This paper is a review of Review of David Harel's, Computer Ltd.

The book presents the first comprehensive survey of limits of the intentional control of action from an interdisciplinary perspective. It brings together leading scholars from philosophy, psychology, and the law to elucidate this theoretically and practically important topic from a variety of theoretical and disciplinary approaches. It provides reflections on conceptual foundations as well as a wealth of empirical data and will be a valuable resource for students and researchers alike. Among the authors: Clancy Blair, Todd S. Braver, Michael W. (...) Cole, Anika Fäsche, Maayan Davidov, Peter Gollwitzer, Kai Robin Grzyb, Tobias Heikamp, Gabriele Oettingen, Rachel McKinnon, Nachschon Meiran, Hans Christian Röhl, Michael Schmitz, John R. Searle, Gottfried Seebaß, Gisela Trommsdorff, Felix Thiede, J. Lukas Thürmer, Frank Wieber. (shrink)

In his thought-provoking book, Why Law Matters, Alon Harel defends two key claims: one ontological, the other axiological. First, he argues that constitutions and judicial review are necessary constituents of a just society. Second, he suggests that these institutions are not only means to the realization of worthy ends, but also non-instrumentally valuable. I agree with Harel that constitutions and judicial review have more than instrumental value, but I am not persuaded by his arguments in support of this (...) conclusion. I argue that Harel’s ontological claim is unsustainable, and that his axiological claim needs revision. Regarding the former, I show that constitutions and judicial review are only contingent constituents of a just society. Regarding the latter, I contest Harel’s specific account of the value of constitutions and judicial review. Harel grounds the non-instrumental value of constitutions in freedom as non-domination but, upon scrutiny, it emerges that their non-instrumental value lies elsewhere. Further, Harel holds that the non-instrumental value of judicial review stems from its embodying a right to a fair hearing. I argue that this right has non-instrumental value only under a particular set of circumstances. I thus conclude, contrary to Harel, that the non-instrumental value of judicial review is contingent on those circumstances obtaining. (shrink)