by the more stringent version of the rule, as it is only by preventing the fiduciary from ever considering the legitimacy of a specific conflict of interest that we can hinder the process of reflection which is so prone to being subverted by self-deception. (shrink)

This book sets out to defend the claim that Equity ought to remain a separate body of law; the temptation to iron-out the differences between neighbouring doctrines on the two sides of the Equity/Common Law divide should, in most cases, be resisted. The theoretical part of the book is argues that the characteristics of Equity, namely, appeal to conscience, flexibility, retroactivity and the use of morally-freighted jargon, are essential for the implementation of a legal ideal that has been neglected by (...) the Common Law: 'Accountability Correspondence'. According to this fundamental legal ideal, liability imposed by legal rules should correspond to the pattern of moral duty in the circumstances to which the rules apply. Equity promotes this ideal in the fields of property and obligations by disallowing parties to exploit the rule-like nature of Common Law norms in a way that breaches their moral duty to the other party. By reference to various equitable doctrines, it is argued that the faults identified by critics of Equity, especially from the perspective of the Rule of Law, are highly exaggerated, and that the criticism often reflects a political belief in the supremacy of individualism and free market over empathy and social justice. The theoretical part is followed by three chapters, each dedicated to an in-depth analysis of the equitable doctrines of fiduciary duties, proprietary estoppel, and clean hands. For each doctrine, it is shown how their equitable characteristics are indispensable for achieving their social, ethical and economic purpose. (shrink)

Upon arriving in Auschwitz Primo Levi discovered that rational discourse, in which actions are done for reasons, was left lying on the carriage floor together with his human dignity. By responding ‘Here one doesn't ask why’, the camp guard succinctly conveys the insight that evil defies reason. This paper examines two studies of evil that are predicated on that idea: Kant's and Augustine's. It argues that their theories share an underlying formation wherein evil remains incomprehensible, except in negative terms as (...) an absence of the reasonable. This deep similarity in the structure of the concept of evil is exceptionally striking if we bear in mind the radical difference in the scope of its application: whereas for Augustine ‘evil’ is a general metaphysical concept that concerns everything that goes wrong in creation, for Kant it is limited to agents and what they do. My argument is that the privative structure which underlies their understanding of evil stems from a shared belief in the central role of rationality in ethical discourse, and in an absolute dependence of moral responsibility on free will. (shrink)

The paper argues that there are good reasons to frame the categories of equitable liability around the concept of conscience. A quick look at recent case law reveals an increasing use of conscience categories to discourage overly selfish behaviour among parties to commercial relationships. Critics discard 'conscionability' as an empty category of reference, or see it as a dangerously subjective point of reference. I want to show that the critics assume a very specific, and controversial, model of conscience in which (...) it is a mere subjective psychological disposition to follow one's hunch about right and wrong. Instead, conscionability should be interpreted in accordance with the Kantian objectivist model, as referring to the point of convergence between people's motivation to do good and their commitment to objective moral norms. On this model, conscience has a strong public aspect as the reasons on which it operates apply to all reasonable human beings at all times. (shrink)

The paper argues that pain is not a good counter-example to the privation theory of evil. Objectors to the privation thesis see pain as too real to be accounted for in privative terms. However, the properties for which pain is intuitively thought of as real, i.e. its localised nature, intensity, and quality are features of the senso-somatic aspect of pain. This is a problem for the objectors because, as findings of modern science clearly demonstrate, the senso-somatic aspect of pain is (...) neurologically and clinically separate from the emotional-psychological aspect of suffering. The intuition that what seems so real in pain is also the source of pain’s negative value thus falls apart. As far as the affective aspect of pain, i.e. ”painfulness’ is concerned, it cannot refute the privation thesis either. For even if this is indeed the source of pain’s badness, the affective aspect is best accounted for in privative terms of loss and negation. The same holds for the effect of pain on the aching person. (shrink)

What solutions can we find in the research literature for preventing sexual violence, and what psychological theories have guided these efforts? We gather all primary prevention efforts to reduce sexual violence from 1985 to 2018 and provide a bird’s-eye view of the literature. We first review predominant theoretical approaches to sexual-violence perpetration prevention by highlighting three interventions that exemplify the zeitgeist of primary prevention efforts at various points during this time period. We find a throughline in primary prevention interventions: They (...) aim to change attitudes, beliefs, and knowledge (i.e., ideas) to reduce sexual-violence perpetration and victimization. Our meta-analysis of these studies tests the efficacy of this approach directly and finds that although many interventions are successful at changing ideas, behavior change does not follow. There is little to no relationship between changing attitudes, beliefs, and knowledge and reducing victimization or perpetration. We also observe trends over time, including a shift from targeting a reduction in perpetration to targeting an increase in bystander intervention. We conclude by highlighting promising new strategies for measuring victimization and perpetration and calling for interventions that are informed by theories of behavior change and that center sexually violent behavior as the key outcome of interest. (shrink)

In recent years, the field of virtual reality (VR) has shown tremendous advancements and is utilized in fields ranging from entertainment, scientific research, social networks, artistic creation as well as numerous approaches to employ VR for psychotherapy. While the use of VR in psychotherapy has been widely discussed, little attention has been given to the potential of this new medium for art therapy. Artistic expression in virtual reality is a novel medium which offers unique possibilities, extending beyond classical expressive art (...) mediums. Creation in virtual reality includes options such as three-dimensional painting, an immersive creative experience, dynamic scaling and embodied expression. In this perspective paper, we present the potentials and challenges of virtual reality for art therapy and outline basic principles for its implementation. We focus on the novel qualities offered by this creative medium (the virtual environment, virtual materials and unreal characteristics) and on the core aspects of virtual reality (such as presence, Immersivity, point of view and perspective) for the practice of art therapy. (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)

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)

Metaphor abounds in both sign and spoken languages. However, in sign languages, languages in the visual-manual modality, metaphors work a bit differently than they do in spoken languages. In this paper we explore some of the ways in which metaphors in sign languages differ from metaphors in spoken languages. We address three differences: (a) Some metaphors are very common in spoken languages yet are infelicitous in sign languages; (b) Body-part terms are possible in very specific types of metaphors in sign (...) languages, but are not so restricted in spoken languages; (c) Similes in some sign languages are dispreferred in predicative positions in which metaphors are fine, in contrast to spoken languages where both can appear in these environments. We argue that these differences can be explained by two seemingly unrelated principles: the Double Mapping Constraint (Meir 2010), which accounts for the interaction between metaphor and iconicity in languages, and Croft's (2003) constraint regarding the autonomy and dependency of elements in metaphorical constructions. We further argue that the study of metaphor in the signed modality offers novel insights concerning the nature of metaphor in general, and the role of figurative speech in language. (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)

Rebbetzin Yehudis Samet has double vision - and in this charming and stimulating book she shares her gift with us. What kind of double vision? How often have we been sure, positive, willing to swear - that someone did something terrible? After all, seeing is believing, isn't it? Not always. It is all too easy to misinterpret facts and think the worst, instead of the best. Rebbetzin Samet teaches us how to look for the truth, instead of the (...) obvious. And she does it in a very enjoyable way, through a wealth of stories that have surprise endings. Everyone loves surprises, especially when they are as pleasant as these. Read, enjoy and see how your perceptions change for the better! (shrink)

Trilling's "larger naturalism," acknowledging as it does the value of mystery and the power of fact, aligns him with Arnold and Freud and Forster in an effort to synthesize the legacies of the Enlightenment and of the Romantic movement: conscious of the authority of the imagination, he "never deceives himself into believing that the power of the imagination is sovereign, that it can make the power of circumstance of no account" ; committed to reason and to an ideal of rational (...) order, he is yet continuously aware of the limits of reason, of the rational intellect's potential tyranny over the emotions, of those forces within men and without which frustrate the mind's will to organize and control experience.1 And this "larger naturalism," with its emphasis upon "a social tradition," implicates Trilling in a particular view of the novel - a view which may be said to inform all of his thinking but which achieves its fullest and clearest expression in such well-known essays as "Manners, Morals and the Novel" and "Art and Fortune." "The novel," he remarks in the first of these polemics, "...is a perpetual quest for reality, the field of its research being always the social world, the material of its analysis being always manners as the indication of the direction of man's soul” . · 1. Nathan A. Scott, Jr., makes substantially the same point in his superb and very nearly definitive account of Trilling's "Anxious Humanism" . Readers familiar with Professor Scott's study will recognize at once the deep and general indebtedness which I am pleased to acknowledge here. Tom Samet is an instructor in literature at Douglass College, Rutgers University. He is currently preparing essays on Henry James and on Conrad and Hemingway. "The Modulated Vision" is part of a study, in progress, of Lionel Trilling and the Anxieties of the Modern. (shrink)

“Neyi bilebilirim? Nasıl bilebilirim? Nasıl eylemde bulunurum?” sorularına felsefe tarihi boyunca cevap aranmıştır. Yanıtların sürekli yenisi ile güncellendiği bir süreçte, bugün geldiğimiz nokta bize bilginin hakikatine yönelik araştırmaların yerini gündelik bilginin ticaretine bıraktığını göstermektedir. ChatGPT (3,5) gibi yapay zekâ dil modelleri insanların sıradan sohbet arkadaşı olmasının ötesinde, kendi ifadesi ile dili anlama, analiz etme ve üretme yeteneklerine sahip bir mekanizmadır. Yapay zekanın gelişimiyle birlikte, akademik yazım süreçlerinde yapay zekâ tabanlı dil modelleri araştırmacılara, yazarlara ve öğrencilere yazma sürecinde hız, veriye dayalı (...) içerik üretimi ve hataların azaltılması gibi faydalar sunarken, etik kaygıları da beraberinde getirmektedir. İçinde bulunduğumuz çağ itibariyle yapay zekânın makale yazabilir olması değil, bu makaleyi nasıl değerlendirmemiz gerektiği gerçeği ile yüzleşmek zorundayız. Yapay zekâ ve insan iş birliğinin, akademi dünyasında özgün ve değerli içerikler oluşturması imkânsız değildir. Buna karşın öne sürülen düşüncenin ne derece intihal olduğu, intihal ise nasıl bir tavır izlenmesi gerektiği tartışmalıdır. Bu çalışmada, yapay zekâ ve akademik yazım alanlarının birlikte ilerlemesi ve etkileşimi dikkate alındığında yapay zekâ temelli dil programlarının yardımı ile üretilen yazıları nasıl değerlendirmemiz gerektiğini tartışacağız. Bu doğrultuda ilk bölümde, ChatGPT’nin kavramsal tahlil ve mantıksal çıkarım ilkelerini sınadık. ChatGPT kendisine sorduğumuz genel konulara belirli etik ön kabuller çerçevesinde makul yanıtlar vermektedir. Buna karşın, özellikle mantıksal akıl yürütmeye ilişkin konularda yeteri kadar başarılı olamadığı gibi tekrar eden komutlar ChatGPT’nin mantıksal tutarsız yanıtlar vermesine sebep olmaktadır. Söz konusu tutarsızlık kendisinin etik ön kabulüne de sirayet edebilmektedir. Dolayısı ile mevcut ön kabullerin nasıl tasarlandığına ilişkin soruları beraberinde getirmekte ve ChatGPT’nin güvenirliğini tartışmaya açmaktadır. İkinci bölümde ise ChatGPT’den karşılaştırmalı bir konu üzerine deneme yazmasını istedik. Doğru ve açıklayıcı komut dizimi ile kelime sınırı olmaksızın ChatGPT yardımı ile bir makale yazmak mümkündür. Buna karşın ortaya konan metnin özgünlük ve intihal denetiminin nasıl yapılacağı/yapılması gerektiği tartışmalıdır. Bu çalışmada da gösterildiği gibi çevrimiçi benzerlik tespit uygulamaları tüm dilleri algılayacak şekilde yapay zekâ desteğini henüz sağlayamadığı için İngilizce ve Türkçe aynı içeriğe sahip yazıların benzerlik oranı birbirinden tamamen farklıdır. Bununla birlikte, yapay zekâ yardımı ile yazılan bir metnin ne derece özgün kabul edileceği de ayrıca tartışmalıdır. Sadece öğrenen değil öğreten ve yazıların denetlenme ve yayımlanma sürecinde rol alacak kimselerin de faydalanabileceği ChatGPT’nin akademide ne şekilde yer alacağı/alması gerektiği ötelenemez bir meseledir. Çalışmamızı bu tartışmaya verilebilecek yanıtlar çerçevesinde ilerleterek şu sonuca ulaştık: Yapay zekânın getirdiği ilerleme araştırmacılara kullanışlı imkanlar sunsa da etik ve güvenilirlik açılarından dikkatli bir şekilde yönetilmediği takdirde araştırmacının özgün doğasından uzaklaşmasına sebep olabilir. Netice itibariyle yapay zekâ yardımı ile ortaya konan bir çalışmanın araştırmacının kendi özgünlüğünü ve etik kaygılarını içermesi esastır. (shrink)

Nanomedicine offers remarkable options for new therapeutic avenues. As methods in nanomedicine advance, ethical questions conjunctly arise. Nanomedicine is an exceptional niche in several aspects as it reflects risks and uncertainties not encountered in other areas of medical research or practice. Nanomedicine partially overlaps, partially interlocks and partially exceeds other medical disciplines. Some interpreters agree that advances in nanotechnology may pose varied ethical challenges, whilst others argue that these challenges are not new and that nanotechnology basically echoes recurrent bioethical dilemmas. (...) The purpose of this article is to discuss some of the ethical issues related to nanomedicine and to reflect on the question whether nanomedicine generates ethical challenges of new and unique nature. Such a determination should have implications on regulatory processes and professional conducts and protocols in the future. (shrink)

Dans son influent Proofs and Refutations (Preuves et Réfutations), Lakatos introduit les méthodes de preuves et de réfutations en discutant l’histoire et le développement de la formule V — E+F = 2 d’Euler pour les polyèdres en 3 dimensions. Lakatos croyait, en effet, que l’histoire du polyèdre présentait un bon exemple pour sa philosophie et sa méthodologie des mathématiques, incluant la géométrie. Le présent travail met l’accent sur les propriétés mathématiques et topologiques qui sont incorporées dans l’approche méthodologique de Lakatos. (...) Pour chaque exemple et contre-exemple utilisé par Lakatos, nous présenterons brièvement sa contrepartie topologique, ce qui nous permettra de présenter les fondations et les motivations mathématiques derrière sa philosophie de la méthodologie des mathématiques et finalement, par ce fait même, nous développerons certaines intuitions sur le fonctionnement de ses notions d’heuristique négative et d’heuristique positive. (shrink)

Social policies to promote socially excluded young adult women generally concentrate on education, employment, and residence but tend to neglect thriving. The current article puts forward a Civic Engagement Community Participation Thriving Model (CECP-TM) that views thriving as a social policy goal in and of itself. It posits that civic engagement, beyond its contribution to social justice, serves as a vehicle for thriving through self-exploration and identity formation. Both are considered key components of successful maturation and thriving. Nonetheless, civic engagement (...) and self-exploration tend not to be nurtured in socially excluded young adult women, a unique group experiencing intersecting discrimination. The model shows how active civic engagement in the context of a community of peers contributes to developing a sense of belonging and connectedness and promotes new self-reflection, identity formation, and agency capabilities. When situated within the context of intersectionality, these encourage the development of critical consciousness and new understandings of “who I am and how I fit into the social world in which we live.” These can provide a sense of meaning, contribute to identity formation, and promote the thriving of the self and the community. Several examples illustrate the model. (shrink)

ABSTRACT There is growing interest in epistemic injustice and its connection to education. However, the relation between social studies and epistemic injustice has not yet been adequately explored and this topic has been given insufficient attention by social studies educators. But it is regarded as an important resource for students who are socially disadvantaged to render their experiences intelligible. However, due to its unique status, it has also been an effective tool for those who are in power and want to (...) maintain social inequalities. For that reason, social studies is the subject most likely to give rise to epistemic injustice in the classroom. In this paper, we address this issue that is currently coming to the fore in social studies. We argue that cultivating moral sensitivity plays a substantive role in overcoming epistemic injustice and this cultivation comes with shaping student’s schemas by integrating the interpretive resources into social studies. (shrink)

The aim of this paper is two-fold: firstly, to argue for the claim that the two problems of geometry presented in the Meno seems to be connected to each other, and secondly, to offer, in connection with the first claim, a conjecture concerning the nature of the second problem of geometry brought up in the dialogue at 86e. This paper offers, in particular, a historical reconstruction of how we should understand this problem of construction in geometry.

The book provides a deep account of the use of computational thinking (CT) skills in education, with a focus on individual, social and cultural elements, and dives into issues foregrounding CT skills. Although the chapters of the book provide important educational and practical implications for the reader, methodological choices and the lack of theoretical connections of CT concepts curtail the use of CT skills in education, from a constructionist view.

We discuss the evolution of the distributive double noun (quivis) in biblical Hebrew. This construction developed from an asyndeton in Classical Biblical Hebrew (e.g., איש איש) into a syndeton in Late Biblical Hebrew (e.g., איש ואיש), a process that makes it an important diachronic marker in classifying and analyzing these two varieties of the language.

The Qurʾān is certainly the last of the divine teachings and the most perfect. While this holy book has a perfect miraculous feature, especially since its rules are valid until the Day of Judgment, it also contains many unique features in terms of style and content. The Qurʾān firstly asks people to understand it thoroughly and live it in their lives. In order for them to live, they must first correctly understand the messages that the Qurʾān gave to people. In (...) order to understand it well, they must either know the language it uses or try to understand it through translations. It is obvious that it is not practically possible for all people to know Arabic. Because people have different languages, cultures, and races due to the wisdom of Allah. Therefore, nations who speak different languages in the world have translated the Qurʾān into their own languages in order to understand what the Qurʾān means and to apply its rules to their lives. It is a fact that the Qurʾān was partially translated into different languages during the reign of Prophet Muḥammad (pbuh). As a matter of fact, Salmān al-Fārisī's (d. 36/656 [?]) (r.a.) translation of Surah Fatiha into Persian and the translation of the verses in the letters that our Prophet (pbuh) had written in order to invite communities speaking different languages to Islam can be given as an example to this situation. The Qurʾān has been many times interpreted, mealed, and translated into different languages of the world since the time it was revealed to the present day. There is no doubt that the translation of the Qurʾān will continue as long as people speak different languages until the end of the worldly life. It is mentioned in the sources that the first translation of the Qurʾān into Kazakh was made by Mūsā Jārullāh (d. 1368/1949) at the beginning of the 20th century. However, this translated work was not published and remained only as a manuscript. Another important issue is the scholars' thoughts on the language of the translation in question. As a matter of fact, according to them, the language of the translation is Tatar, not Kazakh. In this study named as ‘TheTranslation Issue of Mutashābih Expressions in the Example of Kazakh Translations Prepared in the 20th Century’ five important Kazakh translation works were examined prepared in the 20th century, named as Qurʾān Shareef Kazakhsha Magina Jane Tusinigi of Khalifa Altay (d. 1424/2003), Qurʾān Kareem Kazakhsha Avdarmasi of Azīz Akituli (d. 1434/2013) and Makash Akituli (d. 1424/2003), Qurʾān Kareem Jane Onin Kazakhsha Maginasi of Nurali Oserov (d. 1435/2014) and Jumabay Istaeev (d. 1422/2001), Qurʾān Kareem of Ratbek Nisanbayuli and Vahap Kidirhanuli and Qurʾān Kareem Kazakhsha Magina Jane Tusinigi of Vahap Kidirhanuli. First, the lives of the authors, the general evaluations of those works, the language of the published works, the problematic aspects, and technical features in terms of method and content were discussed. In the next step, how the translators translated the khabarī attributes, which are among the mutashâbih expressions in the Holy Qurʾān, into Kazakh and the problems that these translations cause are addressed. One of the most important subjects and issues of the science of tafsīr, which has an important place in the scientific tradition of the Islamic religion, is undoubtedly the issue of mutashabihs in the Qurʾān, and the subject has been discussed by especially theologians in many scientific traditions in the historical process. Allah almighty, the Creator of all realms, informs people of some of his qualities in the Qurʾān so that we can know himi and have knowledge of what kind of being Allah is. Through revelation, Allah introduced himself to his believers via an understandable language framework which includes appropriate comparisons and metaphors. This presentation has also been realized through the ḥadīths of Prophet Muḥammad (pbuh). Therefore, these two sources inform us Allah's qualities Khabarī qualities refer to those that are reported in verses and ḥadīths and that are fixed by revelation. In this article, the eleven verses in which the mutashābih adjectives that are attributed to Allah, such as yad, vach, ayn, istiwa, kabza, macī', and etā, are considered as examples. Understanding the qualities of Allah correctly is very important in terms of having a affirmative and corrective faith. This study aims to reveal what kind of kalamī view Kazakh translators use when interpreting mutashābih expressions into Kazakh. In addition, in the study, mutashābih expressions should be interpreted within the boundaries determined by the Qur'ān and the Science of Ḥadīth, with expressions that can be accepted by the human mind, without falling into simile and embody. To our knowledge this is the first study focusing on on the issue of translating mutashābih expressions in Kazakh translations made in Kazakhstan in the 20th century. (shrink)

Hans Reichenbach introduced two seemingly separate sets of distinctions in his epistemology at different times. One is between the axioms of coordination and the axioms of connections. The other distinction is between the context of discovery and the context of justification. The status and nature of each of these distinctions have been subject-matter of an ongoing debate among philosophers of science. Thus, there is a significant amount of works considering both distinctions separately. However, the relevance of Reichenbach's two distinctions to (...) each other does not seem to have enjoyed the same amount of interest so far. This is what I would like to consider in this paper. In other words, I am concerned with the question: what kind of relationship is there between his two distinctions, if there is any? (shrink)

This article is an attempt to construct a new approach to and narrative of early Ottoman conquests in Thrace in the 1360s and 1370s. It argues that the so-called second capital of the Ottomans, Adrianople (Edirne), was conquered three times through a detailed evaluation of known, neglected, or unknow sources. The second conquest was almost certainly by frontier lords who conquered the city for their own interests. At the same time, the article challenges the unilinear rise paradigm within the Ottoman (...) studies. It showcases that, in the given period, the political arena between Ottomans, Byzantines, and other Turkish lords was open to various contingencies and dominated through constant negotiations among various parties. The practices of conquest, loss, and reconquest by those various parties determined the color of struggles not only in the case of Adrianople but also various other Thracian towns. The article finally sheds light on the role of a suppressed group of frontier lords who had their own political claims and agenda, betimes contrary to the Ottoman center. In the final analysis, this is an attempt to understand how new historical reconstructions may open up ways to conceptualize the political and social nature of the region in this period. (shrink)