In this article, I explore some facets of the roles of legal philosophy on the one hand, theology on the other, in the construction of a theory of Jewish Law (halakhah). I commence with three issues arising primarily from the use of legal philosophy as a model for the construction of a theory of halakhah: (A) the authority system, viewed in terms of a theory of sources; (B) the relationship between law and morality; (C) the judicial role. I then turn (...) to the theological model, noting from the start the conceptual issue of the nature of ‘religious law’ as conceived in the Jewish tradition. Downloadable from downloadable from http://jewishlawassociation.org/resources.htm. (shrink)

Jewish law has a history stretching from the early period to the modern State of Israel, encompassing the Talmud, Geonic and later codifications, the Spanish Golden Age, medieval and modern responsa, the Holocaust and modern reforms. Fifteen distinct periods are separately studied in this volume, each one by a leading specialist, and the emphasis throughout is on the development of the institutions and sources of the law.

his book develops an account of legal reasoning based on underlying narrative patterns, and compares other such approaches in legal philosophy, psychology and history. Download full ToC and Preface from http://www.legaltheory.demon.co.uk/books_lfnc.html.

In this article, the author once again reflected on her personal and existential experience of frequent visits to African countries as well as to Israel-Palestine. The article focuses on the issues of outsiders becoming effective allies to the cultures they are visiting, teaching and researching by listening to other understandings and interpretations of biblical texts, Jesus' parables specifically. It is an appropriate tribute to Yolanda Dreyer because of Prof. Dreyer's involvement and significant contributions in issues of social justice, both academically (...) and experientially. (shrink)

The global #MeToo movement has precipitated a reckoning with gendered, sexual, and other forms of harassment and bullying in higher education. In academia, harassment is rooted in the history of re...

This book reviews the classical schools of jurisprudence with particular reference to their linguistic presuppositions, and summarises an alternative account based on Paris school semiotics. Detailed ToC available from linked web page. NOT available from Amazon.

A recent paper by Leclerc et al(1) describes how recombinant hamster prion protein can undergo a spontaneous change in conformation to a structure that has features in common with PrPSc. Structural change in the host prion protein, PrPC to an insoluble and aggregated form with increased β‐sheet content (PrPSc) is central to the pathology of prion diseases.(2) A detailed understanding of the nature of these conformational changes will increase our knowledge of the molecular basis of prion pathology. These findings may (...) have implications for how the disease is initiated and provide a format for further investigation. BioEssays 23:772–774, 2001. © 2001 John Wiley & Sons, Inc. (shrink)

The object of the following paper is to examine in detail the relations between the contents of the poem called the Culex and the acknowledged writings of Virgil. The reader will find that these relations are more numerous and far more intimate than has hitherto been pointed out. They seem to warrant an inference as to the authorship of the poem, which in itself may claim high probability, and which when combined with the external evidence appears to the present writer (...) to reach the level of a practical certainty. In what follows, all statements as to the readings of the manuscripts are based upon Professor A. E. Housman's paper on The Apparatus Criticus of the Culex, unless other authorities are expressly cited. I have followed Professor Ellis's text, except where Professor Housman's evidence makes some other reading more probable. (shrink)

In considering Van Schooten’s study of the Eric O. case (s.1), I ask whether the different approaches taken by the two different “legal institutions”—the prosecuting authorities on the one hand, the courts on the other—are reflective of different images of warfare (a semantic difference) or of the different images each group holds of its own role (a pragmatic difference). If we consider these two “legal institutions” as distinct semiotic groups (s.2), is there an inevitable “communication deficit” between them (and the (...) public)? (shrink)

This article is partly an exercise in academic autobiography, seeking to make sense of the different ways in which I have applied semiotics to secular law on the one hand, Jewish law on the other. The very fact that it can be applied to both shows that its claims are methodological. But it also indicates a possible reformulation of the semiotic issues in philosophical terms: we may view the relationship between the semantic and pragmatic levels in terms of the relationship/balance (...) between certainty/truth (the semantic level) on the one hand and trust (the pragmatic level) on the other. What may distinguish the secular and religious systems is the manner in the issue of trust is be ideologically concealed. (shrink)

In this article, the author rehearses the Lukan parable of the Friend at Midnight as a segue from Insiders and Outsiders and a Hermeneutic of Resonance to provide a method she employs as an outsider sharing stories from and insights into a culture in which she was not born. She then connects her personal and existential experiences to the academic world of research.

This article reviews the opportunities for legal semiotics to contribute to legal philosophy, legal sociology, the reading of legal texts and the analysis of legal language (with bibliography) and surveys the institutional development of legal semiotics.

This paper develops the foundations of the descriptive set theory of countable Borel equivalence relations on Polish spaces with particular emphasis on the study of hyperfinite, amenable, treeable and universal equivalence relations.

Originally written in 1990, this reviews largely late 20th century debates on the study of law as Logic, Discourse, or Experience; the Unity of the Legal System and the Problem of Reference; Semiotic Presuppositions of Traditional Jurisprudence (Austin, Hart, Kelsen, Dworkin, Legal Realisms); then turns to legal philosophies explicitly Employing Forms of Semiotics (Kalinowski, the Italian Analytical School, Rhetorical and Pragmatic Approaches, Sociological and Socio-Linguistic Approaches, Peircian Legal Semiotics, Greimasian Legal Semiotics and Aesthetic/Symbolic Approaches). A major section then offers (from (...) a largely Greimasian point of view) some hypotheses for legal semiotics on the Problem of Reference, Semantic and Pragmatic Levels, Semiotic Groups and “The Legal Culture”, Normativity and Justification, and finally considers the implications for particular legal phenomena: the “Legal System”, Legal Institutions, Legal Codes, Legal Rules, Rights, Courtroom Behaviour: Witness and Counsel, The Judge: Justification of Decisions on Law, and the Criminal Justice Process. A conclusion addresses the status of legal semiotics. (shrink)

After a section of Methodological Preliminaries, I consider Truth and Argumentation in the Jewish Legal Tradition, under the following subheadings: Truth in Judaism, Truth and Norms, Truth and Language, Truth and Logic, Truth and Argumentation. I thus use an external framework in order to pose questions to the Jewish legal tradition, and identify internal resources which may provide partial answers to these questions. But are these partial answers so peculiar, theological, culturally contingent as to lack any value in terms of (...) a potential contribution to these same issues as posed within Western jurisprudence? This may be doubted, given the West’s adoption or construction of the divine right of kings on the one hand and of holistic theories of interpretation on the other, derived from the Bible and later Jewish tradition, mediated and fortified through a Christianised Rome. (shrink)

Research on escalation of commitment has predominantly been studied in the context of a single decision without consideration for the psychological consequences of escalating. This study sought to examine a) the extent to which people escalate their commitment to a failing course of action in a sequential decision-making task, b) confidence and anger as psychological consequences of escalation of commitment, and c) the reciprocal relationship between escalation of commitment and confidence and anger. Participants were 110 undergraduate students who completed a (...) series of investment decisions regarding a failing endeavor. Results revealed that although a high proportion of individuals escalate through all decisions, the extent to which they escalated decreased with each decision as they were less willing to invest money in the project. Furthermore, as participants escalated, confidence in one’s decision decreased and anger increased. Lastly, the analyses revealed that the relationship between escalation and confidence is reciprocal. Escalation was negatively associated with confidence, and confidence predicted escalation in the subsequent decision. These results highlight the importance of considering both the determinants and psychological consequences of escalation of commitment. (shrink)

First Published in 1988. Routledge is an imprint of Taylor & Francis, an informa company.

Despite the efforts of some modern Jewish law scholars, it is difficult to apply models of secular jurisprudence (whether positivist or Dworkinian) to the Jewish legal system. Internal analysis suggests that the “secondary rules” of the system are far too fragile. Rather, the system appears to privilege trust over objectively determinable truth. (But perhaps trust is a concept to which greater attention should be paid also in secular jurisprudence, as a legal realism informed by semiotics might maintain.) The practical implications (...) of this difference are here illustrated both from research on reform of Jewish marriage law and recent developments in the area of law and religion, in the wake of Archbishop Rowan Williams’ advocacy in 2008 of a model of “transformative accommodation”. (shrink)

Later reprinted by Deborah Charles Publications (and not available from Amazon), this book expounds and comments on the application of Greimasian semiotics to a legal text, as found in the article by Greimas and Landowski in Greimas, Sémiotique et Sciences Sociales (1976), compares this with the semiotic presuppositions of Hart, Dworkin, MacCormick and Kelsen, and offers my own analysis of the implications of such semiotic analysis for legal theory, including some more recent radical non-positivist accounts.

We consider evidence for ritualized behavior in the sporting domain, noting that such behavior appears commonplace both before a competitive encounter and as part of pre-performance routines. The specific times when ritualized behaviors are displayed support the supposition that they provide temporary relief from pre-competition anxiety and act as thought suppressors in the moments preceding skill execution. (Published Online February 8 2007).

In this paper, I ask whether mishpat ivri (Jewish Law) is appropriately conceived as a “legal system”. I review Menachem Elon’s use of a “Sources” Theory of Law (based on Salmond) in his account of Mishpat Ivri; the status of religious law from the viewpoint of jurisprudence itself (Bentham, Austin and Kelsen); then the use of sources (and the approach to “dogmatic error”) by halakhic authorities in discussing the problems of the agunah (“chained wife”), which I suggest points to a (...) theory more radical than the “sources” theory of law, one more akin to the ultimate phase of the thought of Kelsen (the “non-logical” Kelsen) or indeed to some form of Legal Realism (with which that phase of Kelsen’s thought has indeed been compared)? I finally juxtapose an account based on internal theological resources (a “Jurisprudence of Revelation”). Downloadable at at http://www.biu.ac.il/JS/JSIJ/jsij1.html. (shrink)

Ethical guidance for genomic research is increasingly sought and perceived to be necessary. Although there are pressing ethical issues in genomic research – concerning for example the recruitment of patients/participants; the process of taking consent; data sharing; and returning results to patients/participants – there is still limited useful guidance available for researchers/clinicians or for the research ethics committees who review such projects. This report outlines the ethical principles and guidance for genomic research co-produced with stakeholders during two workshops which took (...) place in the UK between November 2016 and May 2017. The stakeholders involved in these workshops included: healthcare professionals, genomic research teams, academics, patients, biobank managers, and representatives from the Health Research Authority, NHS Research Ethics Committees, patient support groups, pharmaceutical industry, and health policy think tanks. The co-produced principles and guidance are specifical... (shrink)

Existing research on the formation of employee ethical climate perceptions focuses mainly on organization characteristics as antecedents, and although other constructs have been considered, these constructs have typically been studied in isolation. Thus, our understanding of the context in which ethical climate perceptions develop is incomplete. To address this limitation, we build upon the work of Rupp to develop and test a multi-experience model of ethical climate which links aspects of the corporate social responsibility, ethics, justice, and trust literatures and (...) helps to explain how employees’ ethical climate perceptions form. We argue that in forming ethical climate perceptions, employees consider the actions or characteristics of a complex web of actors. Specifically, we propose that employees look outward at how communities are impacted by their organization’s actions, upward to make inferences about the ethicality of leaders in their organizations, and inward at their own propensity to trust others as they form their perceptions. Using a multiple-wave field study conducted at a privately held US corporation, we find substantial evidence in support of our model. (shrink)

In this study, we comprehensively examine the relationships between ethical leadership, social exchange, and employee commitment. We find that organizational and supervisory ethical leadership are positively related to employee commitment to the organization and supervisor, respectively. We also find that different types of social exchange relationships mediate these relationships. Our results suggest that the application of a multifoci social exchange perspective to the context of ethical leadership is indeed useful: As hypothesized, within-foci effects (e.g., the relationship between organizational ethical leadership (...) and commitment to the organization) are stronger than cross-foci effects (e.g., the relationship between supervisory ethical leadership and commitment to the organization). In addition, in contrast to the “trickle down” model of ethical leadership (Mayer et al. in Org Behav Hum Decis Process 108:1–13, 2009), our results suggest that organizational ethical leadership is both directly and indirectly related to employee outcomes. (shrink)

Assume ZF + AD +V=L and letκ< Θ be an uncountable cardinal. We show thatκis Jónsson, and that if cof = ω thenκis Rowbottom. We also establish some other partition properties.