Recent years have seen the emergence of online courts and tribunals: digital platforms that enable self-represented litigants to complete electronically the entire court process, from filing through final disposition. This article proposes that the unique nature of online courts as digital interfaces enables them to implement a new strategy—diversity by design—to improve access to justice and procedural justice for a diverse population of SRLs. Reflecting a human-centered legal design approach, and building on research in human-computer interaction and digital choice architecture, (...) this strategy entails embedding diversity accommodating features in the technological design of court platforms. Specifically, building on the empirical relationship between users’ demographic attributes and their digital usability and aesthetics judgments, this article suggests that online courts can dynamically adapt their interfaces according to the attributes of a given user in ways that help diverse SRLs engage with online courts, support their effective participation in proceedings, and improve their procedural experiences. The potential impacts include enhancing SRLs’ confidence and trust in using online courts and ameliorating their ability to process information, deliberate, make informed decisions and communicate them. Finally, the article discusses concerns regarding the desirability and ethicality of dynamically adapting, that is—personalizing, court interfaces. (shrink)

The border is one of the most urgent issues of our times. We tend to think of a border as a static line, but recent bordering techniques have broken away from the map, as governments have developed legal tools to limit the rights of migrants before and after they enter a country's territory. The consequent detachment of state power from any fixed geographical marker has created a new paradigm: the shifting border, an adjustable legal construct untethered in space. This transformation (...) upsets our assumptions about waning sovereignty, while also revealing the limits of the populist push toward border-fortification. At the same time, it presents a tremendous opportunity to rethink states' responsibilities to migrants. This book proposes a new, functional approach to human mobility and access to membership in a world where borders, like people, have the capacity to move. (shrink)

We argue that ‘locality’, perhaps the most mundane term in ecology, holds a basic ambiguity: two concepts of space—nomothetic and idiographic—which are both necessary for a rigorous resurvey to “the same” locality in the field, are committed to different practices with no common measurement. A case study unfolds the failure of the standard assumption that an exogenous grid of longitude and latitude, as fine‐grained as one wishes, suffices for revisiting a species locality. We briefly suggest a scale‐dependent “resolution” for this (...) replication problem, since it has no general, rational solution. *Received January 2008; revised April 2009. †To contact the authors, please write to: Ayelet Shavit, Department of Interdisciplinary Studies, Tel‐Hai Academic College, Upper Galilee, 12210 Israel; e‐mail: [email protected] . James Griesemer, Department of Philosophy, University of California, Davis, One Shields Avenue, Davis, CA 95616; e‐mail: [email protected] . Biodiversity is largely a matter of real estate. And, as with other real estate, location is everything. (Kiester at el. 1996 ). (shrink)

Is it possible for the state simultaneously to respect deep cultural differences and to protect the hard-won citizenship rights of vulnerable group members, particularly women? This 2001 book argues that it is not only theoretically needed, but also institutionally feasible. Rejecting prevalent normative and legal solutions to this 'paradox of multicultural vulnerability', Multicultural Jurisdictions develops a powerful argument for enhancement of the jurisdictional autonomy of religious and cultural minorities while at the same time providing viable legal-institutional solutions to the problem (...) of sanctioned intra-group rights violation. This new 'joint governance' approach is guided by an innovative principle that strives for the reduction of injustice between minority groups and the wider society, together with the enhancement of justice within them. This book will interest students of political and social theory, law, religion, institutional design, as well as cultural and gender studies. (shrink)

The Jurisprudence Lecture, delivered by Ayelet Shachar, challenges the established dichotomy between open and closed borders, showing that one of the most remarkable developments of recent years is...

The global distributive implications of automatically allocating political membership according to territoriality (jus soli) and parentage (jus sanguinis) principles have largely escaped critical scrutiny. This article begins to address this considerable gap. Securing membership status in a given state or region--with its specific level of wealth, degree of stability, and human rights record--is a crucial factor in the determination of life chances. However, birthright entitlements still dominate both our imagination and our laws in the allotment of political membership to a (...) given state. In this article we explore the striking conceptual and legal similarities between intergenerational transfers of citizenship and property. The analogy between inherited citizenship and the intergenerational transfer of property allows us to use existing qualifications found in the realm of inheritance as a model for imposing restrictions on the unlimited and perpetual transmission of membership--with the aim of ameliorating its most glaring opportunity inequalities. (shrink)

Abraham Ibn Ezra’s (ca. 1089-ca. 1161) astrological corpus includes the two versions of Sefer ha-ʿOlam (Book of the World), which represent the first Hebrew theoretical work, unique in medieval Jewish science, to discuss the theories and techniques of historical and meteorological astrology that had accumulated from Antiquity to Ibn Ezra’s time. This article surveys the content of the two versions of Sefer ha-ʿOlam and their most important doctrines as he conceived of them. The relevant material is presented chronologically: (a) the (...) ancient period; (b) the Hellenistic period; (c) Indian and Persian contributions; (d) contributions by astrologers working in the Muslim world; and (e) connections with twelfth-century Latin work on world astrology. In addition, this paper examines the contents of three additional texts by Ibn Ezra, directly concerned with word astrology: (a) the tenth chapter of Reshit Ḥokhmah (Beginning of Wisdom), where Ibn Ezra presents a series of cycles related to world astrology; (b) the astrological section of the exegetical excursus in the long commentary on Exodus 33:21, where Ibn Ezra inserts material on world astrology into his biblical commentary; (c) the introduction to Sefer ha-Moladot (Book of Nativities), where Ibn Ezra juxtaposes world astrology and the doctrine of nativities and presents a series of original ideas about world astrology. (shrink)

Adversaries of Moral Luck (AMLs) are at pains to explain why wrongdoers are liable to bear burdens (punishment, compensation etc.) which are related to the harm they cause, because the consequences of what we do are a matter of luck. One attempt to solve this problem suggests that wrongdoers who cause more harm are liable to bear a greater burden not because they are more blameworthy but rather because they get the short straw in a liability lottery (represented by the (...) apparently indeterminate causal process). In this paper I argue that this attempt fails on several grounds. Apart from the fact that it is hard to see how the implementation of liability lotteries can be motivated and the fact that such scheme presupposes a political order (whereas the notion of liability does not seem to presuppose one), detaching liability from the outcomes of a culpable action undermines whichever justifications there were for imposing liability in the first place. Moreover, relying on the determination of the causal process as a good indication of the wrongdoer’s degree of culpability is mistaken, because the luck brought about through the causal process is not necessarily the only element involved in cases of harmful conduct which lies beyond the wrongdoers’ control. (shrink)

Proponents of global egalitarian justice often argue that their positions are compatible with the principle of self-determination. At the same time, prominent arguments in favor of global egalitarianism object to one central component of the principle: namely, that the borders of states (or other political units) are normatively significant for the allocation of rights and duties; that duties of justice and democratic rights should stop or change at borders. In this article, I propose an argument in defense of the normative (...) significance of territorial boundaries that draws on a political interpretation of the principle of self-determination. The political interpretation is distinct from the two major approaches to self-determination: the national and the democratic. It makes a twofold contribution to the debates about global justice and democracy; while it (a) challenges the position that political memberships and political borders are morally arbitrary; it (b) helpsdefine the realm of permissible autonomy for self-governing political units, which does not ignore duties to nonmembers and outsiders. (shrink)

I argue that images of the notion of group, in correspondence with their social and political values, shape the debate over the evolution of altruism by group selection. Important aspects of this debate are empirical, and criteria can decide among a variety of selection processes. However, leading researchers undermine or reinterpret such tests, explaining the evolution of altruism on the basis of a single extreme metaphor of ‘group’ and a single inclusive selection process. I shall argue that the extreme images (...) for the notion of group are associated with ideologies that these researchers support or fear. Hence, the history of social and political uses of ‘group’ and ‘group selection’ can explain, at least in part, some of the empirical deficiencies of the debate, and why it has continued without resolution or dissolution. (shrink)

Many theoretical publications make assumptions about the facts of globalization, and in particular about the role and autonomy of the nation state. These factual claims and assumptions often play an important role in justifying the normative conclusions, yet remain under-explored. This interdisciplinary volume examines questions that are central to the problems of both social and international justice, and in particular, to their interdependence: How do global and transnational factors influence the capacity of states to be internally just? Has the state (...) lost its capacity for autonomous action in the global economy, and thus its ethical significance for theories of justice? If so, which institutional reforms could address this problem? What is the role of the state in a just international order? The authors address important connections between domestic social justice and global dynamics, by identifying problematic practices and trends in the current global order. They examine political, economic and legal changes and offer normative views on concrete policies and institutions that are particularly important and/or problematic – i.e. international health policies, the World Bank, taxation policies and the World Trade Organization. Focusing on the relationship between social and global justice and establishing connections between political theory and empirical research, this book is vital reading for students and scholars of Politics, International Relations, and Development Studies. (shrink)

Cet article est la traduction française de l’introduction du livre d’Ayelet Shachar, «The Puzzle of Birthright Citizenship», avec la permission de l’éditeur, tirée de The Birthright Lottery : Citizenship and Global Inequality, Cambridge, Mass.: Harvard University Press, pp.1-18. © 2009 President and Fellows of Harvard College. Traduction de Martin Provencher.This paper is the French translation of Ayelet Shachar’s introduction, «The Puzzle of Birthright Citizenship», digitally reproduced by permission of the publisher from The Birthright Lottery : Citizenship and Global (...) Inequality, Cambridge, Mass.: Harvard University Press, pp.1-18. © 2009 by the President and Fellows of Harvard College. Translation by Martin Provencher. (shrink)

In this paper, Ayelet Shachar begins by restating the main idea of her important book The Birthright Lottery : Citizenship and Global Inequality and then goes on to address in a constructive spirit the main themes raised by the five preceding comments written by scholars in the fields of law, philosophy and political science.Dans cet article, Ayelet Shachar commence par rappeler l’idée centrale de son livre important The Birthright Lottery: Citizenship and Global Inequality avant de répondre de manière (...) constructive aux cinq commentaires qui précèdent, rédigés par des experts dans les domaines du droit, de la philosophie et de la science politique. (shrink)

Qu’est-ce qu’un conflit religieux et comment devrait-on le définir ? En quoi un tel conflit diffère-t-il des autres ? Quelles sont les variables qui le désignent comme « religieux » ? La définition d’un conflit en ces termes importe-t-elle ? Autrement dit, que nous apprend-elle sur sa nature, ses buts, ses règles, ses procédures et ses limites et, en particulier,..

This article evaluates demands for privatized diversity that destabilize traditional notions of separation of state and religion, by asking secular authorities to adopt a hands-off, non-interventionist approach, placing civil and family disputes with a religious or cultural aspect beyond the official realm of equal citizenship. This potential storm to come must be addressed head on because it mixes three inflammatory components in today’s political environment: religion; gender; and the rise of a neo-liberal state. The volatility of these issues is undisputed; (...) they require a mere spark to ignite. The standard legal response to this challenge is to seek shelter behind a formidable ‘wall of separation’ between state and religion, even if this implies turning a blind eye to the concerns of religious women — especially those caught in the uncoordinated web of secular and religious marriage bonds. I will advance a different approach. By placing these once-ignored agents at the centre of analysis, this article explores the idea of permitting a degree of regulated interaction between religious and secular sources of identity and obligation, so long as the baseline of citizenship-guaranteed rights remains firmly in place. (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...

This paper examines the empirical aspect of the debates over group selection. I argue that specific narrow readings of the notion of ‘group’ result in a deficient experimentation of the group selection process. Criteria for empirical testability are presented and used to reexamine two well-known experiments of group selection. I argue that the former holds a narrow image of ‘group’ that does not distinguish group selection from selection at other levels; while the latter holds a multifaceted image of ‘group’ that (...) offers a way to achieve substantive progress in the debate. However, most supporters and opponent of group selection maintain a narrow and restricted image of ‘group’, which implicitly undermines informative details regarding population dynamics and population structure. These details may improve our understanding of the evolution of altruism and the evolution of sociality. To conclude, adopting a wide-ranging meaning of ‘group’ may empirically advance the group selection debates. (shrink)

In today's age of restrictionism, a growing number of countries are closing their gates of admission to most categories of would-be immigrants with one important exception. Governments increasingly seek to lure and attract “high value” migrants, especially those with access to large sums of capital. These individuals are offered golden visa programs that lead to fast-tracked naturalization in exchange for a hefty investment, in some cases without inhabiting or even setting foot in the passport-issuing country to which they now officially (...) belong. In the U.S. context, the contrast between the “Dreamers” and “Parachuters” helps to draw out this distinction between civic ties and credit lines as competing bases for membership acquisition. Drawing attention to these seldom-discussed citizenship-for-sale practices, this essay highlights their global surge and critically evaluates the legal, normative, and distributional quandaries they raise. I further argue that purchased membership goods cannot replicate or substitute the meaningful links to a political community that make citizenship valuable and worth upholding in the first place. (shrink)

I present evidence in favor of an overarching motivational self: a mental function that regulates expression of multiple goals. Goals often conflict with each other, and the role of a motivational self is to consciously or unconsciously prioritize pursuit of these goals. When observing inconsistency in expression of goals, it is therefore useful to consider whether the motivational self is attempting to balance between conflicting goals or if such inconsistency results from temporary self-control weakness.

. Reproducible results and repeatable measurements at the same location are fundamental to science, yet of grave concern to scientists. Involvement in biological re-surveys under MVZ-Berkeley, Harvard-LTER and Hamaarag elucidated “replication” and “location” and untangled “incommensurability” from “no fact of the matter” and “indeterminacy.” All cases revealed incommensurability without indeterminacy on the smallest scale and indeterminacy without incommensurability on higher scales, with communication failure in the former and successful workarounds in the latter. I argue that an involved philosophy helps clarify (...) fundamental concepts in this case, and since it could also help other cases it therefore should be examined in every case before being ruled out. (shrink)

Reproducing empirical results and repeating experimental processes is fundamental to science, but is of grave concern to scientists. Revisiting the same location is necessary for tracking biological processes, yet I argue that ‘location’ and ‘replication’ contain a basic ambiguity. The analysis of the practical meanings of ‘replication’ and ‘location’ will strip of incommensurability from its common conflation with empirical equivalence, underdetermination and indeterminacy of reference. In particular, I argue that three biodiversity re-surveys, conducted by the research institutions of Harvard, Berkeley, (...) and Hamaarag, all reveal incommensurability without indeterminacy in the smallest spatial scale, and indeterminacy without incommensurability in higher scales. (shrink)

In _The Curious Case of the Camel in Modern Japan_, Ayelet Zohar addresses issues of Orientalism, colonialism, and exoticism in modern Japan, through images of camels – the epitome of Otherness, and a metonymy for Asia in the Japanese imagination.

Is territorial jurisdiction over natural resources justified? This paper argues that a freedom-based account of self-determination coupled with ‘functionalist’ justifications of territorial right support territorial jurisdiction over natural resources. This justification simultaneously gives rise to limits on the permissible exercise of the right: the principles of reciprocity and generality, and of equal freedom. This ‘reciprocal’ view on territorial jurisdiction over natural resources, defended here, differs from two alternatives: the traditional sovereignty view on the one hand and the transnational jurisdiction view—which (...) favours the transfer of sovereignty over natural resources from states to transnational institutions—on the other hand. (shrink)

The concept of difference has a long and important research tradition. We identify and explicate a heretofore overlooked distinction in the meaning and measurement of two different meanings of 'difference': 'diversity' and 'heterogeneity'. We argue that ‘diversity’ can describe a population well enough but does not describe a collective well. In contrast, ‘heterogeneity’ describes a collective better than a population and therefore ought to describe a collective. We argue that ignoring these distinctions can lead to a surprising and disturbing conflict (...) between diversity and heterogeneity. In particular, focusing on the 'diversity' of human communities can be self-defeating for those who truly care about the importance of diversity, inclusion, and belonging. (shrink)

Investor-state-dispute-settlement is an arbitration mechanism to settle disputes between foreign investors and host-states. Seemingly a technical issue in private international law, ISDS procedures have recently become a matter of public concern and the target of political resistance, due to the power they grant to foreign investors in matters of public policies in the countries they invest in. This article examines the practice of ISDS through the lenses of liberal-statist theories of international justice, which value self-determination. It argues that the investor-state (...) arbitration system illustrates how liberal-statist theories of international distributive justice ought to care about relative socioeconomic disadvantage, contra the sufficiency principle that they typically defend. The sufficiency principle draws on a questionable conception of the freedom that self-determination consists in. (shrink)

At the beginning of the twentieth century, the biologist Joseph Grinnell made a distinction between science and sentiment for producing fact-based generalizations on how to conserve biodiversity. We are inspired by Grinnellian science, which successfully produced a century-long impact on studying and conserving biodiversity that runs orthogonal to some familiar philosophical distinctions such as fact versus value, emotion versus reason and basic versus applied science. According to Grinnell, unlike sentiment-based generalizations, a fact-based generalization traces its diverse commitments and thus becomes (...) tractable for its audience. We argue that foregrounding tractability better explains Grinnell’s practice in the context of his time as well as in the context of current discourse among scientists over the political “biases” of biodiversity research and its problem of “reproducibility.”. (shrink)

This text reads into the work of Ibrahim Nubani (1962—), a Palestinian-Israeli painter who was diagnosed with schizophrenia in 1988, during the first Intifada. Nubani’s painting has undergone a tremendous change from the 1980s and the period of his hospitalization to his painting style today: from geometric, Modernist-type painting, gradually moving into his contemporary chaotic and saturated style of expression. I draw parallels between Nubani’s personal and psychological condition and the political events that affected him. I refer to his state (...) in relation to the discourse of mimicry and camouflage in nature, comparing his position to that of the invisible presences in the background in a perfect camouflage, referring to Roger Caillois’ interpretations. I look at his diagnosed psychiatric state of schizophrenia as the materialization of the meaning of being a Palestinian-Israeli in a life of fragmentation and rejection, by referring to Bhabha and Shammas. I relate to Deleuze and Guattari’s notions of schizophrenia as a cultural rebellion against the moderating mechanisms of cultural/national identification. I demonstrate how Nubani’s work and speech undermine the modalities of mainstream Israeli society, acting like a cultural insurgent, terrorizing Zionist axioms. While analysing Nubani’s iconography I identify several tropes, images and icons that serve as signifiers of his personal crisis and artistic development. I link Nubani’s eyes/ocelli images to Lacan’s discussion of ‘symbolic castration’ as the core of his personal becoming part of Israeli society and his collapse, the in-between desire to assimilate in the early stages of his life, and his current desire to fully live his life as a Palestinian. The text moves between his images and images from other sources that open Nubani’s world into the discourses of Western painting, schizophrenia, high Modernism, the postcolonial condition and so forth. The text is fragmented into eight pieces, following the schizophrenic break-up of Nubani’s personal state and his painted work. I read his work as a destabilizing agent, and identify visual references drawn from the wider context of art history, and specifically referring to masterpieces of the Israeli art canon. (shrink)

European Journal of Political Theory, Volume 21, Issue 3, Page 615-623, July 2022. In this response essay, Ayelet Shachar replies to her critics, pushing beyond the arguments developed in her most recent book, The Shifting Border, to probe new ideas. Specifically, she elaborates five avenunes for exploration: dethorning the state as the exclusive decisionmaker on migration; finding the tools to alleviate oppression in the criticized practices themselves; identifying rights and duty-bearers; exposing the spatial dimension of structural injustice; and revisiting (...) the role of territory as mediating equality. (shrink)

Demands to accommodate religious diversity in the public sphere have recently intensified. The debates surrounding the Islamic headscarf in Europe vividly illustrate this trend. We also find a new challenge on the horizon: namely, the request to "privatize diversity" through alternative dispute resolution processes that permit parties to move their disputes from public courthouses into the domain of religious or customary sources of law and authority. The recent controversies in Canada and England related to the so-called Shari’a tribunals demonstrate the (...) potential force of the storm to come. In this Article, I offer an alternative to the presently popular vision of private diversity. This alternative is based on a deep commitment to women’s identity and membership interests as well as their dignity and equality. Women’s legal dilemmas often arise from their allegiance to various overlapping systems of identification, authority and belief: in this case, those arising from religious and secular law. I argue that only recognition of women’s multiple affiliations, and the subtle interactions among them, can help resolve these dilemmas. The recognition of multiple legal affiliations does not sit well with the traditional view that a clear line can be drawn between public and private, official and unofficial, secular and religious, or positive law and traditional practice. Instead, to recognize multiple affiliations is to require greater access to, and coordination among, these once competing sources of law and identity. Once we conceive of citizenship more richly, it becomes apparent that individuals and families should not be forced to choose between the rights of citizenship and group membership: instead, they should be afforded the opportunity to express their commitment to both. I offer a vision of how such an alternative might be realized. (shrink)