This article is concerned with the role of experientia in medieval law. This could take a number of forms, three of which are treated by way of example. In the first part of the essay, the author discusses how experience first came to serve as a source for the creation and legitimisation of new law since Late Antiquity. Henceforth, it became an important principle within Canon Law that served not only to create legal regulations supplementary to traditional law but also (...) to overwrite and replace it. The second part of the essay is concerned with the role of expert reports (consilia) by men learned in the ius commune which were requested to help rule cases under local law. Being dispersed in collections after their use in court, consilia made a significant impact on common and local law. In the final section the author discusses the use of expert witnesses (from areas as diverse as medicine, agriculture, the arts and crafts etc.). Expert opinions were recognised by court as high-value evidence. (shrink)

Die Kategorie des Heiligen schlieat - im Anschluss an Rudolf Otto - sowohl faszinierende als auch erschreckende Seiten des Numinosen ein. Mit der uberraschenden Wiederkehr der Religionen ins private und offentliche Leben, die sich vielfach in Konflikten ereignet und zunehmend durch religios motivierte Gewalt Bahn bricht, wird es immer wichtiger, sich dem Heiligen in den Religionen neu zu widmen. Der vorliegende Band diskutiert diese Kategorie deshalb in phanomenologischer und interkultureller Perspektive und zeigt auf, wie sie in religionswissenschaftlichen, theologischen und philosophischen (...) Kontexten anschlussfahig an aktuelle gesellschaftliche Debatten ist. Mit Beitragen von Roderich Barth, Gertrude Deninger-Polzer, Johann Figl, Wolfgang Gantke, Adelheid Herrmann-Pfandt, Manfred Hutter, Hans Kessler, Markus Luber, Jurgen Mohn, Thomas M. Schmidt, Perry Schmidt- Leukel, Michael Stausberg, Bernd Trocholepczy, Udo Tworuschka, Hans Waldenfels, Edmund Weber, Knut Wenzel, Hamid Reza Yousefi. (shrink)

Wolfgang Welsch examines global aestheticization phenomena, probes the relationship of aesthetics and ethics, and considers the broad relevance of aesthetics for contemporary thinking. He argues that modes of thought familiar from the aesthetic realm comprise fundamental paradigms for understanding todayÆs reality. The implications for specific and everyday issues are demonstrated in studies of architecture, advertising, the Internet, and our perception of the life world. Surgically precise, innovative, and, above all, relevant, this book is an essential resource, providing the analysis (...) of contemporary culture with philosophical bite. Aesthetics is to transcend itself, address the whole realm of aethesis, and hence enable orientation in the contemporary condition. Undoing aesthetics means releasing it from old cultural binds and giving it new ties with the future. (shrink)

We argue that Wittgenstein’s philosophical perspective on Gödel’s most famous theorem is even more radical than has commonly been assumed. Wittgenstein shows in detail that there is no way that the Gödelian construct of a string of signs could be assigned a useful function within (ordinary) mathematics. — The focus is on Appendix III to Part I of Remarks on the Foundations of Mathematics. The present reading highlights the exceptional importance of this particular set of remarks and, more specifically, emphasises (...) its refined composition and rigorous internal structure. (shrink)

This paper defends moral realism against Sharon Street’s “Darwinian Dilemma for Realist Theories of Value” (this journal, 2006). I argue by separation of cases: From the assumption that a certain normative claim is true, I argue that the first horn of the dilemma is tenable for realists. Then, from the assumption that the same normative claim is false, I argue that the second horn is tenable. Either way, then, the Darwinian dilemma does not add anything to realists’ epistemic worries.

The target article fails to disentangle the functional description from the structural description of the two somatosensory streams. Additional evidence and thorough reconsideration of the evidence cited argue for a functional distinction between the how processing and the what processing of somatosensory information, while questioning the validity and usefulness of the equation of these two types of processing with structural streams. We propose going one step further: to investigate how the distinct functional streams are coordinated via attention.

This book is about the interrelationship between nature, semiosis, metarepresentation and (self-)consciousness, and the role played by metarepresentation in ...

Researchers sometimes engage in various forms of dishonesty and unethical behavior, which has led to regulatory efforts to ensure that they work according to acceptable standards. Such regulation is a difficult task, as research is a diverse and dynamic endeavor. Researchers can disagree about what counts as good and acceptable standards, and these standards are constantly developing. This paper presents and discusses recent changes in research integrity and ethics regulation in Norway, Denmark, and Sweden. Recognizing that research norms are developed (...) through practice and are therefore unsuited for comprehensive national regulation, the Scandinavian countries focus on empowering the research community to regulate itself instead, except for the most severe cases of misconduct. This empowerment takes the form of giving research institutions tools and investigatory powers while also holding them responsible for ensuring that both the institution and individual researchers are up to date on relevant norms. In this way, the Scandinavian governments seek to avoid some of the challenges found in more legalistic approaches, which risk lagging behind the continuous development of research norms and can be insensitive to the fact that different disciplines have different norms. While the new approach in Scandinavian has several potential benefits, it also involves potential trade-offs and limitations. The new laws can create confusion about what researchers are allowed to do. Another issue is that it only addresses the fundamental drivers of misconduct to a limited extent. (shrink)

In Norway, research ethics committees in medicine are organized as interdisciplinary regional committees. Since 1999, Norway requires that one member of each ethics committee be a psychologist. Competence in psychology is considered relevant not only when evaluating psychology projects. As discussed in this article, a competence in psychology is also relevant for evaluating a number of issues common to all research involving human subjects as well as in the evaluation of protocols where other professionals have employed psychological methodologies.

Contrary to popular opinion, non-natural realism can explain both why normative properties supervene on descriptive properties, and why this pattern is analytic. The explanation proceeds by positing a subtle polysemy in normative predicates like “good”. Such predicates express slightly different senses when they are applied to particulars (like Florence Nightingale) and to kinds (like altruism). The former sense, “goodPAR”, can be defined in terms of the latter, “goodKIN”, as follows: x is goodPAR iff there is a kind K such that (...) x is a token of K, and K is goodKIN. Now if x and y are descriptively exactly similar, then they are tokens of exactly the same kinds, so x is a token of a goodKIN kind if and only if y is. Therefore, by the definition, x is goodPAR if and only if y is. Supervenience just falls out of the definition of “goodPAR”. (shrink)

The article defends a mild form of pessimism about moral deference, by arguing that deference is incompatible with authentic interaction, that is, acting in a way that communicates our own normative judgment. The point of such interaction is ultimately that it allows us to get to know and engage one another. This vindication of our intuitive resistance to moral deference is upheld, in a certain range of cases, against David Enoch’s recent objection to views that motivate pessimism by appealing to (...) moral autonomy or understanding. Enoch is right to point out that the value of autonomy or understanding cannot provide reason not to defer, if deferring would reduce the risk of treating others wrongly. But in the kind of case where we would want other people to act authentically towards us, even at the cost of a greater risk of wrongdoing, we should do the same towards them. (shrink)

Name der Zeitschrift: Neue Zeitschrift für Systematische Theologie und Religionsphilosophie Jahrgang: 60 Heft: 1 Seiten: 44-57.

Fora human being, intimacy is relevant for bis self-conception, bis relationships with others, with material objects and with god. Intimacy proves its glamour and its susceptibility to trouble in these four perceptional areas. The essay covers positive and negative aspects of some changes in perceptions of intimacy that result from social change and the introduction of new technologies. Theological ethics serves to limit and protect intimacy. At the same time, theological ethics has to emphasise and to substantiate the meaning of (...) christian commandment of love beyond the human close-up range. (shrink)

Nach Auschwitz -- Vom Sich-Zeigen und Sich-Entziehen des Bösen -- Indikatoren der Wirksamkeit des Bösen und Fokussierung des Gemeinen -- Zur Epigenese des Bösen -- Zum Aufbau der Untersuchung -- Provokationen: Epigenese, Banalität und Attraktivität des Bösen -- Systematisierungen: Zur Erkenntnis und Hermeneutik des Bösen -- Typologien: Theologisches Denken des Bösen -- Schlussbetrachtung: Dialektik und Epigenese des Bösen.

The book demonstrates for the first time that transculturality – the mixed constitution of cultures – is by no means only a characteristic of the present, but has de facto determined the composition of cultures since time immemorial. This is demonstated using examples from the arts across all cultures and continents.

On the traditional approach to metaethics, theories are expected to be faithful to ordinary normative discourse – or at worst (if we think the ordinary discourse is metaphysically unsound) to deviate from it as little as possible. -/- This paper develops an alternative, “conceptual engineering” approach to metaethical enquiry, which is not in this way restricted by our present discourse. On this approach, we will seek to understand the psychology, semantics, metaphysics and epistemology, not just of our present concepts, but (...) also of other possible normative concepts. The ultimate point of the enquiry is to choose between the available alternatives: to decide what kinds of normative concepts to use, going forward. -/- The paper aims to make this suggestion precise, in a way that a) answers worries about circularity, b) answers worries about “changing the subject”, c) retains metaethics as a truth-seeking enquiry, and d) leads to an independently plausible methodology. (shrink)

Based on the stratified ontology of critical realism, this paper identifies four decisive, lasting diachronic and synchronic deep structures in a traditional European seafood value chain and seafood market. Realist philosophy constitutes a platform from which to explore strategies and possible new mechanisms to overcome export barriers that Norwegian producers face, and to adjust the current causal deep structures in the value chain for salted cod between Norway and Spain. The paper is based on a thorough empirical study that investigates (...) possible strategies by which Norwegian producers can create an interaction between production knowledge and market knowledge in order to sell products at a reasonable profit. This paper is an example of how research projects can be ontologically and methodologically based on critical realism, and how critical realism can support the search for an emancipatory strategy for a resource periphery. (shrink)

This article seeks to cause trouble for a brand of consequentialism known as ‘desertarianism’. In somewhat different ways, views of this kind evaluate outcomes more favourably, other things equal, the better the fit between the welfare different people enjoy and the welfare they each deserve. These views imply that we can improve outcomes by redistributing welfare to fit desert, which seems plausible enough. Unfortunately, they also imply that we can improve outcomes by redistributing desert to fit welfare: in other words, (...) by making happy people more deserving, at the cost of making unhappy people less deserving. Extant versions of desertarianism predict that such ‘deservingness transfers’ are improvements and that we ought to carry them out. Even worse, they will sometimes rank deservingness transfers higher than simply benefitting deserving people who are poorly off. (shrink)

From a tradition of discourse ethics, human dignity can be defined as “being an equal member in the realm of subjects and authorities of justification.” Additionally, “to act with dignity means being able to justify oneself to others; to be treated in accordance with this dignity means being respected as such an equal member.” Conversely, “to treat others in ways that violate their dignity means regarding them as lacking any justification authority”. The guidelines found in Habermas’s “ideal speech situation” are (...) essential to guarantee this notion of human dignity. Based on aspects of Habermas’s, as well as Rainer Forst’s theory of justice, this study analyzes efforts made by the late speaker of Deutsche Bank, Dr. Alfred Herrhausen, and the former CEO of Alcoa and United States Secretary of the Treasury, Paul H. O’Neill, to challenge the way debt crises in the developing world were handled. Both leaders understood indebted countries, the livelihoods and dignity of its citizens, not as an external entity but as an integral part of their agendas. The two agents included underrepresented groups in their considerations and discussions through a proxy or surrogate participation, giving them a greater voice and acknowledging their dignity. (shrink)