This chapter examines the reliability of using the tosefta for historical research. It explains that the tosefta is a compilation of early rabbinic legal traditions which date from the first to the early third century CE. It discusses the different manuscripts, editions and translations of the tosefta. It concludes that the narratives or case stories in the tosefta possess significance for historical research and their relevance ranges from an increased understanding of the daily life of the Jews in Palestine and (...) the activity of the rabbis in society to the more precise determination of their power and position within society. (shrink)

A major goal of this work is to specify some steps of the process by which participants maintain coherency in their conversations.The underlying element of the analysis is a construct called a “context space.” Roughly, a group of utterances that refers to a single issue or episode forms the basis for a context space. Superficially, a conversation is a sequence of utterances; at a deeper level it is a structured entity whose utterances can be parsed into hierarchically related context spaces.As (...) a conversation proceeds, each conversant builds a discourse model that includes the conversation's context space structure, a notion of the present discourse topic, and a list of items being focused upon. Conversational coherency depends upon a lack of conflict between the respective models of the participants. Conflicts are prevented by speakers following high level syntactic and semantic relational rules that enable listeners to identify their discourse models. These rules, given in the study, are highly integrated with the view of conversation presented here—a hierarchy of related context spaces. (shrink)

Lacan with the Philosophers creates a dialogue between the oeuvre of psychoanalyst Jacques Lacan and philosophy. Major philosophical figures to which Lacan vastly referred are examined around key concepts fundamental to philosophy - being, truth, knowledge, the good, the subject.

Adam and Eve have the same record yet receive different punishments. Adam receives the punishment that they both deserve, whereas Eve receives a more lenient punishment. In this article, we explore whether a deserved-but-unequal punishment, such as what Adam receives, can be just. We do this by explicating the conceptions of retributive justice that underlie both sides of the debate. We argue that inequality in punishment is disturbing mainly because of the disrespect it often expresses towards the offender receiving the (...) harsher treatment, and also because it casts doubt on whether Adam got what he deserved. We suggest that when no disrespect is involved and when it is clear that the criminal got what he deserved, inequality is not worrisome. (shrink)

This article addresses the question of what history an obstacle that stands in the way of our performing a certain action must have in order to render us socially unfree to x. The most promising view on this question is the moral responsibility view, according to which such an obstacle renders us socially unfree to x, if and only if another person is morally responsible for its existence. The main challenge of this view is to identify a serviceable test for (...) establishing when someone is morally responsible for the existence of an obstacle. Numerous attempts to do so have been made over the years, but none of them proved to be successful. In my discussion of the moral responsibility view I will expose the failure of the most recent and powerful attempt to identify such a test. Then I will suggest a more plausible test and defend it from a few possible objections. Before discussing the moral responsibility view I will discuss its main rivals and show why it is superior to them in the first place. (shrink)

This paper questions the fairness of our current tort-law regime and the philosophical underpinnings advanced in its defense, a theory known as corrective justice. Fairness requires that the moral equality and responsibility of persons be respected in social interactions and institutions. The concept of luck has been used by many egalitarians as a way of giving content to fairness by differentiating between those benefits and burdens that result from informed choice and those that result from fate or fortune. We argue (...) that the theory of corrective justice, along with its institutional embodiment of tort law, is at odds with an egalitarian commitment to fairness because it allows luck an unjustifiable role in determining dissimilar liability for similar wrongs and dissimilar compensation for similar losses to bodily integrity. Many egalitarian political theorists have also recognized, if not defended, the notion of distinct forms of justice, namely corrective, retributive, and distributive. Although theorists of these different forms of justice have been concerned with negating unfair luck inside the operations of each form of justice, there has been little attention to the way in which luck operates to sort cases into each form of justice. We claim that there is a significant way in which luck operates to subject different people to principles of corrective, retributive, and distributive justicewhich flies in the face of the egalitarian value of fairness. After surveying the arguments put forward by theorists defending a categorical distinction between corrective justice and retributive and distributive principles, we argue that although analytical distinctions can be made between different forms of justice (although, we also suggest that the distinctions are not as sharp as some commentators suggest), there is no good reason to defend an acoustic separation between these forms of justice when doing so creates unfair outcomes. (shrink)

:We propose to strengthen Popper’s notion of falsifiability by adding the requirement that when an observation is inconsistent with a theory, there must be a ‘short proof’ of this inconsistency. We model the concept of a short proof using tools from computational complexity, and provide some examples of economic theories that are falsifiable in the usual sense but not with this additional requirement. We consider several variants of the definition of ‘short proof’ and several assumptions about the difficulty of computation, (...) and study their different implications on the falsifiability of theories. (shrink)

The secrets from the inner meaning of Torah form the soul of the Chasidic movement's thought. They inspire, revive, and inflame Jewish souls with a passion to constantly increase observance and devotion. For more than two centuries it has inoculated millions against the ravages of secularism and preserved the spiritual life of the Jewish nation. Chasidus emerged as a protection from the storm winds of modernity. Today's Jewish community might benefit from a new look at the Chasidic movement's beginnings and (...) reflections. Even those Jews who fulfill their religious obligations frequently perform rituals in a lifeless and superficial way. Were we to discover the depth and soulful vitality that fill Chasidic literature, a renewed passion might flame our faltering Jewish experience with the warmth of Torah. Unfortunately, for many of my contemporary American Jews, access to the gem-stones of the Chasidim has been denied. Chasidic works are overwhelmingly in Hebrew, and few good translations exist. This book provides an introduction to the basic terms and ideas of Chasidic texts. It is written for the interested lay reader who may be new to Torah study, as well as the yeshiva student who is knowledgeable about Biblical narratives and Talmudic law but may be new to the world of Chasidus. (shrink)

The article presents the conception of interreligious dialogue developed by Abraham Joshua Heschel in his legendary text No Religion Is an Island. Then, it illustrates the approach to this issue by the next generation of Jewish thinkers, Heschel’s disciples, Harold Kasimow and Byron Sherwin. Another interesting Heschel’s disciple is Alon Goshen-Gottstein who takes a step further in his explicating interfaith dialogue. The last part of the article analyses the understanding of Kasimow and Sherwin of the thought and deeds of Pope (...) John Paul II in the field of interreligious dialogue, and especially, in the attitude of the Catholic Church toward Jews. (shrink)

This study offers a new perspective on the object represented by art, specifically by art that succeeds to create in its receiver a sense of "the real", a sense of approximating the true nature of the represented object that lies outside the artwork. The object that cannot be accessed through a concept, a meaning or a sign, the thing-in-itself, is generally rejected by philosophy as being outside the realm of its concerns. This rejection is surveyed in a number of philosophical (...) discussions, from Kant to Hilary Putnam. Turning to the psychoanalytic object, an object inexhaustible in terms of its external existence, or in terms of its conceptual status or meaning (the object is always suppressed, partly known, inaccessible), another notion of the object. The Real is suggested as what can neither be contained in language nor reduced to a linguistic referent. This solution does not lead away from philosophical interests but rather exposes this dilemma about the object of representation as fundamentally philosophical. Cases of artistic realism discussed range from perspective painting to abstract art, from tragedies to the literary representation of minds. (shrink)

Recent years have seen abundant literature, in law and the social sciences, addressing the significance of "soft law," "self-regulation," and "private law-making" and analyzing the potential implications of "governance" in general for the trajectory of law. This Article is grounded in and oriented towards this broad theoretical and conceptual terrain by pointing at empirical phenomena that mark a shift towards market-embedded forms of social regulation. I specifically discuss the Equator Principles, a self-regulatory blueprint for overseeing the social and environmental performance (...) of project-finance initiatives. I argue for an understanding of the process in terms of a general moralization of markets, in and of itself a product of neo-liberal conceptions of governance. I posit that one implication of this process is that socially-oriented norm-making and norm-enforcement merge with the instrumental and utilitarian logic of markets. (shrink)

In a celebrated article, published nearly a century ago, Wesley Newcomb Hohfeld endeavored to elucidate the various types of jural relations. Hohfeld’s scheme has been justly regarded as a seminal contribution to analytical jurisprudence, and has stimulated lively debate since. This Essay aims to refute one of Hohfeld’s fundamental and most influential theses: the axiom of right–duty correlativity. To do so, it employs the simplest refutation strategy in first-order logic, namely providing a valid counterexample. Part I discusses earlier attempts to (...) do likewise, and explains why they failed. For the most part, previous illustrations of ostensibly standalone rights or standalone duties neglected relevant parties who could owe the correlative duties or hold the correlative rights, respectively. Part II puts forward a simple argument: There are abstract duties in private law that ban certain types of conduct without reference to specific victims. Those duties are not necessarily correlative with rights, although their breach may generate secondary duties with corresponding rights. In particular, tort law allows plaintiffs to recover for harm caused by breach of duty that occurred before they acquired legal personality. This is tantamount to recognizing duties that are not correlative with rights, and therefore invalidates the correlativity axiom. (shrink)

“There is no longer any world,” wrote the late philosopher Jean-Luc Nancy in 1993, and in this paper, the sense of this loss of world is analysed in terms of the modal notions of necessity, impossibility, and possibility. Modal differentiation can illuminate what constitutes the sense of actuality in a world, and hence, what it is that has been lost regarding this actuality of being in a world. Modal thinking does not rely on knowledge of the true state of affairs, (...) nor on having a constant grasp on necessity: modal thinking enables us to discern the actual by way of the relations between necessity, possibility, and impossibility. It is on the basis of these relations that a mode of rethinking actuality is suggested. In order to pursue this line of thought, I rely on Jacques Lacan’s understanding of modalities as writing operations, concentrating mostly on certain sections from his Seminar XXI, wherein he refers to Aristotelian modal logic and mentions the analytic philosopher Jaakko Hintikka. This ternary relation between Aristotle, Hintikka, and Lacan suggests a different outlook on the actual being-such of a world. The being-such of a world, its actuality, is understood as a contingency, a possibility emerging from the relation between what is declared necessary and what is impossible. The paper shows the implications of such a modal understanding of actuality, as demonstrated in Lacan’s view of human sexuality and sexual difference. (shrink)

This paper discusses Franz Rosenzweig’s use of the term “the unconscious” (das Unbewußte) and possible influences on his understanding of it. I claim that for Rosenzweig, it is through the unconscious that the individual becomes aware of himself and becomes capable of fulfilling his longing to achieve self-fulfillment and eventually to take part in a collective redemption. The unconscious is often perceived as the mental sphere related to trauma and repression in which defense mechanisms and fantasies are evolved. Fantasies are (...) psychological tools that allow the individual to cope with trauma, but they are also “layers of enclosedness,” illusions that should be dissolved. Hence, in the unconscious, we find a possibility of liberation. (shrink)

In 1939 Sigmund Freud published his latest book, Moses and Monotheism, which is his most unusual and problematic work. In Moses Freud offers four groundbreaking claims in regard to the biblical story: [a] Moses was an Egyptian [b] The origin of monotheism is not Judaism [c] Moses was murdered by the Jews [d] The murder sparked a constant sense of unconscious guilt, which eventually contributed to the rational and ethical development of Jewish monotheism. As is well known, Freud’s Moses received (...) extremely negative reviews from Jewish thinkers. The social psychoanalyst, Erich Fromm, who wrote extensively on Freud as well as on Judaism and the biblical narrative, did not explicitly express his position on Freud’s latest work. This paper offers explanations for Fromm’s roaring silence on Freud’s Moses. (shrink)

The identification of molecules controlling embryonic patterning and their functional analysis has revolutionized the fields of Developmental and Cell Biology. The use of new sequence information and modern bioinformatics tools has enriched the list of proteins that could potentially play a role in regulating cell behavior and function during early development. The recent application of efficient methods for gene knockout in zebrafish has accelerated the functional analysis of many proteins, some of which have been overlooked due to their small size. (...) Two recent publications report on the identification of one such protein and its role in zebrafish embryogenesis. The protein, currently designated Apela, was shown to act as a secreted protein whose absence adversely affected various early developmental processes. Additional signaling proteins that have been identified in one of the studies are likely to open the way to unraveling hitherto unknown developmental pathways and have the potential to provide a more comprehensive understanding of known developmental processes. (shrink)

Freedom is one of the most important moral and political ideals. Questions concerning degrees of overall freedom are therefore of the utmost moral and political concern. To answer these questions we need to know how to measure degrees of overall freedom. This paper offers a novel defence of the partly evaluative approach to freedom measurement against a recent critique of it. According to the partly evaluative approach, the question of how free one is depends partly on the specific value of (...) the freedoms one possesses and partly on their physical extension. According to the critique, because of its reference to freedoms’ specific value, the partly evaluative approach fails to capture freedoms’ non-specific value, which is what it should capture. In this paper I argue that this critique is unfounded, by showing that even measures of more mundane things, which nevertheless, like freedom, present us with a commensuration problem, sometimes involve evaluative considerations similar to the ones that the partly evaluative approach invokes. (shrink)

Ever since Plato expelled the poets from his ideal state, the ethics of art has had to confront philosophy's denial of art's morality. In Art before the Law, Ruth Ronen proposes a new outlook on the ethics of art by arguing that art insists on this tradition of denial, affirming its singular ethics through negativity. Ronen treats the mechanism of negation as the basis for the relationship between art and ethics. She shows how, through moves of denial, resistance, (...) and denouncement, art exploits its negative relation to morality. While deception, fiction, and transgression allegedly locate art outside morality and ethics, Ronen argues they enable art to reveal the significance of the moral law, its origins, and the idea of the good. By employing the thought of Freud and Lacan, Ronen reconsiders the aesthetic tradition from Plato through Kant and later philosophers of art in order to establish an ethics of art. An interdisciplinary study, Art before the Law is sure to be of interest both to academic philosophers and to those interested in psychoanalytic theory and practice. (shrink)

Few topics in international intellectual property law have been as controversial in recent years as the one we are about to examine. In the 1980s and early 1990s, a Diplomatic Conference attempted to revise the oldest international convention providing some protection for patented inventions outside of the domestic laws. Those efforts broke down, largely because developed and developing countries could not agree on the powers that governments should retain to issue compulsory licenses or on the grounds for which these powers (...) could be exercised. The failure of this Conference, held under the auspices of the World Intellectual Property Organization (WIPO), persuaded the technology-exporting countries to link future negotiations concerning international intellectual property protection to the Multilateral Trade Negotiations, known as the Uruguay Round, which got underway in 1986. The end result was Annex IC of the Agreement Establishing the World Trade Organization of 1994, which incorporated a new, comprehensive and relatively elevated set of international minimum standards of patent protection into the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). (shrink)

Hillel Steiner’s left-libertarian theory of justice is the most serious recent attempt to reconcile the ideals of (luck-egalitarian) equality and freedom. This attempt consists in an argument that a universal right to equal freedom, which in Steiner’s view means also a universal right to maximal freedom, implies a universal right to self-ownership and to an egalitarian share of the world’s natural resources. In this article, I argue that this argument fails on Steiner’s own terms. I argue that, on Steiner’s conceptions (...) of freedom, self-ownership, and an egalitarian share of the world’s natural resources, insofar as the right to equal freedom implies the right to self-ownership and to an egalitarian share of the world’s natural resources, it is incompatible with (luck-egalitarian) equality. (shrink)

This essay discusses a heretofore neglected dimension of one of the most important questions in the realm of political theory: which obstacles that stand in the way of our performing a certain action render us unfree to perform that action? This dimension is concerned with the issue of the causal test that a certain central kind of obstacle—i.e., subjunctive interference—has to pass in order to render us unfree. The aim of this essay is, first, to introduce this issue; and, second, (...) to offer a first analysis of the two possible positions that can be taken with respect to it. (shrink)

Employing a time-lagged sample of 371 North American individuals working full time in a wide range of industries, occupations, and levels, we contribute to research on employee outcomes of corporate social responsibility attributions as substantive or symbolic. Utilizing a mediated moderation model, our study extends previous findings by explaining how and why CSR attributions are related with work-related attitudes and subsequent individual performance. In support of our hypotheses, our findings indicate that the relationships between CSR attributions and individual performance are (...) mediated through person–organization fit and work-related attitudes. Additionally, when CSR is perceived as important, substantive CSR is positively related to, and symbolic CSR is negatively related to, perception of fit with the organization. These findings contribute toward our understanding of the complex effect CSR has on employees’ work outcomes. Practical implications and future research directions are discussed. (shrink)

While globalization is largely theorized in terms of trans-border flows, this article suggests an exploratory sociological framework for analyzing globalization as consisting of systemic processes of closure and containment. The suggested framework points at the emergence of a global mobility regime that actively seeks to contain social movement both within and across borders. The mobility regime is theorized as premised upon a pervasive “paradigm of suspicion” that conflates the perceived threats of crime, immigration, and terrorism, thus constituting a conceptual blueprint (...) for the organization of global risk-management strategies. The article draws on multiple examples, singling out some elementary forms of the mobility regime, emphasizing the sociological affinity between guarded borders on the one hand and gated communities on the other. In particular, the article aims at theorizing the translation of the paradigm of suspicion into actual technologies of social screening designed to police the mobility of those social elements that are deemed to belong to suspect social categories. Specifically, the article points at biosocial profiling as an increasingly dominant technology of intervention. Biosocial profiling, in turn, is theorized in juxtaposition to other modalities of power, namely, legal and disciplinary measures. (shrink)

RÉSUMÉLe goût, en tant que faculté d'appréciation esthétique, implique un individu, et pourtant suppose une communauté. Dans cet article, nous constatons qu'une disposition singulière à l’égard des objets de goût est conditionnée par le consentement d'autrui et par l’être-avec autrui. De cette façon, une communauté esthétique est établie. Cette idée de communauté esthétique remonte au sensus communis de Kant et à la notion de préservation de Heidegger : dans les deux cas, c'est la présence d'une communauté qui conditionne l'expérience esthétique.

By closely reading Lacan’s references to the way philosophers (primarily Kant and Aristotle) use the notion of the “soul,” this paper suggests that the soul represents whatever in the body is unattainable to thought. The paper aims to reveal the philosophical moment in which a soul distinguishes itself from both mind and body and to show that this moment, in which a soul is summoned by philosophers, is needed in order to overcome the fundamental alienation of the body with regard (...) to thought. Lacan’s way of addressing the soul along these lines suggests why having a soul carries ethical implications. (shrink)