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 chapter contains section titled: Introduction The Nature of Rights: Logic, Substance, and Strength Rights and Their Role in Moral Theory Conclusion References.

The state has a duty to protect individuals from violations of their basic rights to life and liberty. But does the state have a duty to criminalize such violations? Further, if there is a duty on the part of the state to criminalize violations, should the duty be constitutionally entrenched? This paper argues that the answer to both questions is positive. The state has a duty not merely to effectively prevent violations of our rights to life and liberty, but also (...) to criminalize such violations. Further, the duty to criminalize ought to be constitutionally entrenched. In the absence of criminal prohibitions on violations of the right to life and liberty individuals live ‘at the mercy’ of others. In the absence of a constitutional duty to criminalize, life and liberty of individuals is contingent upon the judgments and inclinations of the legislature. In both cases citizens’ rights are ‘at the mercy of others’. I also show that the decisions of the German Constitutional Court concerning abortion can be justified on such grounds. (shrink)

As they process complex linguistic input, language comprehenders must maintain a mapping between lexical items (e.g., morphemes) and their syntactic position in the sentence. We propose a model of how these morpheme-position bindings are encoded, maintained, and reaccessed in working memory, based on working memory models such as “serial-order-in-a-box” and its SOB-Complex Span version. Like those models, our model of linguistic working memory derives a range of attested memory interference effects from the process of binding items to positions in working (...) memory. We present simulation results capturing similarity-based interference as well as item distortion effects. Our model provides a unified account of these two major classes of interference effects in sentence processing, attributing both types of effects to an associative memory architecture underpinning linguistic computation. (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.

In the current research, we examined whether ostracism and sexual objectification affect the tendency to blame the victim of sexual harassment. Previous research concerning victim blame examined the attribution of blame considering the characteristics of the victim, the perpetrator, and the relation between them. However, no research to date examined whether situational factors of the perceiver can affect their perception and judgment of blame. We propose that sexual objectification and ostracism may elicit empathy toward the victim, and in turn, reduce (...) victim blame. In two experimental studies, women were instructed to imagine interacting with a videotaped man who either gazed at their body, away from them, or at their face. Then, they were asked to read a newspaper article or watch a video portraying encounters in which the man's sexual advances continued after the woman expressed discomfort and lack of interest. In study 1, we found that sexually objectified women attributed less blame to the woman compared with the women who were treated well, with ostracized women falling in between and marginally different from both. In study 2, using mediation analysis we found an indirect effect such that sexually objectified women experienced greater empathy toward the victim, which was associated with reduced attribution of blame. It appears that greater similarity between the situation of the perceiver and the situation of the victim elicits greater empathy. This adds to the previous knowledge that personality similarities result in higher empathy. (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)

Following the tradition of feminist philosophers and scholars of science from the 1980s onward such as Evelyn Fox-Keller, Helen Longino, Anne Fausto-Sterling, and others who revealed how popular notions of masculinity and femininity infiltrated and shaped the content of scientific knowledge, Sarah S. Richardson's book Sex Itself: The Search for Male and Female in the Human Genome deserves a place on the shelf with this canonical literature. It addresses one of the most celebrated symbols of biological sex binary: the X (...) and Y chromosomes. The X and Y chromosomes, we learn, were not given the role of "sex chromosomes" upon their discovery in 1890 and 1905, respectively. Their transformation into the ultimate... (shrink)

In Computers Ltd, David Harel, best-selling author of Algorithmics, explains and illustrates one of the most fundamental, yet under-exposed facets of computers - their inherent limitations. Looking at the bad news that is proven, lasting, and robust, discussing limitations that no amounts of hardware, software, talents, or resources can overcome, the book presents a disturbing and provocative view of computing at the start of the 21st century.

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

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...

In a recent paper, M. Finkelberg has endorsed part of M.L. West's emendation of the fifth strophe of the second stasimon in Aeschylus’ Seven against Thebes. In her opinion, accepting West's emendation also allows adopting earlier emendations proposed by Schütz and Prien, leading to a better understanding of the passage. It is recalled that this is where the chorus relates the disasters that ensued from Oedipus’ discovery of the truth about his marriage. In the following short discussion, I intend to (...) revisit and defend once again the reading, according to which the two acts mentioned in connection with Oedipus’ discovery are gouging out his eyes and casting a curse on his sons, and not murdering his father and bedding his mother. (shrink)

Fertility treatments, which are part of "assisted reproductive technologies" (ART), mainly undertaken through in vitro fertilization (IVF), offer the opportunity to infertile couples to conceive. IVF treatments are undertaken in Israel in significantly higher numbers than in the rest of the world. As such, Israel provides an important case-in-point for examining the validity of the actual claims used to justify the more generous public funding of IVF treatments at the policy level. In this article, we utilize an analytical philosophy approach (...) to conduct this examination. First, we highlight two fundamental concepts that were used at the Israeli public policy level in order to justify the generous public funding of IVF treatments. These concepts are “emotional vulnerability” and the “worthlessness of the childless,” where the latter emphasizes the infinite value of children. Then, by applying the perspective of the European model of Bioethical Principlism, and focusing the attention to these two concepts we show that these justifications are invalid. Specifically, it is suggested that these concepts are on the one hand both relying on and expressing the principles of vulnerability, dignity, and integrity; yet on the other hand, these concepts are also undermining the very principles of bioethics they are supposed to express and rely on. Based on this suggested criticism, we offer two “take home” messages informed by our analysis of the Israeli case, but reaching beyond it. (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)

The meritocratic principle of educational justice maintains that it is unfair that individuals with similar ability who invest equal effort, have unequal educational prospects. In this paper I argue that the conception of ability that meritocracy assumes, namely as an innate trait, is critically flawed. Absent a coherent conception of ability, meritocracy loses its ability to morally evaluate educational practices and policies, rendering it an unworkable principle of educational justice. Replacing innate ability with an alternative conception of ability is, therefore, (...) crucial for meritocratic educational justice. I propose incorporating an alternative conception of ability into meritocracy—as the ″current limits of student ability″. The account of meritocracy that follows entails that unequal educational prospects are fair only when they result from the constraints of individual potential (or from differential effort). I argue that this potential-based account of meritocracy, though demanding, is a plausible and attractive account of educational justice. (shrink)

Why Law Matters examines various legal and political institutions and procedures and argues that the desirability of these institutions and procedures is not contingent and does not hinge on the prospects that these institutions are conducive to the realization of valuable ends. Instead, various legal institutions and legal procedures that are often perceived as contingent means to facilitate the realization of valuable ends matter as such.

This book is a collection consisting of an introduction and nine essays that explore foundational aspects of criminal law. As the introduction makes clear, the book is eclectic and the essays can be classified under three main headings. The first group of essays explores the political constitution of criminal law as part of the institutional structure of the state. The second group of essays investigates the question of the authority of criminal law and its potential to create reasons for action. (...) The third group deals with transnational and international criminal law. The essays are primarily normative but they also contain historical and sociological discussions. The book will therefore be of interest to criminal lawyers, political and legal philosophers, political scientists and policy-makers. I will review separately some of the essays.Nicola Lacey’s essay, “What Constitutes Criminal Law?,” touches upon the fundamental question of criminal law: the question of legitimation. Lacey ap .. (shrink)

People experience various negative emotions in their everyday lives. They feel anger toward aggressive drivers, shame for making a mistake at work, and guilt for hurting another person. When these...

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)

Contrary to what Cordelli argues, the relationship between Kantian legitimacy and democratic decision-making is contingent rather than necessary. This paper counters the connection between Kantian legitimacy and democracy in three ways: by arguing that democratic authorization is (i) not necessary, (ii) not sufficient, and indeed may be (iii) detrimental to, legitimate governance.

Recommender systems are recently developed computer-assisted tools that support social and informational needs of various communities and help users exploit huge amounts of data for making optimal decisions. In this study, we present a new recommender system for assessment and risk prediction in child welfare institutions in Israel. The system exploits a large diachronic repository of manually completed questionnaires on functioning of welfare institutions and proposes two different rule-based computational models. The system accepts users’ requests via a simple graphical interface, (...) calculates the institutions’ profiles according to user preferences, and presents assessment scores, trends and comparative analyses of the corresponding data using assorted visual aids. Based on the analysis, the system offers three different strategies for objective assessment of the institutions’ functioning and risks. Qualitative and quantitative evaluation of the system’s effectiveness and accuracy demonstrates that it substantially improves the assessment process of a welfare institution. Moreover, it provides an effective tool for objective large-scale analysis of the institution’s overall state and trends, which were previously based primarily on the institution supervisors’ subjective judgment and intuition. In addition, the proposed recommender system has great practical and social impact as it may help identify and avert potential problems, malfunctions, flaws, risks and even tragic incidents in child welfare institutions, as well as increase their overall functioning levels. As a result, as a long-term social implication, the system may also help reduce inequality and social gaps in the Israeli society. (shrink)