The adversarial legal system is traditionally praised for its normative appeal: it protects individual rights; ensures an equal, impartial, and consistent application of the law; and, most importantly, its competitive structure facilitates the discovery of truth – both in terms of the facts, and in terms of the correct interpretation of the law. At the same time, legal representation is allocated as a commodity, bought and sold in the market: the more one pays, the better legal representation one gets. In (...) this article, I argue that the integration of a market in legal representation with the adversarial system undercuts the very normative justifications on which the system is based. Furthermore, I argue that there are two implicit conditions, which are currently unmet, but are required for the standard justifications to hold: that there is (equal opportunity for) equality of legal representation between parties, and that each party has (equal opportunity for) a sufficient level of legal representation. I, therefore, outline an ideal proposal for reform that would satisfy these conditions. (shrink)

Abraham Joshua Heschel was a prolific scholar, impassioned theologian, and prominent activist who participated in the black civil rights movement and the campaign against the Vietnam War. He has been hailed as a hero, honored as a visionary, and endlessly quoted as a devotional writer. In this sympathetic, yet critical, examination, Shai Held elicits the overarching themes and unity of Heschel’s incisive and insightful thought. Focusing on the idea of transcendence—or the movement from self-centeredness to God-centeredness—Held puts Heschel into dialogue (...) with contemporary Jewish thinkers, Christian theologians, devotional writers, and philosophers of religion. (shrink)

I offer a novel distinction between two concepts of competition. The first, parallel competition, is designed to create separate pathways for each competitor wherein they can maximize their performance. The second, friction competition, is designed to facilitate a clash between competitors. Each concept is utilized as an institutional mechanism to generate social benefits. In parallel competition, the social benefit is the result of the aggregation of the independent efforts of each competitor. In friction competition, it emerges from the clash between (...) competitors. I argue that this distinction carries significant normative implications concerning debates over equality, freedom, and democratic institutional design. (shrink)

In 1980, the 85 year-old mystic and thinker Jiddu Krishnamurti (1895–1986), having been introduced to the subject of artificial intelligence by computer scientists, became engrossed in the challenge posed to the human mind by the prospect of the machine taking over its processes and faculties. What makes Krishnamurti’s angle worthy of separate discussion is that it accentuates not social and cultural ramifications, but a mostly overlooked potential philosophical and psychological crisis. As a thinker and mystic whose life work entirely centred (...) on the transformation of the human mind, Krishnamurti worried that an insufficiently cultivated mind that had been employed merely for material and mechanical purposes would be perfectly imitable and thus replaceable by computers and other machines. Thus, our main concern should not be machines attaining humanlike minds, but people having machinelike minds. I argue that the particular dimension of the AI–mind encounter elucidated by Krishnamurti can significantly broaden the field of the philosophy of artificial intelligence. Firstly, Krishnamurti’s investigation further problematizes the field by handing us the question: ‘If the machine can take over everything man can do, and do it still better than us, then what is a human being?’ Accordingly, he demonstrates, deploying phenomenological observations, various ways in which human thought is worryingly computational and machinelike. Secondly, since Krishnamurti’s approach is transformative and arguably soteriological, he offers intriguing ways in which we could consider the inherently nonmechanical yet unactualized faculties of the mind. Since Krishnamurti’s observations involve an insight into the present condition of the mind and a potential active response to this condition, they have some pertinence to both the primary discourse in the field – the interrelations between artificial intelligence and aspects of human cognition – and the emerging discussion of meaningfulness in life in the face of AI. (shrink)

While moral arguments for limiting market expansionism proliferate, a fundamental question has been left unanswered: the moral limits of what, exactly? Moral Limits of Markets (MLM) theorists tend to employ different terms – markets, putting a price tag, buying and selling – interchangeably and inconsistently to describe the phenomenon they are troubled by. I clarify this ambiguity by offering a novel taxonomy of different dimensions of exchange I identify as the sources of the normative concerns of most MLM arguments: Alienation, (...) Commodification, Marketization, Privatization. This taxonomy allows us to better understand why and what about ‘markets’ should be limited. (shrink)

The upcoming World Congress of Bioethics (WCB) will take place in Qatar in 2024. In response to criticism regarding this location, The international Association of Bioethics (IAB) board members exp...

What is critique? How is it used and abused? At a moment when popular discourse is saturated with voices confronting each other about not being critical enough, while academic discourses proclaim to have moved past critique, this provocative book reawakens the foundational question of what 'critique' is in the first place. Roy Ben-Shai inspects critique as an orientation of critical thinking, probing its structures and assumptions, its limits and its risks, its history and its possibilities. The book is a journey (...) through a landscape of ideas, images, and texts from diverse sources - theological, psychological, etymological, and artistic, but mainly across the history of philosophy, from Plato and Saint Augustine, through Kant and Hegel, Marx and Heidegger, up to contemporary critical theory. Along the way, Ben-Shai invites the reader to examine their own orientation of thought, even at the moment of reading the book; to question popular discourse; and to revisit the philosophical canon, revealing affinities among often antagonistic traditions, such as Catholicism and Marxism. Most importantly, Critique of Critique sets the ground for an examination of alternative orientations of critical thinking, other ways of inhabiting and grasping the world. (shrink)

This study explores how therapists deal with ethical dilemmas in psychotherapy with older adults. Semi-structured interviews were conducted with 14 therapists and analyzed using grounded theory methodology. Findings clustered around three themes: (i) respecting autonomy when interacting with family of vulnerable and dependent older patients; (ii) prioritizing respecting autonomy in risk situations and in suspected financial abuse without impaired judgment; and (iii) prioritizing protecting the patient in risk situations of patients with dementia and of suspected physical abuse or neglect. These (...) findings highlight several important issues regarding the management of ethical dilemmas in psychotherapy with vulnerable and dependent older adults. (shrink)

What makes modern law and politics modern? What makes the question of "modernity" so central to our understanding of contemporary law and politics? To offer one possible answer to these questions this study examines the changing relationship between animals and humans and, more specifically, the new regulation of the slaughterhouse in turn of the century Germany. If humans and animals meet in the modern agora it is neither because animals are now perceived as more human-like, as champions of progress would (...) have it, nor because humans are perceived as more animal-like, as critics of modernity would suggest. Rather, both animals and humans have undergone a radical transformation, which has put them on the same plane. If life is that which humans and animals share in common, and politics is that which sets them apart, the history of animal laws suggests that modernity entails the radical transformation of both life and politics. This Article strives to understand this change through the transformation of both politics and life into processes, i.e., into that which can be scientifically known and thus manipulated. The different strategies of reformers of slaughtering as well as their opponents are analyzed in light of this fundamental transformation. (shrink)

The texts of Walid Daka, a Palestinian political prisoner incarcerated since 1986, challenge the notion that colonial power ends with decolonization and expose the shortcomings of examining colonial prisons solely through the eliminatory prism of death and deprivation. Studying Daka’s texts, the article presents how the Israeli carceral system has managed to utilize prisoners’ hopes and longings – in their relations with one another, their political actions such as hunger strikes or their building of internal leadership hierarchies, and their affective (...) worlds – to further its own goals. Rather than a pessimistic account, this article critically analyzes Daka’s writings to demonstrate how a first-person study of carceral subjectification can unfold within an activist framework. Daka uses these observations to develop an alternative articulation of decolonization that I term ‘abolitionist decolonization’ as a collective and continued insistence on setting the terms of getting free. By ‘abolitionist decolonization,’ I conjure a difficult conversation between a Fanonian project of never-ending decolonization and a Foucauldian project of never-ending abolition. As such, this critical attitude aims to counter settler-colonial carcerality in ways that will foil the administration’s attempts to reproduce the dangers that the prisoners seek to elude, through the very means they deploy to elude them. (shrink)

Constellations, Volume 29, Issue 3, Page 343-358, September 2022.

The paper uses the controversy about liberty between the philosopher Thomas Hobbes and Archbishop John Bramhall to illustrate the conflict between the rhetoric of philosophy and the rhetoric of religion. The first part of the paper introduces initial definitions of these two types of rhetoric. The following three parts deal with three distinct parts of the controversy, as Hobbes and Bramhall define them: to the reader, arguments from scripture, and arguments from reason. The fact that Hobbes and Bramhall themselves divide (...) the arguments into those from scripture and those from reason makes this controversy a good illustration of the conflict between rhetoric of philosophy and rhetoric of religion. The rhetorical perspective exposes the epistemological conflict between philosophy and religion that the philosophical discourse often blurs. It is a conflict that concerns the basic attitude of an individual towards the truth as a believer or as a thinker. The rhetoric of philosophy assumes that human understanding defines the truth and therefore gives priority to arguments from reason as they address that understanding. The rhetoric of religion assumes that truth is beyond human understanding and can only be revealed by faith and therefore gives priority to arguments from scripture as they address human faith. The reader may join the opponents in asking whether human liberty is a philosophical issue and therefore subject to arguments from reason or a theological one, subject to arguments from scripture. (shrink)

The paper suggests a novel methodology for determining the state of legal doctrine on a particular issue by legal scholars. This methodology is inspired by the philosophical field of phenomenology. In particular, the tool of eidetic reduction developed by Edmund Husserl is applied to reach inter-subjectively valid assessments of doctrine. The methodology developed here argues that scholars who wish to discover legal doctrine on a particular issue need to first define general paradigms that explain the relevant legal field. Then, they (...) should develop a hypothesis about the law on the particular issue that concurs with the essential qualities of all these paradigms. Finally, to determine if a hypothesis about the content of the law should be accepted or rejected, it must be checked against legal sources that often include judgments. Reasoning by analogy should be used to learn from judgments with the same policy implications as the doctrine suggested by the hypothesis. The paper offers several heuristics—demonstrated with examples from international law—that can be used to find judgments that have the same policy implications without determining conclusively what these implications are. (shrink)

The Phaedo’s intense preoccupation with the notions of self-liberation and self-transcendence in the face of death is strikingly reminiscent of Hindu and Buddhist philosophies. It is therefore not surprising that comparative philosophers have shown great interest in comparing this particular Platonic work to various South Asian texts: The Phaedo has been compared to the philosophy underlying yoga and Patanjali, The Tibetan Book of the Dead, and Mahāparinibbāṇa Sutta, the canonical account of the Buddha’s final days. Of particular relevance is the (...) Katha Upanishad, which shares with the Phaedo enough common features, both textual and structural and thematic, for a comparative analysis to be fruitful. These striking resemblances enable me to bring important dissimilarities in the dialogical processes into focus— dissimilarities which have much to convey to us philosophically. These dissimilarities demonstrate that although the two traditions engaged in transformative ideas and practices that centered on the liberation of the soul, there is still a substantial difference between the nature of the philosophy celebrated by the Greeks and the mystical thought developed by the Upanishadic sages. (shrink)

Biomedicine is typically defined as the branch of medicine that is based on the principles of biology and biochemistry. A central tenet for biomedicine is the notion of disease and therapeutic specificity, i.e. the idea of tailored treatments for discrete disorders underpinned by specific pathologies. The present paper is concerned with how notions of disease and therapeutic specificity guide biomedical reasoning. To that end, the author proposes a model – the specificity triad – that draws on late philosopher and physician (...) Ludwik Fleck’s concept of “style of thought” to offer a frame for investigating the intricate process through which links between disorders, mechanisms, and therapeutics are established by biomedicine. Next by applying the specificity triad model to scrutinize research efforts in two discrete areas of medicine—psychiatry and regenerative medicine—this paper seeks to stimulate pertinent discussions in and about biomedicine. These include discussions on the ambiguous epistemic status of psychiatry within contemporary biomedicine, as well as the relationship between developmental biology — historically relatively disjointed from biomedical enterprise — and the burgeoning field of regenerative medicine. (shrink)

Moral Entanglements: Conserving Birds in Britain and Germany, by Stefan Bargheer, claims that work and play orientations have respectively organized German and British wild bird conservation efforts. The book argues that work and play are nonmoral categories, and—more broadly—that moral justifications for action should be understood as mere post-hoc surface phenomena that contribute little to social action. The new French pragmatic sociology provides conceptual tools to examine how categories like work and play intertwine with logics of moral evaluation that define (...) what activities rightly qualify as each category, what public goods might each yield, and what value ought to be attached to them. With this approach in mind, this review examines Moral Entanglements’ claims, and identifies ways in which moral logics did indeed play a role in establishing different bird conservation styles in each country. The review highlights the broader importance for comparative-historical sociologists to take moral repertoires into account as they reconstruct historical institutional emergence. (shrink)

Children’s cognitive and language development is a central aspect of human development and has wide and long-standing impact. The parent-infant relationship is the chief arena for the infant to learn about the world. Studies reveal associations between quality of parental care and children’s cognitive and language development when the former is measured as maternal sensitivity. Nonetheless, the extent to which parental mentalizing – a parent’s understanding of the thoughts, feelings, and attitudes of a child, and presumed to underlie sensitivity – (...) contributes to children’s cognitive development and functioning, has yet to be thoroughly investigated. According to the epistemic trust theory, high mentalizing parents often use ostensive cues, which signal to the infant that they are perceived and treated as unique subjective beings. By doing so, parents foster epistemic trust in their infants, allowing the infant to use the parents a reliable source of knowledge to learn from. Until recently, parental mentalizing has been limited to verbal approaches and measurement. This is a substantial limitation of the construct as we know that understanding of intentionality is both non-verbal and verbal. In this investigation we employed both verbal and non-verbal, body-based, approaches to parental mentalizing, to examine whether parental mentalizing in a clinical sample predicts children’s cognitive and language development 12 months later. Findings from a longitudinal intervention study of 39 mothers and their infants revealed that parental embodied mentalizing in infancy significantly predicted language development 12 months later and marginally predicted child cognitive development. Importantly, PEM explained unique variance in the child’s cognitive and linguistic capacities over and above maternal emotional availability, child interactive behavior, parental reflective functioning, depression, ethnicity, education, marital status, and number of other children. The theoretical, empirical, and clinical implications of these findings are discussed. (shrink)

Recent years have seen numerous sociological disagreements devolve into heated debates, with scholars openly accusing their peers of being both empirically wrong and morally misguided. While social scientists routinely reflect on the ethical implications of certain research assumptions and data collection methods, the sociology of knowledge production has said little about how moral debates over scholarship shape subsequent research trajectories. Drawing on the new French pragmatic sociology, this article examines how sociologists respond to criticisms of the moral worth of their (...) research. The article outlines three typical responses: (1) accepting the criticism and changing direction completely; (2) accepting the criticism but changing discursive framing to incorporate existing research without being subject to critique; and (3) navigating through the debate by devising new research directions that do not trigger such criticism. To demonstrate, the article looks at how sociologists of religion responded, in their published scholarship, to criticisms of secularization theory as depreciating religious people and spiritual experience. Across the responses, we show that sociologists have included moral considerations in their empirical investigations, and have switched among several diverse moral justifications to address—and also avoid—criticism. We conclude by demonstrating that this model can be extended to other domains of sociological inquiry, including the study of gender-based wage inequality and methodological nationalism. The article highlights the importance of mapping the moral frameworks sociologists use for the sociology of knowledge and the sociology of morality. (shrink)

Thomas Jefferson’s famous proposal; whereby a state’s constitution should be re-enacted every 19 years by a majority vote; purports to solve the intergenerational problem caused by perpetual constitutions: namely that laws which were enacted by people who are already dead bind living citizens without their consent. I argue that the model fails to fulfil its own normative consent-based aspirations. This is because it produces two groups of people who will end up living under laws to which they did not give (...) their consent: citizens who reach the voting age after the re-enactment process; citizens who did not assent to being obliged by the majority vote’s results. I reject possible responses to my argument by showing that they result in making the model either impractical or redundant. The remainder of the paper discusses whether implementing the model would enhance the consent-based legitimacy of the modern state. (shrink)

The paper examines the role of self-deception in Descartes’ Meditations. It claims that although Descartes sees self-deception as the origin of our false judgments, he consciously uses it for his searching for truth. Descartes finds that self-deception is a very productive tool in our searching for truth, since it expands our ability to free ourselves from our actual certainties; logical thinking enables us to doubt our certainties but only self-deception enables us to really suspend them. Although it might sound wrong (...) or even absurd to employ self-deception for the purpose of searching for truth, one should examine Descartes’ strategy carefully. After all, this strategy leads him to great philosophical insights. (shrink)

Hittite Logograms and Hittite Scholarship. By mark WeedeN. Studien zu den Boğazköy-Texten, vol. 54. Wiesbaden: Harrassowitz Verlag, 2011. Pp. xvii + 693. €128.

The question of the use of force and its relation to political power has resurfaced in an era of terror attacks and wars against terror. The liberal conceptualization of this relation is limited by the bipolar understanding of force as either legitimate or illegitimate. Turning to the history of the Irgun, a Jewish underground movement, and its struggle against the British Empire in 1947 Palestine, this article seeks to expand the understanding of force beyond the liberal paradigm. The article offers (...) a new model for understanding the use of force by the liberal nation-state and distinguishes between four different modes of force: violence, legality, terror, and empire. Whereas the liberal paradigm is limited to a conception of force as either justified and, hence, just, or unjustified and, hence, unjust, one may think of two additional forms of force, which, at first, may seem paradoxical: the unjust but justified force of terror and the force of empire, which is just but not in need of justification. Rather than using these forms as stable categories, the article seeks to understand the ways in which the uses of force became destabilized in times of political contestation. The article concludes by pointing out the broader implications of this model for the political analysis of the liberal nation-state and its use of force. (shrink)

How do we implement our sages' way in today's world of education? The is a study of selected stories from the Talmud along with educational insights from life, research and thought that enriches the understanding of sages, as well as contemporary educational perceptions, and calls us to further learning and hard work - as partners in the ancient learning chain. And opens gates to the contemporary discourse and to the wisdom of the sages that resonates to this day.

Recent years have witnessed an intensification of historical and philosophical research on the link between psychotropic drugs and psychiatric theories. For example, Kendler and Schaffner detailed how the dopamine hypothesis of schizophrenia was intimately linked to the dopamine theory of antipsychotic drug action. Here, a related case is explored: the use of antidepressants' neurochemical effects to speculate about the pathophysiology of depression.This rationale was central to American psychiatrist Schildkraut's landmark article on the catecholamine hypothesis of affective disorders. Accordingly, the paper's (...) hypothesis—that depressions may relate to decreased... (shrink)

1. Moʻadim. Torat ha-midot -- 2. Pirḳe maḥshavah -- 3. Penine ha-Meshekh ḥokhmah.

One of the most popular facets of Schmitt's philosophy is his theory of sovereignty and decisionism, as developed in his early essay Political Theology (1922). There, Schmitt offers an original outlook on the political implications of the secularization of modern Europe and philosophy's purported turn away from theology. The “death of God,” along with the gradual disappearance of the political institution of monarchy, are only symbols of the decline of sovereignty in general. What is lost in the process is not (...) sovereignty as such, since it can assume new forms, such as “reason,” “nature,” “the people,” or “the state.” What…. (shrink)

For their testimonial value, Jean Améry's writings are obligatory reading for anyone interested in studies of the Holocaust. But Améry can and must also be read as philosophy, argues Roy Ben-Shai. In Améry's work, the combination of the testimonial and the philosophical constitutes a "twilight", a revolt against the separation of pathos (experience) and logos (the intellect), and a call for the insertion of the victim into philosophical discourse.