Es ist heute eine allgemein anerkannte These, dass in der Rechtsphilosophie nicht nur die Geschichte, sondern auch die Geschichtlichkeit berucksichtigt werden muss. Diese Arbeit geht einen Schritt weiter: sie versucht, die Geschichtlichkeit in die Rechtstheorie einzubeziehen. Nicht nur das Anwendungsfeld der Rechtsprinzipien, die sog. Rechtsmaterie, ist geschichtlich, auch die Rechtsprinzipien selber mussen als geschichtlich betrachtet werden. Anhand einiger konkreter Falle wird der Ansatz zu diesem neuen Rechtsverstandnis verdeutlicht.

The present paper examines the relationship between explicit and implicit memory and ultimate attainment in the native language. Two groups of native speakers of English with different levels of academic attainment (i.e., high vs. low) took part in three language tasks which assessed grammar, vocabulary and collocational knowledge, as well as phonological short-term memory (assessed using a forward digit-span task), explicit associative memory (assessed using a paired-associates task) and implicit memory (assessed using a deterministic serial reaction time task). Results revealed (...) strong relationships between phonological short-term memory and explicit associative memory on the one hand and the three language tasks on the other hand, and no relation between linguistic performance and implicit memory. Taken together, these results cast doubts on the common assumption that L1 grammar learning depends almost entirely on implicit memory and align with the claims of usage-based models of language acquisition that grammatical and lexical knowledge depend on the same cognitive mechanisms. (shrink)

This book explores the epistemic side of racial and sexual oppression. It elucidates how social insensitivities and imposed silences prevent members of different groups from listening to each other.

Prendre soin d’un parent souffrant de la maladie d’Alzheimer place l’ensemble de la famille dans des circonstances complexes et difficiles. Cet article s’emploie à comprendre comment la maladie d’Alzheimer vient convoquer l’histoire familiale, ses conflits et ses traces du négatif, perturbant à la fois les liens familiaux et l’inscription des proches dans leur rôle d’aidant. Les auteures rendent compte d’entretiens cliniques à visée de recherche menés auprès d’une fratrie de quatre sœurs confrontées à la dépendance de leur mère atteinte de (...) la maladie d’Alzheimer. À partir d’une analyse phénoménologique, elles montrent l’importance de la désorganisation des liens familiaux et la réactivation des conflits dans l’organisation concrète des aidants autour du parent malade. Les enfants confrontés à la maladie grave d’un parent doivent non seulement réaliser un travail d’acceptation de la maladie, mais aussi réélaborer l’histoire familiale ainsi réactivée. (shrink)

Establishing phonologically robust lexical representations in a second language is challenging, and even more so for words containing phones in phonological contrasts that are not part of the native language. This study presents a series of additional analyses of lexical decision data assessing the phonolexical encoding of English /ε/ and /æ/ by German learners of English in order to examine the influence of lexical frequency, phonological neighborhood density and the acoustics of the particular vowels on learners’ ability to reject nonwords (...) differing from real words in the confusable L2 phones only. Results showed that both the lexical properties of the target items and the acoustics of the critical vowels affected nonword rejection, albeit differently for items with /æ/ → [ε] and /ε/ → [æ] mispronunciations: For the former, lower lexical frequencies and higher neighborhood densities led to more accurate performance. For the latter, it was only the acoustics of the vowel that had a significant impact on learners’ accuracy. This suggests that the encoding of /ε/ and /æ/ may not only be asymmetric in that /ε/ is generally more robustly represented in the lexicon than /æ/, as previously reported, but also in the way in which this encoding takes place. Mainly, the encoding of /æ/ appears to be more dependent on the characteristics of the L2 vocabulary and on one’s experience with the L2 than that of its more dominant counterpart. (shrink)

ホセ・ヨンパルト上智大学教授が西暦2000年(平成12年)3月をもって、目出度く古稀を迎えられることになった。教授は、1968年(昭和43年)以来、30年以上にわたって上智大学で法哲学を講じてこられた ほか、慶応義塾大学、中央大学、明治大学、専修大学、その他の大学でも非常勤講師として法哲学等を教えてこられ、その教え子は極めて多数にのぼっている。その中には、既に研究者として一人立ちし、各地の大学に奉職 して立派な仕事をしておられる教え子も少なくない。そうした教え子たちによる教授の古稀祝賀論集。.

v. 1. Edad Media. 4. ed. -- v. 2. La época del Renacimiento. 2. ed. -- v. 3. El siglo del Barroco. 3. ed.

t. 1. La moral teológica y su acción en el paganismo. La moral teológica y su acción en el judaismo.--t. 2. La moral teológica y su acción en el cristianismo.

Corporate America is institutionalizing ethics through a variety of structures, systems, and processes. This study sought to identify managerial perceptions regarding the institutionalization of ethics in organizations. Eighty-six corporate level marketing and human resource managers of American multi-national corporations responded to a mail survey regarding the various implicit and explicit ways by which corporations institutionalize ethics. The results revealed that managers found ethics to be good for the bottom line of the organizations, they did not perceive the need for additional (...) formalization of ethics, and that they perceived implicit forms of institutionalizing ethics (e.g., leadership, corporate culture, top management support) to be more effective than the explicit forms of institutionalizing ethics (e.g., ethics ombudspeople, ethics committees, ethics newsletters). Implications of the survey and future research directions conclude the paper. (shrink)

Models represent their target systems in one way or another. But what does it mean for a model to represent something beyond itself? This paper details different aspects of this problem and argues that the semantic view of theories does not provide us with an adequate response to any of these.

. Introductory Remarks THEODOSIUS DOBZHANSKY The problems of reduction in biology are currently of considerable theoretical interest and practical ...

José L. Zalabardo defends a pragmatist account of what grounds the meaning of central semantic discourses--ascriptions of truth, of propositional attitudes, and of meanings. He argues that it is the procedures that regulate acceptance and rejection that give the sentences of these discourses their meanings, and explores the application of the pragmatist template to ethical discourse. The pragmatist approach is presented as an alternative to representationalist accounts of the meaning grounds of declarative sentences, according to which a sentence has the (...) meaning it has as a result of links with the bits of the world that it purports to represent. Zalabardo develops a version of the open-question argument to support the claim that the meaning grounds of the discourses he focuses on cannot receive representationalist accounts. It is generally assumed that a declarative sentence cannot perform the function of representing the world unless it has a representationalist meaning ground. Zalabardo rejects this assumption, arguing that sentences with pragmatist meaning grounds can represent the world in exactly the same sense that sentences with representationalist meaning grounds do. This requires that there are states of affairs that the target sentences represent as obtaining, and Zalabardo develops an account of the nature of the states of affairs that can play this role for sentences with pragmatist meaning grounds. Pragmatist Semantics concludes by developing the suggestion that the meaning grounds of all our representational discourses might be ultimately pragmatist. (shrink)

This paper offers an analysis of how the American criminal justice system sets unfair constraints on the epistemic agency of detained subjects and promotes unfair negative consequences on the exerc...

How precisely to understand and evaluate counterfactuals can be an intricate issue. The aim of this article is to examine a new set of difficulties for evaluating counterfactuals that arise in the context of the dynamical spacetimes described by the theory of general relativity (GR). The initial value formulation provides us with a methodology to pin down the specific combination of features of the theory at the origin of the difficulties, namely, non-linearity and certain non-local aspects (typically captured by ellipticity (...) at the analytical level), in particular when combined with the global and/or quasi-local character of physical quantities in GR. Finally, we connect the philosophical question about counterfactuals with concrete applied physical issues in GR about extracting meaningful predictions by constructing appropriate initial data sets, leading us to question the very suitability of the Cauchy approach to fully account for the explanatory power of the theory. (shrink)

Based on published works and unpublished materials, this article analyses how cybernetics was received by two Spanish thinkers exiled in Mexico: José Gaos (1900–1969) and Eduardo Nicol (1907–1990). This reception is particularly intriguing especially when considering the substantial presence and social impact that Norbert Wiener had in Mexican society because of his friendship with Arturo Rosenblueth. Gaos and Nicol are the first philosophers to develop a complex and original diagnosis of cybernetics in Mexico. It will be shown how the exiled (...) thinkers take on the philosophical implications of this science in the light of their respective theoretical projects, and finally, it will be defended how the critical perspective they develop is particularly significant for Mexico’s political and academic context since it illuminates some negative aspects of cybernetics that Wiener did not foresee and that had not been reported there until then. (shrink)

Reliabilist accounts of knowledge are widely seen as having the resources for blocking sceptical arguments, since these arguments appear to rely on assumptions about the nature of knowledge that are rendered illegitimate by reliabilist accounts. The goal of this book is to assess the main arguments against the possibility of knowledge, and its conclusions challenge this consensus. The book articulates and defends a theory of knowledge that belongs firmly in the truth-tracking tradition, and argues that although the theory has the (...) resources for blocking the main standard lines of sceptical reasoning, there is a sceptical argument against which the theory offers no defence, as it doesn’t rely on any assumptions that the theory would render illegitimate. The book ends with the suggestion that the problem might have a metaphysical solution—that although the sceptical argument may make no illegitimate epistemological assumptions, it does rest on a questionable account of the nature of cognition. (shrink)

Background The Regional Committee for Africa of the World Health Organization (WHO) in 2001 expressed concern that some health-related studies undertaken in the Region were not subjected to any form of ethics review. In 2003, the study reported in this paper was conducted to determine which Member country did not have a national research ethics committee (REC) with a view to guiding the WHO Regional Office in developing practical strategies for supporting those countries. Methods This is a descriptive study. The (...) questionnaire was prepared and sent by diplomatic pouch to all the 46 Member States in the WHO African Region, through the WHO country representatives, for facilitation and follow up. The data were entered in Excel spreadsheet and subsequently exported to STATA for analysis. A Chi-Squared test (χ 2) for independence was undertaken to test the relationship between presence/absence of Research Ethics Committee (REC) and selected individual socioeconomic and health variables. Results The main findings were as follows: the response rate was 61% (28/46); 64% (18/28) confirmed the existence of RECs; 36% (10/28) of the respondent countries did not have a REC (although 80% of them reported that they had in place an ad hoc ethical review mechanism); 85% (22/26) of the countries that responded to this question indicated that ethical approval of research proposals was, in principle, required; and although 59% of the countries that had a REC expected it to meet every month, only 44% of them reported that the REC actually met on a monthly basis. In the Chi-Squared test, only the average population in the group of countries with a REC was statistically different (at 5% level of significance) from that of the group of countries without a REC. Conclusion In the current era of globalized biomedical research, good ethics stewardship demands that every country, irrespective of its level of economic development, should have in place a functional research ethics review system in order to protect the dignity, integrity and safety of its citizens who participate in research. (shrink)

This book investigates modern global civilization, offering an alternative to post-colonial theories and the "multiple modernities" approach (as well as the civilizational theory linked to it). It argues that modernity has become a global civilization that is heterogeneous and intertwined with other civilizations, and also aims at a renewal of critical theory that is not US-centric and Eurocentric, focusing instead on China, South Asia (India) and Latin America (Brazil). Dealing with the themes of centre-periphery relations, complexity (including culture and religion), (...) democracy and emancipatory possibilities, this book is based on general theoretical ideas such as collective subjectivity, the interplay of memory and creativity, and the concept of "modernizing moves," so as to deal with historical contingency. (shrink)

Background Dynamic consent has been proposed as a process through which participants and patients can gain more control over how their data and samples, donated for biomedical research, are used, resulting in greater trust in researchers. It is also a way to respond to evolving data protection frameworks and new legislation. Others argue that the broad consent currently used in biobank research is ethically robust. Little empirical research with cohort study participants has been published. This research investigated the participants’ opinions (...) of adding a dynamic consent interface to their existing study. Methods Adult participants in the Extended Cohort for E-health, Environment and DNA longitudinal cohort study who are members of the EXCEED Public and Participant Engagement Group were recruited. Four focus groups were conducted and analysed for thematic content. Discussion topics were derived from a review of the current literature on dynamic consent. Results Participants were in favour of many aspects of a dynamic consent interface, such as being able to update their information, add additional data to their records and choose withdrawal options. They were supportive provided it was simple to use and not intrusive. Participants expressed a markedly high level of trust in the study and its investigators and were unanimously happy with their current participation. No strong support was found for adding a dynamic consent interface to EXCEED. Conclusions Trust in the study researchers was the strongest theme found. Openness and good data security were needed to retain their trust. While happy to discuss dynamic consent, participants were satisfied with the current study arrangements. There were indications that changing the study might unnecessarily disturb their trust. This raised the question of whether there are contexts where dynamic consent is more appropriate than others. This study was limited by the small number of participants who were committed to the study and biased towards it. More research is needed to fully understand the potential impact of adding a dynamic consent interface to an existing cohort study. (shrink)

In debating the ethics of immigration, philosophers have focused much of their attention on determining whether a political community ought to have the discretionary right to control immigration. They have not, however, given the same amount of consideration to determining whether there are any ethical limits on how a political community enforces its immigration policy. This article, therefore, offers a different approach to immigration justice. It presents a case against legitimate states having discretionary control over immigration by showing both how (...) ethical limits on enforcement circumscribe the options legitimate states have in determining their immigration policy and how all immigrants (including undocumented immigrants) are entitled to certain protections against a state’s enforcement apparatus. (shrink)

Offering a contemporary perspective on the theory of modernity that differentiates it from its predecessors, this reconstruction has been expanded to include a fourth instrumental aspect. In addition to the recognition of the three parts of traditional modernity—freedom, equality, and solidarity—that follow the basic ideas of the constitutional revolutions of the 18th century, this updated vision introduces responsibility. Concerning itself with what the sociology of development, risk, and ecological crisis have added to these classical ideas, the addition of the fourth (...) part, responsibility, seeks to recognize the experiences of successive eras, and the 20th century in particular. (shrink)

The concept of political obligation has not attracted much attention within Heideggerian scholarship. In this paper, we identify and explicate Heidegger’s conception of political obligation embedded in his pre-Kehre works. It will be argued that Heidegger’s magnum opus Being and Time and his address as Rector of Freiburg contain a latent associative account of political obligation. We argue that the ontological framework disclosed in Being and Time and the more concrete policy prescriptions of the Rectoral Address reveal a communitarian ethos (...) which animates the early Heideggerian canon and grounds his account of political obligation. For Heidegger, Dasein must be connected to a particular community’s ontological heritage in order to delimit its ontical possibilities in concrete situations. It will be argued that this relationship between ontological heritage and ontical possibilities is what defines political obligation for Heidegger. (shrink)

In Wittgenstein on Rules and Private Language, Saul Kripke rejects some of the most popular accounts of what meaning facts consist in on the grounds that they fail to accommodate the normative character of meaning. I argue that a widespread interpretation of Kripke's argument is incorrect. I contend that the argument does not rest on the contrast between descriptive and normative facts, but on the thought that speakers' uses of linguistic expressions have to be justified. I suggest that the line (...) of reasoning that I attribute to Kripke can be seen as putting pressure on the idea that predicate satisfaction is to be explained in terms of a relation between predicates and properties. (shrink)

How precisely to understand and evaluate counterfactuals can be an intricate issue. The aim of this article is to examine a new set of difficulties for evaluating counterfactuals that arise in the context of the dynamical spacetimes described by the theory of general relativity. The initial value formulation provides us with a methodology to pin down the specific combination of features of the theory at the origin of the difficulties, namely, non-linearity and certain non-local aspects, in particular when combined with (...) the global and/or quasi-local character of physical quantities in general relativity. Finally, we connect the philosophical question about counterfactuals with concrete applied physical issues in general relativity about extracting meaningful predictions by constructing appropriate initial data sets, leading us to question the very suitability of the Cauchy approach to fully account for the explanatory power of the theory. (shrink)