Diese Festschrift für Michael Fischer ist ein Patchwork und eine wunderbare Mischung aus Wissenschaft, Persönlichem, Freundschaft und Genuss. Sie setzt sich aus unterschiedlichen und vielseitigen Texten, Zeichnungen und Bildern zusammen, von Menschen, die ihn begleitet haben, manche viele Jahre, manche nur eine kurze, aber entscheidende Zeit. Studentinnen und Studenten, die von ihm gelernt haben, Kolleginnen und Kollegen, die mit ihm Ideen entwickelt, Projekte initiiert und geforscht haben, Freunden aus Kunst und Kultur, Theater, Oper und den Bühnen des Lebens, (...) nämlich: Eric Hobsbawm, Claudio Magris, André Glucksmann, Wolf Singer, Johannes Hahn, Volker Gerhardt, Thomas Fischer, Rudolf (+) und Gundl Hradil, Helga Rabl-Stadler, Gerard Mortier, Jürgen Flimm, Brita Steinwendtner, Veit Heinichen, Peter Ruzicka, André Tubeuf, Thomas Oberender, Stefan Zweifel, Hermann Lübbe, Eduardo Chitas, Wilhelm Donner, Hans Eichhorn, Reinhard Kacianka, Tina Perisutti, Ulrich H. J. Körtner, Markus Hengstschläger, Henriette und Conrad Ulrich-Hürlimann, Michael Hagner, Thomas Macho, Johann Weyringer, Birgit Recki, Walther Ch. Zimmerli, Andreas Cesana, Kurt Seelmann. (shrink)

Die Einordnung der Rechtsphilosophie als akademische Disziplin reicht vom reinen Grundlagenfach mit «Service-Funktion» für die praktischen Rechtswissenschaften über ein interdisziplinäres Verständnis, das die Bezüge zu anderen ...

Papers presented at a meeting organized by the èOsterreichische Sektion of the International Association for Philosophy of Law and Social Philosophy and the Institut fèur Rechtsphilosophie, Methodologie der Rechtswissenschaften und Allgemeine Staatslehre, Universitèat Salzburg, and held May 18-20, 1983 at the Bildungshaus Virgil, Salzburg.

Stets war der Begriff «Fortschritt» von Glücksverheissungen begleitet. In der Renaissance, vollends dann in der Aufklärung wandelt er sich zum wissenschaftlichen Fortschritt. Die Rechtswissenschaften und die frühen Formen der Sozialwissenschaften stehen ganz im Bann dieser Utopie der Vernunft. Die Geheimbünde versuchen erstmals, wissenschaftlichen Fortschritt zu «institutionalisieren», Utopismus und Aufklärung sind um eine «Kodifikation des Fortschritts» bemüht. De Sade unternimmt erste ideologiekritische Schritte, indem er die Vernunft als beliebig einsetzbares Rechtfertigungsinstrument entlarvt. Die Traditionszusammenhänge des 19. Jahrhunderts ebnen den Weg für das (...) Verständnis aktueller Probleme. Dabei ergibt sich folgender Befund: Die «Neuzeit» scheint insofern ein Ende zu haben, wie der Fortschrittsglauben, der sie einst hervorgebracht hat. Die automatische Verbindung des Fortschritts mit Glück und Freiheit hat sich zusehends als Illusion erwiesen. (shrink)

Lippenbekenntnisse und Zitatenversatzstücke zur antiken Philosophie gibt es in der rechts- und sozialwissenschaftlichen Literatur zur Genüge. So wird aber oft der wesentliche Gehalt und die andauernde wirkungsgeschichtliche Bedeutung dieses Denkens verstellt. Eine elementare Einsicht ist die, dass jeweils unsere Herkunft mitbestimmt, zu welcher Gegenwart und Zukunft wir fähig sind. Dabei ist die antike Philosophie die Plattform einer gemeinsamen intellektuellen Herkunft von seither sich kontinuierlich wiederholenden Frage- und Problemstellungen.

Cancer and its treatment pose challenges that affect not only patients but also their significant others, including intimate partners. Accumulating evidence suggests that couples’ ability to communicate effectively plays a major role in the psychological adjustment of both individuals and the quality of their relationship. Two key conceptual models have been proposed to account for how couple communication impacts psychological and relationship adjustment: the social-cognitive processing (SCP) model and the relationship intimacy (RI) model. These models posit different mechanisms and outcomes, (...) and thus have different implications for intervention. The purpose of this project is to test and compare the utility of these models using comprehensive and methodologically rigorous methods. Aims are: (1) to examine the overall fit of the SCP and RI models in explaining patient and partner psychological and relationship adjustment as they occur on a day-to-day basis and over the course of 1 year; (2) to examine the fit of the models for different subgroups (males vs. females, and patients vs. partners); and (3) to examine the utility of various methods of assessing communication by examining the degree to which baseline indices from different measurement strategies predict self-reported adjustment at 1-year follow up. The study employs a longitudinal, multi-method approach to examining communication processes including: standard self-report questionnaires assessing process and outcome variables collected quarterly over the course of 1 year; smartphone-based ecological momentary assessments to sample participant reports in real time; and laboratory-based couple conversations from which we derive observational measures of communicative behavior and affective expression, as well as vocal indices of emotional arousal. Participants are patients with stage II-IV breast, colon, rectal, or lung cancer and their spouses/partners, recruited from two NCI-designated comprehensive cancer centers. Results will be published in scientific journals, presented at scientific conferences, and conveyed to a larger audience through infographics and social media outlets. Findings will inform theory, measurement, and the design and implementation of efficacious interventions aimed at optimizing both patient and partner well-being. (shrink)

Do our lives have meaning? Should we create more people? Is death bad? Should we commit suicide? Would it be better if we were immortal? Should we be optimistic or pessimistic? Life, Death, and Meaning brings together key readings, primarily by English-speaking philosophers, on such 'big questions.'.

Do our lives have meaning? Should we create more people? Is death bad? Should we commit suicide? Would it be better to be immortal? Should we be optimistic or pessimistic? Since Life, Death, and Meaning: Key Philosophical Readings on the Big Questions first appeared, David Benatar's distinctive anthology designed to introduce students to the key existential questions of philosophy has won a devoted following among users in a variety of upper-level and even introductory courses.

In "Stanley Cavell and the Limits of Appreciation," Ted Cohen restates his hatred of Richard Wagner's music. Cohen hears something "very nasty" in Wagner's music, "an element of Nazism," to borrow Thomas Mann's phrase for what Mann, too, found disturbing in Wagner.1 Whereas Mann was still able to value Wagner's music, Cohen despises listening to it. Cohen realizes that his revulsion sets him apart not only from Mann but also from W. H. Auden, who praised Wagner's "consummate skill" in creating (...) heroes and heroines who exhibit the irrationality and self-destructiveness of human nature "in all its formidable enchantment."2 Cohen notes how another eminent listener, Arturo Toscanini, also thought Wagner's music worth... (shrink)

Machine learning algorithms pervade contemporary society. They are integral to social institutions, inform processes of governance, and animate the mundane technologies of daily life. Consistently, the outcomes of machine learning reflect, reproduce, and amplify structural inequalities. The field of fair machine learning has emerged in response, developing mathematical techniques that increase fairness based on anti-classification, classification parity, and calibration standards. In practice, these computational correctives invariably fall short, operating from an algorithmic idealism that does not, and cannot, address systemic, Intersectional (...) stratifications. Taking present fair machine learning methods as our point of departure, we suggest instead the notion and practice of algorithmic reparation. Rooted in theories of Intersectionality, reparative algorithms name, unmask, and undo allocative and representational harms as they materialize in sociotechnical form. We propose algorithmic reparation as a foundation for building, evaluating, adjusting, and when necessary, omitting and eradicating machine learning systems. (shrink)

The method of reflective equilibrium (MRE) is a method of justification popularized by John Rawls and further developed by Norman Daniels, Michael DePaul, Folke Tersman, and Catherine Z. Elgin, among others. The basic idea is that epistemic agents have justified beliefs if they have succeeded in forming their beliefs into a harmonious system of beliefs which they reflectively judge to be the most plausible. Despite the common reference to MRE as a method, its mechanisms or rules are typically expressed (...) in a metaphorical or simplified manner and are therefore criticized as too vague. Recent efforts to counter this criticism have been directed towards the attempt to provide formal explications of MRE. This paper aims to supplement these efforts by providing an informal working definition of MRE. This approach challenges the view that MRE can adequately be characterized only in the negative as a set of anti-essentialisms. I argue that epistemic agents follow MRE iff they follow four interconnected rules, which are concerned with a minimalistic form of foundationalism, a minimalistic form of fallibilism, a moderate form of holism, and a minimalistic form of rationality. In the critical spirit of MRE, the corresponding working definition is, of course, provisional and revisable. In general, the aim is to contribute to a reflective equilibrium (RE) concerning MRE. If it is successful, this working definition provides a better grasp of the most basic elements of the method and thereby enhances our understanding of it. (shrink)

The psychosocial morbidity associated with HIV infection and responses to such infection may exceed morbidity associated with medical sequelae of such infection. This paper argues that negative judgements on those with HIV infection or in groups associated with such infection will cause avoidable psychological and social distress. Moral judgements made regarding HIV infection may also harm the common good by promoting conditions which may increase the spread of HIV infection. This paper examines these two lines of argument with regard to (...) the ethical aspects of psychological bases of health care, clinical contact, public perceptions of AIDS and the comparative perspective. It is concluded that the psychosocial aspects of HIV infection impose ethical psychological, as well as medical, obligations to reduce harm and prevent the spread of infection. (shrink)

This book explains how the _Cratylus_, Plato’s apparently meandering and comical dialogue on the correctness of names, makes serious philosophical progress by its notorious etymological digressions. While still a wild ride through a Heraclitean flood of etymologies which threatens to swamp language altogether, the _Cratylus_ emerges as an astonishingly organized evaluation of the power of words.

Examines political philosophies of the classic theorists as a means to understand international dilemmas in the post-Cold War world.

Proposals for a universal basic income have reemerged in public discourse for a variety of reasons. Marx’s critique of exploitation suggests two apparently opposed positions on a basic income. On the one hand, a basic income funded from taxes on labor would appear to be exploitative of workers. On the other hand, a basic income liberates everyone from the vulnerable condition in which one is forced to sell one’s labor in order to survive, and so seems to be one way (...) of abolishing exploitation at its root. This paper will develop a conception of exploitation that resolves the conflict in favor of basic income. The conception of exploitation is grounded in a liberal egalitarian conception of justice rather than in Marx’s labor theory of value or an exclusive focus on the worker-capitalist relation. This position is not premised on an acceptance of the basic institutions of capitalism, but rather is a standpoint from which to evaluate them. It is not necessary to downsize our ideas of freedom and equality. But it is less obvious than it appeared in classic Marxist formulations that socialism is necessary for social justice. To quote the title of a famous article, there could be a ‘capitalist road to communism’, if a substantial basic income is feasible in a capitalist society. (shrink)

Deliberate contextual vocabulary acquisition (CVA) is a reader’s ability to figure out a (not the) meaning for an unknown word from its “context”, without external sources of help such as dictionaries or people. The appropriate context for such CVA is the “belief-revised integration” of the reader’s prior knowledge with the reader’s “internalization” of the text. We discuss unwarranted assumptions behind some classic objections to CVA, and present and defend a computational theory of CVA that we have adapted to a new (...) classroom curriculum designed to help students use CVA to improve their reading comprehension. (shrink)

The laboratory animal environment: room for concern.

This paper examines the critical role that organizational leaders play in establishing a values based climate. We discuss seven mechanisms by which leaders convey the importance of ethical values to members, and establish the expectations regarding ethical conduct that become engrained in the organizations climate. We also suggest that leaders at different organizational levels rely on different mechanisms to transmit values and expectations. These mechanisms then influence members practices and expectations, further increase the salience of ethical values and result in (...) the shared perceptions that form the organizations climate. The paper is organized in three parts. Part onebegins with a brief discussion of climates regarding ethics and the critical role of values. Part two provides discussion on the mechanisms by which leaders and members transmit values and create climates related to ethics. Part three provides a discussion of these concepts with implications for theory, research, and practice. (shrink)

The Politics of the Texbook analyzes the factors that shape production, distribution and reception of school texts through original essays which emphasize the double-edged quality of textbooks. Textbooks are viewed as systems of moral regulation in the struggle of powerful groups to build political and cultural accord. They are also regarded as the site of popular resistance around discloding the interest underlying schoolknowledge and incorporating alternative traditions.

Clustered regularly interspaced short palindromic repeats genome editing has already reinvented the direction of genetic and stem cell research. For more complex diseases it allows scientists to simultaneously create multiple genetic changes to a single cell. Technologies for correcting multiple mutations in an in vivo system are already in development. On the surface, the advent and use of gene editing technologies is a powerful tool to reduce human suffering by eradicating complex disease that has a genetic etiology. Gene drives are (...) CRISPR mediated alterations to genes that allow them to be passed on to subsequent populations at rates that approach one hundred per cent transmission. Therefore, from an anticipatory biomedical ethics perspective, it is possible to conceive gene drive being used with CRISPR to permanently ameliorate aberrant genes from wild-type populations containing mutations. However, there are also a number of possible side effects that could develop as the result of combining gene editing and gene drive technologies in an effort to eradicate complex diseases. In this paper, we critically analyse the hypothesis that the combination of CRISPR and gene drive will have a deleterious effect on human populations from an ethical perspective by developing an anticipatory ethical analysis of the implications for the use of CRISPR together with gene drive in humans. (shrink)

This paper sets out to account for conflicting interpretations of Rawls’ theory of justice by Marxian critics, by uncovering an unresolved contradiction in the theory between individualist and communitarian values. The contradiction comes to light particularly in the more egalitarian interpretation of Rawls, and can only be overcome by incorporating a fuller theory of the good than that with which Rawls has provided us. It may not be possible to do this without giving up the claim that the theory of (...) justice articulates the considered judgments of all thoughtful persons in our society, irrespective of class or ideology. (shrink)

This paper sets out to account for conflicting interpretations of Rawls’ theory of justice by Marxian critics, by uncovering an unresolved contradiction in the theory between individualist and communitarian values. The contradiction comes to light particularly in the more egalitarian interpretation of Rawls, and can only be overcome by incorporating a fuller theory of the good than that with which Rawls has provided us. It may not be possible to do this without giving up the claim that the theory of (...) justice articulates the considered judgments of all thoughtful persons in our society, irrespective of class or ideology. (shrink)

This paper focuses on the boundaries of political sovereignty, one key aspect of global political justice and an important background condition to the issues of global economic justice treated in the other papers of this volume. I first present an interpretive summary of the traditional arguments against and for intervention, stressing, to a greater extent than is usual, the consequentialist character of the ethics of intervention. It makes a difference whether we think that an intervention will do more good than (...) harm, and some of the factors that determine the outcome are matters of strategy and institutional choice. I then explore the significance of a key factor that makes for much of what is new in the new interventionism: the role of multilateral and particularly U.N. authorization and implementation. I argue that the more salient role of the United Nations should lead us to a more expansive tolerance of international intervention and that global standards of justice, both political and economic, can therefore be more widely enforced against claims to national autonomy. (shrink)

Much of the focus of programs designed to promote responsible conduct in research has traditionally been on the high crimes of fabrication, falsification, and plagiarism. We believe that equally deserving of our attention are the misdemeanors that also can occur. Viewed as individual events, these “little murders” are far less serious. Yet, we believe that in the aggregate they can do great harm, not the least because they can set the stage for far greater crimes.

Provides a philosophical analysis of the numerous and distinct conceptions of parenthood. This work considers such issues as the nature and justification of parental rights, the sources of parental obligations, the value of autonomy, and the moral obligations and tensions present within interpersonal relationships.