Law, Economics, and Morality examines the possibility of combining economic methodology and deontological morality through explicit and direct incorporation of moral constraints into economic models. Economic analysis of law is a powerful analytical methodology. However, as a purely consequentialist approach, which determines the desirability of acts and rules solely by assessing the goodness of their outcomes, standard cost-benefit analysis (CBA) is normatively objectionable. Moderate deontology prioritizes such values as autonomy, basic liberties, truth-telling, and promise-keeping over the promotion of good outcomes. It holds that there are constraints on promoting the good. Such constraints may be overridden only if enough good (or bad) is at stake. While moderate deontology conforms to prevailing moral intuitions and legal doctrines, it is arguably lacking in methodological rigor and precision. Eyal Zamir and Barak Medina argue that the normative flaws of economic analysis can be rectified without relinquishing its methodological advantages and that moral constraints can be formalized so as to make their analysis more rigorous. They discuss various substantive and methodological choices involved in modeling deontological constraints. Zamir and Medina propose to determine the permissibility of any act or rule infringing a deontological constraint by means of mathematical threshold functions. Law, Economics, and Morality presents the general structure of threshold functions, analyzes their elements and addresses possible objections to this proposal. It then illustrates the implementation of constrained CBA in several legal fields, including contract law, freedom of speech, antidiscrimination law, the fight against terrorism, and legal paternalism.
Prospect theory posits that people do not perceive outcomes as final states of wealth or welfare, but rather as gains or losses in relation to some reference point. People are generally loss averse: the disutility generated by a loss is greater than the utility produced by a commensurate gain. Loss aversion is related to such phenomena as the status quo and omission biases, the endowment effect, and escalation of commitment. The book systematically analyzes the relationships between loss aversion and the law.
In the past few decades, economic analysis of law has been challenged by a growing body of experimental and empirical studies that attest to prevalent and systematic deviations from the assumptions of economic rationality. While the findings on bounded rationality and heuristics and biases were initially perceived as antithetical to standard economic and legal-economic analysis, over time they have been largely integrated into mainstream economic analysis, including economic analysis of law. Moreover, the impact of behavioral insights has long since transcended purely economic analysis of law: in recent years, the behavioral movement has become one of the most influential developments in legal scholarship in general. Behavioral Law and Economics offers a state-of-the-art overview of the field. Eyal Zamir and Doron Teichman survey the entire body of psychological research that lies at the basis of behavioral analysis of law, and critically evaluate the core methodological questions of this area of research. Following this, the book discusses the fundamental normative questions stemming from the psychological findings on bounded rationality, and explores their implications for setting the law's goals and designing the means to attain them. The book then provides a systematic and critical examination of the contributions of behavioral studies to all major fields of law including: property, contracts, consumer protection, torts, corporate, securities regulation, antitrust, administrative, constitutional, international, criminal, and evidence law, as well as to the behavior of key players in the legal arena: litigants and judicial decision-makers.
In the past few decades, economic analysis of law has been challenged by a growing body of experimental and empirical studies that attest to prevalent and systematic deviations from the assumptions of economic rationality. While the findings on bounded rationality and heuristics and biases were initially perceived as antithetical to standard economic and legal-economic analysis, over time they have been largely integrated into mainstream economic analysis, including economic analysis of law. Moreover, the impact of behavioral insights has long since transcended purely economic analysis of law: in recent years, the behavioral movement has become one of the most influential developments in legal scholarship in general. Behavioral Law and Economics offers a state-of-the-art overview of the field. Eyal Zamir and Doron Teichman survey the entire body of psychological research that lies at the basis of behavioral analysis of law, and critically evaluate the core methodological questions of this area of research. Following this, the book discusses the fundamental normative questions stemming from the psychological findings on bounded rationality, and explores their implications for setting the law's goals and designing the means to attain them. The book then provides a systematic and critical examination of the contributions of behavioral studies to all major fields of law including: property, contracts, consumer protection, torts, corporate, securities regulation, antitrust, administrative, constitutional, international, criminal, and evidence law, as well as to the behavior of key players in the legal arena: litigants and judicial decision-makers.
Kahneman and Tversky's Prospect Theory posits that people do not perceive outcomes as final states of wealth or welfare, but rather as gains or losses in relation to some reference point. People are generally loss averse, meaning that the disutility generated by a loss is greater than the utility produced by a commensurate gain. Loss aversion is related to psychological phenomena such as the status quo and omission biases, the endowment effect, and escalation of commitment. Law, Psychology, and Morality: The Role of Loss Aversion systematically analyzes the complex relationships between loss aversion and the law weaving together insights from cognitive and social psychology, neuropsychology, behavioral economics, experimental legal studies, economic analysis of law, normative ethics, moral psychology, and comparative law. It discusses diverse legal issues in private and public law, national and international law, and substantive and procedural law. Eyal Zamir provides an overview of the psychological studies of loss aversion to examine its effect on human behavior in the contexts of particular interest to the law, while discussing the impact of the law on people's behavior through the framing of the choices they encounter. The book further highlights an intriguing compatibility between loss aversion and fundamental features of the law and various legal doctrines, while theorizing about the causes of this compatibility by drawing on insights from the economic analysis of law and evolutionary psychology. The book points to the correlation between loss aversion, deontological and commonsense morality, and the law, while proposing many normative implications.
This work examines the possibility of combining economic methodology and deontological morality through explicit and direct incorporation of moral constraints into economic models.
For decades, the Islamic Republic of Iran has sought to extend its influence throughout the Middle East, and the threat has only grown more serious amid the regime’s enhanced conventional military capabilities and proximity to a nuclear breakout. The Islamic Revolutionary Guard Corps has spearheaded Tehran’s expansionist “four capitals” strategy, focused on Baghdad, Damascus, Beirut, and Sanaa. In Iraq, the IRGC works through elements of the government-funded Popular Mobilization Forces; in Syria, through the regime of Bashar al-Assad; in Lebanon, through Hezbollah—which can be regarded as Iran’s “model” proxy; and in Yemen, through the Houthis, who hold territory and oppose the internationally recognized government. In all these places, the IRGC has exploited civil wars and interstate conflicts to spread its political, economic, and military influence. In this Policy Focus, Maj. Gen. Eyal Zamir, IDF, draws on his deep experience in the Israeli military establishment to propose a detailed plan for undermining Iran’s influence in the region—an approach that will preserve U.S. and Western interests, reinforce Israel and America’s Arab allies, and promote regional stability.
The first decade of independence (1943-1952) was crucial to the political history of Lebanon, following the creation of the state in 1920 and the subsequent years of French tutelage. This period is defined by the presidency of Bishara al-Khuri, the first elected president, a founding father who played a vital part in forming the distinctive character of the Lebanese state and in Lebanon's later history, both rich and successful and troubled and tragic. During this period the old order in Lebanon, shaped over centuries, clashed with a 'new order', transforming Lebanese politics and society. Khuri's task was to protect Lebanon's fragile independence and to try to ensure political stability among warring factions – strife which in 1975 erupted in civil war causing immense disruption and suffering in Lebanon and with deep and widespread national and international effect. This study draws on a wide range of primary and secondary sources including official state papers and private collections from Britain, France, the USA, Lebanon and Israel. _Contents_: Introduction: The Birth of the Lebanese State; First Steps Along a New Road; The 1943 Elections; The National Pact; The November 1943 Crisis; Between East and West – Lebanon on the International and Regional Scene; Domestic Challenges – 1943–1947; At the Peak of Power; The 1948 War in Palestine; The Syrian Lebanese Crisis; The Confrontation with the PPS (1947–1949); Khuri and Sulh: a Parting of the Ways; Rift with the West; The Overthrow
Also available as an e-book The book argues that the decision-making processes within international organizations and other global governance bodies ought to be subjected to procedural and substantive legal constraints that are associated domestically with the requirements of the rule of law. The book explains why law — international, regional, domestic, formal or soft — should restrain global actors in the same way that judicial oversight is applied to domestic administrative agencies. It outlines the emerging web of global norms designed to protect the rights and interests of all affected individuals, to enable public deliberation, and to promote the legitimacy of the global bodies. These norms are being shaped by a growing convergence of expectations of global institutions to ensure public participation and representation, impartiality and independence of decision-makers, and accountability of decisions. The book explores these mechanisms as well as the political and social forces that are shaping their development by analysing the emerging judicial practice concerning a variety of institutions, ranging from the UN Security Council and other formal organizations to informal and private standard-setting bodies.
This work constitutes a groundbreaking contribution to the literature of Israel studies. It examines Israeli society's journey through 2023, highlighting its swift transformation from political fragmentation, turmoil, and civil unrest to national unity and complete mobilization. This sudden change that occurred on October 7, 2023, is described in a broader historical and cultural context. Readers of this groundbreaking work are treated to an in-depth analysis of the significant events of 2023, ranging from the legal and political implications of the announcement of judicial reform plans to the political disruptions that followed. Drawing on Jonathan Sacks's notion of a national covenant, David Ben-Gurion's concept of Halutzim, and Henri de Saint-Simon's ideas on avant-garde groups, this study makes sense of several seemingly incomprehensible aspects of recent events. This publication will enlighten those keen on exploring Israeli society and deciphering its complex behaviors across various temporal dimensions. Students, scholars, and educators alike will discover essential readings on pivotal Israel studies topics within its pages. WORDS OF PRAISE This book represents one of the first accounts if not the first of the political-social crisis which Israeli society has been experiencing. Considering the widespread confusion and misrepresentation of the basic facts, Lewin has made a timely and balanced contribution to our understanding. What began as a struggle for constitutional and judicial reform in Israel could have resulted in a coup d'etat and civil war, were it not for the Hamas invasion, rapes, and massacres which took place on October 7, 2023. Lewin's analytical approach, which is based on solid sources and respected opinions, has brought us a mature and academically sound account. --Dr. Joel Fishman, Jerusalem Center for Public Affairs and Israel Defense and Security Forum (IDSF) This essay provides readers with an original viewpoint that creatively recounts the narrative of Israeli society. This academic examination of the turbulence experienced by Israel in 2023 addresses judicial, political, and military aspects in a manner that has not been previously recorded. --Prof. Asher Cohen, Department of Political Studies, Bar-Ilan University It takes courage to delve into the intricate fabric of divisions within Israeli society. Professionalism demands the ability to go beyond temporal and spatial constraints, a task that Lewin adeptly fulfills with the meticulous expertise of a political sociologist! --Dr. Assaf Malach, Shalem College and Jewish Statesmanship Center Authored from the vantage point of a seasoned researcher aligned with a republican ethos and associated with Israel's right wing, this book uncovers the intricacies and robustness of Israeli society. Lewin offers insight into the essence and endurance of Israeli society amidst trials and existential challenges, portraying it as a society driven by vitality and determined to rediscover its foundational covenant of destiny as a pillar for survival. --Prof. Kobi Michael, University of South Wales; Institute for National Security Studies (INSS), Tel Aviv University; and Misgav Institute for National Security and Zionist Strategy
Orientalism, Zionism and Academic Practice explores the field of Israeli Middle East and Islamic Studies (MEIS) sociologically and politically, as a window onto the relationship between Orientalism, Zionism and academia. The book draws special attention to neoliberal discourse and praxis in everyday higher education, the interests of scholars, and the political form that commercialisation takes in specific disciplinary and geopolitical conditions by deconstructing structural and historical presuppositions and effective ideologies that overdetermine this junction of academia, orientalism and Zionism. The multi-layered study draws on various scholarly traditions and offers new evidence for, and insights in, historical and cultural-discursive discussions. It highlights paradigmatic gaps in reading Saidian orientalism, re-evaluates the origins and evolution of the local field, contributes to the study of everyday academic culture in the social sciences and humanities (SSH), and unveils the presupposed and the unsaid of the general and the specific field, exploring the intersection of an orientalist expertise, in a settler-colonial society, and everyday academic capitalism. The expertise of this sociological and discursive study make it an invaluable resource for academics and students interested in Israel and Middle East studies, Higher Education and the Sociology of Academia.
The law of occupation imposes two types of obligations on an army that seizes control of enemy land during armed conflict: obligations to respect and protect the inhabitants and their rights, and an obligation to respect the sovereign rights of the ousted government. In theory, the occupant is expected to establish an effective and impartial administration, to carefully balance its own interests against those of the inhabitants and their government, and to negotiate the occupation's early termination in a peace treaty. Although these expectations have been proven to be too high for most occupants, they nevertheless serve as yardsticks that measure the level of compliance of the occupants with international law. This thoroughly revised edition of the 1993 book traces the evolution of the law of occupation from its inception during the 18th century until today. It offers an assessment of the law by focusing on state practice of the various occupants and reactions thereto, and on the governing legal texts and judicial decisions. The underlying thought that informs and structures the book suggests that this body of laws has been shaped by changing conceptions about war and sovereignty, by the growing attention to human rights and the right to self-determination, as well as by changes in the balance of power among states. Because the law of occupation indirectly protects the sovereign, occupation law can be seen as the mirror-image of the law on sovereignty. Shifting perceptions on sovereign authority are therefore bound to be reflected also in the law of occupation, and vice-versa.
Which is smarter -- your head or your gut? It's a familiar refrain: you're getting too emotional. Try and think rationally. But is it always good advice? In this surprising book, Eyal Winter asks a simple question: why do we have emotions? If they lead to such bad decisions, why hasn't evolution long since made emotions irrelevant? The answer is that, even though they may not behave in a purely logical manner, our emotions frequently lead us to better, safer, more optimal outcomes. In fact, as Winter discovers, there is often logic in emotion, and emotion in logic. For instance, many mutually beneficial commitments -- such as marriage, or being a member of a team -- are only possible when underscored by emotion rather than deliberate thought. The difference between pleasurable music and bad noise is mathematically precise; yet it is also something we feel at an instinctive level. And even though people are usually overconfident -- how can we all be above average? -- we often benefit from our arrogance. Feeling Smart brings together game theory, evolution, and behavioral science to produce a surprising and very persuasive defense of how we think, even when we don't.
This book provides a comprehensive but concise overview on the economically important emerging cattle pox virus derived Lumpy Skin Disease, including the characteristics of causative agent, description of clinical signs in cattle, pathology and histopathology, immunity, geographical distribution, epidemiology and transmission pathways, control and eradication of the disease. In addition the recent developments in vaccination, mathematical modeling and risk assessment are discussed. Lumpy Skin Disease currently spreads aggressively across the Middle and Near East. The first incursion to the European Union territory occurred in Greece in autumn 2015. The book targets clinicians and field veterinarians in Lumpy Skin Disease affected regions, veterinary authorities as well as advanced students in veterinary medicine and virology.
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