En la actualidad, y bajo los sistemas procesales penales inquisitivo, acusatorio y mixto, es indispensable la presencia del procesado y encausado al momento en que se le está juzgando, respetando de manera efectiva la garantía de la posibilidad, que sobre la base de la contradicción, el acusado pueda ejercer su derecho a la defensa. No obstante, la no comparecencia del encausado al juicio es un problema que se da con bastante frecuencia, agravándose en los casos donde quien es requerido por (...) la justicia donde se ha cometido el hecho sujeto de investigación judicial, se encuentra en un país sin tratado de extradición. Si bien algunos países, mayormente europeos, han legislado excepcionalmente en favor de los juicios en ausencia, siguen las controversias por su aplicación y efectiva garantía y materialización de la justicia. Este trabajo analiza el aporte del sistema jurídico judío, para el cual el deber presencial por parte del acusado constituye la base de su ley penal, pero donde la ausencia voluntaria o involuntaria del acusado confronta con el irrenunciable precepto bíblico de perseguir justicia. A través de la filosofía jurídica judía expuesta por sus máximos representantes y legistas, tales como Maimónides, Aharón haLevi de Barcelona, Yosef Karo, Moisés Isserles, Ioel Sirkis e Ieoshua Katz, se profundizará en los casos donde se problematice la relación entre la ausencia del encausado y la necesidad de hacer justicia. Concretamente, se examinarán las causas jurídicas y los motivos filosóficos por los cuales se da dicho deber presencial, sus excepciones, y los aportes del judaísmo para los casos donde el acusado de crímenes aberrantes, terroristas o de lesa humanidad, no comparecen ante los tribunales. (shrink)

ʻEdut be-Hosef -- Derekh ʻets ha-ḥayim -- Refuʼat ha-nefesh -- ha-Tapuaḥ.

The main message of this volume is that the creative process of discovery is not a purely rational enterprise in the traditional sense which equates rationality with logical reasoning, yet it is a manifestation of a universal phenomenon ...

kerekh 1. Ba-halakhah uve-agadah -- kerekh 2. [without special title].

In this paper I argue that a Bio-Social conception of “race” is a socially salient conception within the United States. This conception is “socially salient” in the sense that is demonstrative of public understanding and public use of the race concept within context of the United States and its member institutions. This conception is “Bio-Social” in the sense that a set of biological and social properties form the necessary conditions for “race” and “racial group membership.” I explain that these biological (...) and social properties are the social interpretation of ancestral relations to geographically and culturally specified groups. (shrink)

The Upper Palaeolithic Revolution, sometimes called ‘the Creative Explosion’, is seen as the period when the forefathers of modern forager societies emerged. Similarly to the Industrial and Neolithic Revolutions, it represents a short time span when numerous inventions appeared and cultural changes occurred. The inventions were in the domain of technology, that is, shaping of new stone tool forms, longdistance exchange of raw materials, the use of bone, antler and ivory as well as rare minerals for the production of domestic (...) and ritual objects. Spatial analysis of ‘living floors’ indicates the presence of a kitchen area, sleeping grounds, storage facilities (in certain regions) and a discard zone. We can also detect a certain increase in social hierarchy and the presence of shamans. Body decorations indicate the appearance of personal individuality. Several hypotheses were offered as an explanation for the initiation of all these cultural changes often grouped under the term ‘modern behaviour’. It stands to reason that attributing the new successful technologies observed in the Eurasian Upper Palaeolithic to intrinsic social processes and economic innovations by local Middle Palaeolithic populations would need a better archaeological demonstration than that available today. For the time being, the emergence of Modern humans in sub-Saharan Africa, their socio-economic dynamism that caused their expansion through the Nile Valley into the Near East, and their migration along the ‘southern route’ of Asia as far as Australia, is the most plausible scenario though it still leaves much to be desired from future archaeological research. (shrink)

As opposed to the computer, the human being can intentionally mislead in many different ways, can behave chaotically, and whenever he has the motivation can choose also by improvisation, non‐consequent misleading, and spontaneous manners of reasoning and articulation. Human perception and the elaboration of the experience are existentially interest‐related, and distorted if found necessary. The arbitrariness is unlimited; human beings can initiate and produce absurd combinations, contextual failures and deceptive expressions, and do so also by intonation and body‐language. These are (...) the sources of social behaviour, of literature, arts, jurisprudence, politics, etc., all representing systems of meaning constructed by human beings, present in their ‘Lebenswelt’. Human beings are flexible, sensible of emotions and well‐trained to code and decode hidden fallacies, to produce wild associations, capricious‐temporary conclusions, tasks that the rigid computer cannot fulfil. They can choose incorrect and dysfunctional answers; the exactness of their reasoning can be logically invalid. The computer has only inner horizons; human beings have also outer ones, in which they are able to produce multidimensional relationships. They are not truth‐conditioned.The reduction of organic human thinking to the computer’s mechanisms can end up in humankind’s dehumanisation. (shrink)

Many Jewish groups of late antiquity assumed that they were obligated to observe the Divine Law. This book attempts to study the various rationales offered by these groups to explain the authority that the Divine Law had over them. Second Temple groups tended to look towards philosophy or metaphysics to justify the Divine Law's authority. The tannaim, though, formulated legal arguments that obligate Israel to observe the Divine Law. While this turn towards legalism is pan-tannaitic, two distinct legal arguments can (...) be identified in tannaitic literature. These specific arguments about the Divine Law's authority, link to a set of issues regarding the tannaim's conception of Divine Law and of Israel's election. (shrink)

In modern physics the notion of structure can be treated as an extension of the notion of law of nature. French and Ladyman’s view concerning the ontological priority of structures over objects is confronted with Psillos’ criticism. This kind of view agrees with the paradigmatic case where the structure is an internal symmetry and the instantiations are elementary particles. An ontological model is proposed which demonstrates the relation between structures and their instantiations in this case. This view which may be (...) categorized as “weak ontic structuralism” is compared with Busch’s treatment of ontic structuralism in the philosophy of mathematics. (shrink)

ḥeleḳ 1. Osher ṿe-śimḥah -- ḥeleḳ 2. Emunah u-viṭaḥon -- ḥeleḳ 3. Ṿa-ani tefilati -- ḥeleḳ 4. Shuvah Yiśraʼel -- ḥeleḳ 5. Ṿe-ahavta le-reʻakha -- ḥeleḳ 6. Kibud horim -- ḥeleḳ 7. Kibud ḥakhamim -- ḥeleḳ 8. Ṭov u-meṭiv --.

A new view of the functional role of the left anterior cortex in language use is proposed. The experimental record indicates that most human linguistic abilities are not localized in this region. In particular, most of syntax (long thought to be there) is not located in Broca's area and its vicinity (operculum, insula, and subjacent white matter). This cerebral region, implicated in Broca's aphasia, does have a role in syntactic processing, but a highly specific one: It is the neural home (...) to receptive mechanisms involved in the computation of the relation between transformationally moved phrasal constituents and their extraction sites (in line with the Trace-Deletion Hypothesis). It is also involved in the construction of higher parts of the syntactic tree in speech production. By contrast, basic combinatorial capacities necessary for language processing – for example, structure-building operations, lexical insertion – are not supported by the neural tissue of this cerebral region, nor is lexical or combinatorial semantics. The dense body of empirical evidence supporting this restrictive view comes mainly from several angles on lesion studies of syntax in agrammatic Broca's aphasia. Five empirical arguments are presented: experiments in sentence comprehension, cross-linguistic considerations (where aphasia findings from several language types are pooled and scrutinized comparatively), grammaticality and plausibility judgments, real-time processing of complex sentences, and rehabilitation. Also discussed are recent results from functional neuroimaging and from structured observations on speech production of Broca's aphasics. Syntactic abilities are nonetheless distinct from other cognitive skills and are represented entirely and exclusively in the left cerebral hemisphere. Although more widespread in the left hemisphere than previously thought, they are clearly distinct from other human combinatorial and intellectual abilities. The neurological record (based on functional imaging, split-brain and right-hemisphere-damaged patients, as well as patients suffering from a breakdown of mathematical skills) indicates that language is a distinct, modularly organized neurological entity. Combinatorial aspects of the language faculty reside in the human left cerebral hemisphere, but only the transformational component (or algorithms that implement it in use) is located in and around Broca's area. Key Words: agrammatism; aphasia; Broca's area; cerebral localization; dyscalculia; functional neuroanatomy; grammatical transformation; modularity; neuroimaging; syntax; trace deletion. (shrink)

Binz et al. highlight the potential of meta-learning to greatly enhance the flexibility of AI algorithms, as well as to approximate human behavior more accurately than traditional learning methods. We wish to emphasize a basic problem that lies underneath these two objectives, and in turn suggest another perspective of the required notion of “meta” in meta-learning: knowing what to learn.

Decision making is a fundamental aspect of cognition that lies at the heart of theories about behaviour, learning, and mental processing. It spans multiple levels of complexity, from high-level planning to low-level movement control and perceptual recognition. Tracking the evolutionary trajectory of this elementary cognitive process can illuminate the foundations of behaviour and brain functions. This paper highlights a previously understudied defining feature of decision mechanisms: the ways in which mutual exclusion between alternatives is achieved. We argue that any decision (...) is defined by a set of mutually exclusive alternatives, and this exclusivity – rather than the specific identity of the alternatives – requires specialized mechanisms. We demonstrate how the physical body of simple decision-making entities can serve as such a mechanism, and that the detachment of these mechanisms from bodily and environmental constraints enabled complex decision-making. Furthermore, while many theories emphasize how the evolution of neural circuits enhanced integration and control through associative structures, we propose that the evolution of mutual exclusion requires non-associative constructions. We conclude that understanding the evolution of these mechanisms is crucial for studying cognitive evolution, and we propose a potential evolutionary trajectory. (shrink)

This essay focuses on proportionality stricto sensu as a consequential test of balancing. The basic balancing rule establishes a general criterion for deciding between the marginal benefit to the public good and the marginal limit to human rights. Based on the Israeli constitutional jurisprudence, this essay supports the adoption of a principled balancing approach that translates the basic balancing rule into a series of principled balancing tests, taking into account the importance of the rights and the type of restriction. This (...) approach provides better guidance to the balancer , restricts wide discretion in balancing, and makes the act of balancing more transparent, more structured, and more foreseeable. The advantages of proportionality stricto sensu with its three levels of abstraction are several. It stresses the need to always look for a justification of a limit on human rights; it structures the mind of the balancer; it is transparent; it creates a proper dialog between the political brunches and the judiciary, and it adds to the objectivity of judicial discretion. Proportionality stricto sensu however has it critics: some claim that it attempts to balance incommensurable items; others that balancing is irrational. The answer to the critics is that it is a common base for comparison, namely the social marginal importance and that the balancing rules—basic, principled, concrete—supply a rational basis for balancing. A democracy must entrust the judiciary—the unelected independent judiciary—to be the final decision-maker—subject to constitutional amendments—about proper ends that cannot be achieved because they are not proportionality stricto sensu. (shrink)

Aaron Ben-Ze'ev carries out what he calls "a careful search for general patterns in the primeval jungle of emotions.".

Halakha is the all-encompassing source of normative Jewish conduct, and values and ethics are among Judaism's most important and fundamental aims. In this volume, Rabbi Aharon Lichtenstein masterfully plots the interplay of law and ethics. Drawing on his vast knowledge of classic Jewish sources, the analytic depth of the Brisker tradition, and his wide grasp of Western scholarship and thought, Rabbi Lichtenstein charts how values are intertwined with the details of Halakha and inform its general worldview. Exploring such topics (...) as the relationship between individual and community, the extent to which Halakha encourages or demands altruism, and the role of humanistic concerns in practical halakhic determination, Rabbi Lichtenstein analyzes rulings of halakhic giants in context of the relevant source material. The result is a first-of-its-kind study that offers a lucid yet extensive presentation of detailed halakhic points that combine to form a broad tapestry of the most basic questions of values in Halakha. -- cover page 4. (shrink)

The need for better incorporation of the construct emotional intelligence (EI) into counterproductive work behavior (CWB) research may be achieved via a unified conceptual framework. Accordingly, the purpose of this paper is to use the Profile Analysis via Multidimensional Scaling (PAMS) approach, a conceptual framework that unifies motivational process with antecedents and outcomes, to assess differences in EI concerning a variety of constructs: organizational justice, CWB, emotional exhaustion, job satisfaction, and intrinsic motivation. Employing established scales within a framework unifying CWB, (...) intrinsic motivation, EI, organizational justice, and outcome constructs, two EI-based profiles displayed associations with CWB based on responses from 3,293 employees. Both the first core profile, high overall justice and low emotional intelligence, and the second core profile, high emotional intelligence and low work motivation, displayed associations with interpersonal deviance and organizational deviance, as well as emotional exhaustion and job satisfaction. The results are discussed with respect to possible underlying theory and an overarching unified motivation framework that incorporates goal choice, intrinsic motivation, antecedents, and outcomes. We also provide directions for future research and implications for managers in the workplace based on heuristic conceptual frameworks that combine multiple motivational perspectives into a unified model. (shrink)