Frequently, those who commit a crime forcibly are subject to greater punishment than those who commit the same crime without using force. But uncertainty surrounds the conditions that must be met for an act to be performed with force. It is particularly puzzling that acts that are committed through threat, which are in no way harmful, are nonetheless classified under the law as forcibly committed. This paper explains why by offering an account of a particular kind of harmless force. On (...) the account offered, an act is performed with this type of force just in case it manifests a disposition to escalate in the face of obstacles permissibly imposed by the victim. The paper argues that conduct that manifests such a disposition causes the victim’s agency to be implicated in the wrong done to them by causing them to refrain from realizing obstacles to the wrong. Forcible conduct, therefore, invades another’s autonomy in a way that non-forcible conduct does not and is, for that reason, more wrongful. (shrink)

In this Article I argue that the citizenship status of Israel’s Palestinian citizens has been eroding since the "events" of October 2000 and that, as a result, Israel, within its rpe-1967 borders, may be moving from a form of democracy that has been termed "ethnic democracy" towards a form of non-democratic state that has been termed "ethnocracy." My argument is based primarily on two legal documents: the new Citizenship and Entry into Israel Law, 2003, which denies Palestinian citizens the right (...) to unite with their closest family members who are residents of the Occupied Territories, and the decision of the High Court of Justice that upheld the constitutionality of this law in 2006. Two other developments that seem to support my thesis are analyzed as well: the "events" of October 2000 themselves and the report of the state commission of inquiry that investigated these events, and the plan, advanced by Yvette Lieberman and his political party, "Yisrael Beytenu," to shift the border between Israel and the West Bank westward, depriving tens of thousands of citizen-Palestinians of their Israeli citizenship. (shrink)

Reid argues that Hume’s claim that justice is an artificial virtue is inconsistent with the fact that gratitude is a natural sentiment. This chapter shows that Reid’s argument succeeds only given a philosophy of mind and action that Hume rejects. Among other things, Reid assumes that one can conceive of one of a pair of contradictories only if one can conceive of the other—a claim that Hume denies. So, in the case of justice, the disagreement between Hume and Reid is, (...) at bottom, a disagreement over their respective conceptions of how the human mind works at its most fundamental level. (shrink)

All efforts undertaken so far to establish peace between Israel and the Palestinians have failed to seriously address the right of return of the Palestinian refugees. This failure stemmed from a conviction that the question of historical justice in general had to be avoided. Since justice is a subjective construct, it was argued, allowing it to become a subject of negotiation would only perpetuate the conflict. However, the experience of these peace efforts has shown that without solving the problem of (...) the Palestinian refugees an agreement cannot be reached. And the problem cannot possibly be solved without addressing the key Palestinian demand on this issue — the right of return. For both sides, the right of return, more than any other issue, touches on the essence of their history since the beginning of the conflict between them, and on their future. The national narrative of each side thus centers on its version of the history of the 1948 Arab-Israeli war, in the course of which the Palestinian refugee problem was created. And each side maintains the fundamental belief that its future national existence hinges on whether, and how, the issue of the right of return is resolved. For the Palestinians, the right of return is an inalienable right that defines their national identity and their struggle for liberation. For Israeli Jews, the right of return is perceived as an existential threat to the Jewish character of their society, if not to its very existence. It is not surprising, therefore, that within each of the two societies a national consensus has been built around this issue and that the position of each society seems to stand in complete opposition to that of the other. However, we argue that a morally and politically sound basis could and should be established for a workable solution and that such a basis can be provided by the notion of "transitional justice." Transitional justice stresses two major steps as necessary for reconciliation between parties involved in an historic conflict: recognition and restitution. Recognition entails revealing the historical truth about the injustices committed and according their victims dignity and respect as rights-bearing human beings. Restitution is meant to alleviate some of the material deprivation suffered by the victims and is also a form of recognition. In the Israeli-Palestinian case, recognition by Israel of the right of return would entail its assumption of responsibility for the uprooting of the majority of Palestinian society in 1948. This would satisfy a demand that has become a fundamental element in Palestinian national identity. Recognition would then enable the two parties to enter negotiations over restitution, in particular the implementation of the right of return. In these negotiations, as many Palestinian political leaders have indicated, the concerns of Israeli Jews with their national identity would be taken into account. Only if the fundamental concerns of the two parties, which center on the issue of the right of return, are met can the road towards reconciliation between them be opened. (shrink)

Review of Yaffe's "The Age of Culpability".

In ‘Excusing Mistakes of Law’, Gideon Yaffe sets out to ‘vindicate’ the claim ‘that mistakes of law never excuse’ by ‘identifying the truth that is groped for but not grasped by those who assert that ignorance of law is no excuse’. Yaffe does not offer a defence of the claim that mistakes of law never excuse. That claim, Yaffe argues, is false. Yaffe’s article is, rather, an effort to assess what plausible thought might be behind the (...) idea that mistakes of law often should not excuse. (Yaffe is interested in more than just the descriptive claim that in Anglo-American legal jurisdictions mistakes of law routinely do not, in fact, excuse.) More particularly, Yaffe is interested in what plausible normative justification there might be for this asymmetric pattern: -/- Asymmetry: False beliefs about non-legal facts often excuse, but false beliefs about the law rarely excuse. -/- Yaffe offers a complex argument in support of Asymmetry. This paper is organised around my reconstruction of Yaffe’s argument. I argue that Yaffe’s argument does not succeed, but that his argument provides a template for an argument that could succeed. (shrink)

‘Attempted negligence’ is a category of criminal offense that many jurists and philosophers have law have deemed conceptually incoherent. In his Attempts: In the Philosophy of Action and the Criminal Law, Gideon Yaffe challenges this dismissal, anchoring his argument in cases of what he calls ‘mental self-management’ in which agents plan to bring about that they perform unintentional actions at a later time. He plausibly argues that mental self-management-type attempted negligence is possible. However, his account raises the question whether (...) such attempts can be successful: whether, in other words, attempts to perform unintentional actions at a later time could issue in actions that are, indeed, unintentional. Intuitively, at least, it would seem that we should answer in the affirmative. However, that answer poses problems for a plausible and widely-held account of intentional action. Al Mele, responding to Yaffe’s account, has pointed out this problem without, I think, providing a satisfactory resolution. I propose another way of vindicating the possibility of successful attempted negligence with small, if significant, revision to the standard view of intentional action. In these cases, I argue, agents fail to act intentionally because they render themselves, through their acts of self-management, unaware that they are successfully executing their intentions. Moreover, I argue that these agents’ intentions to bring about that they perform unintentional actions do not commit them to acting intentionally because of the nature of intentions to bring about actions. I offer an account of the intention to bring about that one A’s and defend it against some objections. (shrink)

When we define something as a crime, we generally thereby criminalize the attempt to commit that crime. However, it is a vexing puzzle to specify what must be the case in order for a criminal attempt to have occurred, given that the results element of the crime fails to come about. I argue that the philosophy of action can assist the criminal law in clarifying what kinds of events are properly categorized as criminal attempts. A natural thought is that this (...) project should take the form of specifying what it is in general to attempt or try to perform an action, and then to define criminal attempts as attempts to commit crimes. Focusing on Gideon Yaffe's resourceful work in Attempts (Oxford University Press, 2010) as an example of this strategy, I argue that it results in a view that is overly inclusive: one will count as trying to commit a crime even in the far remote preparatory stages that we in fact have good reason not to criminalize. I offer an alternative proposal to distinguish between mere preparations and genuine attempts that has its basis not in trying, but doing: a criminal attempt is underway once what the agent is doing is a crime. Working out the details of this schema turns out to have important implications for action theory. A recently burgeoning view known as Naive Action Theory holds that all action can be explained by appeal to some further thing that the agent is doing, and that that the same explanatory nexus is at work even when we appeal to what the agent is intending, trying, or preparing to do -- these notions do explanatory work because they too refer to actions that are in progress, albeit in their infancy. If this is right, than the notion of 'doing' will also be too inclusive for the purposes of the criminal law. I argue that we should draw the reverse conclusion: the distinctions between pure intending, trying, preparing, and doing serve an important purpose in the criminal law, and this fact lends support to the view that they are genuine metaphysical and explanatory distinctions. (shrink)

ALL THE MORE, by Avi Sion, Ph.D., comprises a merged list of 72 qal vachomer arguments in the Tanakh, i.e. of a fortiori arguments in the Hebrew Bible. This listing brings together lists proposed in past rabbinic literature and in more recent studies by the author. The literature research for it was carried out mainly by R. Yaakov Gabay, who looked into works in Hebrew by five rabbis who had proposed lists, namely: R. Shmuel Yaffe Ashkenazi (Yefeh Toar, 1597), (...) R. Zvi Hirsch Katzenellenbogen (Netivot Olam, 1822), R. Zeev Wolf Einhorn (Midrash Tannaim, 1839), R. Mattityahu Strashun (Mattat Yah, 1892), R. Chaim Hirschensohn (Berure HaMidot, 1928). The author of the present essay brought additional information from the Tanakh commentary of R. Shlomo Yitzchaki (Rashi, 11th Cent.) and an essay by R. Louis Jacobs (2005), as well as from his own past works (Judaic Logic, 1995, and A Fortiori Logic, 2013). The information thus gathered is here presented in a systematic manner, after careful evaluation by the author of each case with reference to narrative context, language used, and logical form. Efforts are made to identify which cases were known to each of the past authors, and to determine who found each case first and whether subsequent listings of the case (if any) were independent or derivative. (shrink)

The importance of contextual reasoning is emphasized by various researchers in AI. (A partial list includes John McCarthy and his group, R. V. Guha, Yoav Shoham, Giuseppe Attardi and Maria Simi, and Fausto Giunchiglia and his group.) Here, we survey the problem of formalizing context and explore what is needed for an acceptable account of this abstract notion.

Formalizing commonsense knowledge for reasoning about time has long been a central issue in AI. It has been recognized that the existing formalisms do not provide satisfactory solutions to some fundamental problems, viz. the frame problem. Moreover, it has turned out that the inferences drawn do not always coincide with those one had intended when one wrote the axioms. These issues call for a well-defined formalism and useful computational utilities for reasoning about time and change. Yoav Shoham of Stanford (...) University introduced in his 1986 Yale doctoral thesis an appealing temporal nonmonotonic logic and identified a class of theories, causal theories, which have computationally simple model-theoretic properties. This paper is a study towards building upon Shoham's work on causal theories. We concentrate on improving computational aspects of causal theories while preserving their model-theoretic properties. (shrink)

We extend causal theories and study actions in domains involving multiple agents. Causal theories, invented by Yoav Shoham, are based on a temporal nonmonotonic logic and have computationally tractable aspects. Since Shoham's formalism does not provide an adequate mechanism for representing simultaneous actions and specifying their consequences, we introduce the notion of counteractions while preserving the efficiency and model-theoretic properties of causal theories.

A model-theoretic realist account of science places linguistic systems and their corresponding non-linguistic structures at different stages or different levels of abstraction of the scientific process. Apart from the obvious problem of underdetermination of theories by data, philosophers of science are also faced with the inverse (and very real) problem of overdetermination of theories by their empirical models, which is what this article will focus on. I acknowledge the contingency of the factors determining the nature – and choice – of (...) a certain model at a certain time, but in my terms, this is a matter about which we can talk and whose structure we can formalise. In this article a mechanism for tracing "empirical choices" and their particularized observational-theoretical entanglements will be offered in the form of Yoav Shoham's version of non-monotonic logic. Such an analysis of the structure of scientific theories may clarify the motivations underlying choices in favor of certain empirical models (and not others) in a way that shows that "disentangling" theoretical and observation terms is more deeply model-specific than theory-specific. This kind of analysis offers a method for getting an articulable grip on the overdetermination of theories by their models – implied by empirical equivalence – which Kuipers' structuralist analysis of the structure of theories does not offer. (shrink)

This contribution reconstructs and assesses Gideon Yaffe’s claims in his book Attempts about what constitutes an attempt, what can count as evidence that an attempt has been made, whether abandonment is a genuine defense, and whether attempts should be punished less severely than completed crimes. I contrast Yaffe’s account of being motivated by an intention and the completion of an attempt in terms of the truth of the completion counterfactual with an alternative picture of attempts as temporally extended (...) decision trees that are complete insofar as the agent has progressed toward the final act in the tree. I suggest that this alternative scalar conception of attempt may provide a more plausible account of the defense of abandonment. I also raise questions about whether Yaffe has provided an adequate justification of his mix of luck skepticism about censure and luck realism about punishment. (shrink)

After a review of situation theory and previous attempts at 'computational' situation theory, we present a new programming environment, BABY-SIT, which is based on situation theory. We then demonstrate how problems requiring formal temporal reasoning can be solved in this framework. Specifically, the Yale Shooting Problem, which is commonly regarded as a canonical problem for nonmonotonic temporal reasoning, is implemented in BABY-SIT using Yoav Shoham's causal theories.