This selection of the major works of constitutional theory during the Weimar period reflects the reactions of legal scholars to a state in permanent crisis, a society in which all bets were off. Yet the Weimar Republic's brief experiment in constitutionalism laid the groundwork for the postwar Federal Republic, and today its lessons can be of use to states throughout the world. Weimar legal theory is a key to understanding the experience of nations turning from traditional, religious, or command-and-control forms (...) of legitimation to the rule of law. Only two of these authors, Hans Kelsen and Carl Schmitt, have been published to any extent in English, but they and the others whose writings are translated here played key roles in the political and constitutional struggles of the Weimar Republic. Critical introductions to all the theorists and commentaries on their works have been provided by experts from Austria, Canada, Germany, and the United States. In their general introduction, the editors place the Weimar debate in the context of the history and politics of the Weimar Republic and the struggle for constitutionalism in Germany. This critical scrutiny of the Weimar jurisprudence of crisis offers an invaluable overview of the perils and promise of constitutional development in states that lack an entrenched tradition of constitutionalism. (shrink)

As an effect of the recent economic and financial crisis in the USA, a vast number of people have suddenly lost their jobs and income and often also their home. Many of them still live in their cars or even just in the streets. In spring 2007, the young.

Guilt and forgiveness, with their attendant philosophical and religious ramifications, permeate writing on the Holocaust and can also be related to South Africa’s recent history and present situation. Two controversial and provocative books (both possibly autobiographical) which tackle the question of guilt and forgiveness head on are Simon Wiesenthal’s The Sunflower and Bernhard Schlink’s The Reader, both of which have led to much debate. The central event in both texts is the slaughter of innocents, burned to death in (...) a building during World War II, while the perpetrators (an SS officer who tells his story in The Sunflower and a concentration camp warder who refuses to tell hers in The Reader) either kill those trying to escape or totally ignore the screams of the victims. The reader has to decide whether it is plausible that years later these murderers feel genuine guilt and, if so, whether they should be forgiven – and by whom. The Reader can be seen as the obverse of The Sunflower. The two should be read in conjunction for an intriguing view of the human psyche, the dichotomy in the soul of a person preceding and succeeding his/her horrific deeds, and the questions arising of whether death can be faced by the wicked with a clear conscience, whether the fear of meeting one’s Maker engenders belated remorse, whether one changes if found out, and whether ignorance of mind betokens evil of soul which can be overcome with learning and insight. (shrink)

A number of attempts have been made to conceptualise legal reasoning along falsificationist lines. This paper criticises a recent one by Bernhard Schlink. After familiarising the reader with falsificationism, I argue that falsificationism is premised on an epistemological asymmetry between singular observation statements and universal hypotheses, and that absent such an asymmetry in the context of statutory interpretation, framing jurisprudence in falsificationist terms is unwarranted and misleading. To get off the ground, legal falsificationism would need to combine with (...) some kind of broadly intuitionist moral cognitivism, but even then, it would still misrepresent what is going on in legal reasoning. The arguments in this paper apply mutatis mutandis to all falsificationist theories of legal and ethical reasoning. I point to some by Albert, Canaris and Larenz. (shrink)

This section welcomes submissions addressing literature as a means to explore ethical issues arising in healthcare. “Literature” will be understood broadly, including fiction and creative nonfiction, illness narratives, drama, and poetry; film studies might be considered if the films are adaptations from a literary work. Topics include in-depth analysis of literary works as well as theoretical contributions, discussions, and commentary about narrative approaches to disease and medicine, the way literature shapes the relationship between patients and healthcare professionals, the role of (...) speculative fiction as a testing ground for future scenarios in healthcare, and so on. Articles discussing the uses of literature for bioethics education and outreach will be particularly appreciated. Research on literature not originally written in English will be considered as long as it has also been published in translation. Submissions should include an abstract and should conform to theCQGuidelines for Contributors. To submit an article or discuss a suitable topic, write to Antonio Casado da Rocha [email protected].:This article proposes a concept of narrative autonomy to supplement existing accounts in healthcare ethics. This is done by means of a comparison between three end-of-life scenarios: Tolstoy’sThe Death of Ivan Ilyichand two related contemporary stories by Lorrie Moore and Bernhard Schlink, which explore some problems arising when extremely individualistic notions of patient autonomy are put into practice. It is argued that the best model for palliative care is a cooperative one in which patient autonomy is understood as essentially social, and that involves decisional, executive, informational, and narrative dimensions. (shrink)

Die anhaltende Popularität von juristisch geprägter Literatur zeigt, dass das Ringen um die Gerechtigkeit im Recht ein brisantes Thema ist, das gesellschaftliche Aufmerksamkeit auf sich zieht, provoziert und immer wieder neu zum Nachdenken herausfordert. Zeitgenössisch sind es Autor*innen wie Juli Zeh, Bernhard Schlink, Georg Oswald oder Ferdinand von Schirach (sogenannte Dichterjurist*innen 1 ), die die Frage nach Recht und Gerechtigkeit literarisch verbinden und deren Problemkontexte beleuchten. Juli Zeh lässt ihrem Roman Spieltrieb die Erzählerinstanz sprechen: „Das Recht ist kein (...) Kreißsaal für die Gerechtigkeit […]“ (2013, 518). Auch Ferdinand von Schirach bemüht sich herauszustellen, dass für ihn Recht nicht gleich Gerechtigkeit bedeutet. Als Strafverteidiger sagt er über die Justiz: „[W]ir sprechen […] nicht Gerechtigkeit, sondern Recht“ (Heise 2009).3 In seinen Bestsellern (angefangen von z. B. Der Fall Collini über Terror bis zu seinem neusten Stück Gott) provoziert er das Gerechtigkeitsempfinden seiner Leser*innen und lässt sie am Ende gerne selbst das Urteil fällen. In Terror (2016) soll das Publikum als Jury selbst entscheiden, ob der Kampfpilot das entführte Passagierflugzeug, das auf ein voll besetztes Fußballstadion zugesteuert ist, hätte abschießen dürfen. Hier geraten u. a. die Gewissensentscheidung des Piloten und die Rechtsgrundlage in einen Konflikt. Nicht selten macht er den Leser*innen das Recht schwer erträglich, wenn er z. B. wie im Erzählband Schuld (2017) auf brutale Weise beschreibt, wie eine minderjährige Kellnerin auf einem Volksfest von einer Gruppe von Männern vergewaltigt wird, aber aus Beweismangel letztendlich keiner dieser Männer schuldig gesprochen werden kann. In der Literatur werden vielfältige Zugänge zum Verhältnis von Recht und Gerechtigkeit eröffnet – wie kann sich die christliche Sozialethik positionieren? (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 27.1 (2003) 1-20 [Access article in PDF] Crime, Compassion, and The Reader John E. MacKinnon IN "WRITING AFTER AUSCHWITZ," Günter Grass describes how at the age of seventeen he stubbornly refused to believe the evidence arrayed before him and his classmates of Nazi atrocities, the photographs showing piles of eyeglasses, shoes, hair, and bones. "Germans never could have done, never did do a thing like that," (...) he recalls thinking. And "when the Never collapsed," he and other young Germans were assured that they were free of responsibility. "It took several more years," Grass reports, "before I began to realize: This will not go away; our shame cannot be repressed or come to terms with." Later, he confesses that those of his age "belonged to the Auschwitz generation—not as criminals, to be sure, but in the camp of the criminals." 1Although one would be hard-pressed to find a novel more dramatically different in style and narrative development than Grass's own dark, audacious fables, Bernhard Schlink's The Reader 2 nonetheless shares this fascination with the notion of collective guilt, in particular the burden of inheritance endured by Germany's "second generation." Set in a university town in the late 1950s, the novel tells the story of a high school student, Michael Berg, who falls in love with Hanna Schmitz, a woman twenty years his senior. Though capable of genuine concern and deep affection, Hanna is oddly secretive, often brusque and officious, occasionally given to cruelty and sarcasm, and prone to unpredictable fits of pique. She also has an endearing quirk: she likes Michael to read to her. Eventually, and without explanation, she vanishes from Michael's life. It is seven years before he sees her again, when, as a law student, he attends a trial of concentration-camp guards, one of whom is Hanna. She stands accused, along with four other [End Page 1] women, of serving at both Auschwitz and a satellite camp near Cracow, of being actively involved in the selection of prisoners for almost certain death, and of locking several hundred women in a church, where they burned to death during a bombing raid.In light of testimony given at trial, Hanna's puzzling conduct, and his own recollections of their time together, it finally dawns on Michael that Hanna cannot read, that she was and remains illiterate. But while in retrospect this may explain certain episodes of frustration, incomprehension, and overreaction on her part, does it have any bearing on her guilt? What would Michael himself have done if similarly situated, and similarly limited? Thus, the story of Michael and Hanna serves as an allegory of the relation between the two generations of Germans, those who were Nazis, or who at least assisted or accommodated them, and the "lucky late-born." It is against this background that Schlink is able most searchingly to investigate questions of complicity, recrimination, and atonement.As much courtroom drama as rite-of-passage tale, The Reader is also something of a philosophical investigation. According to Eva Hoffman, in fact, Schlink has managed to compose "a fictionalized essay... a kind of philosophical parable." For all the briskly evocative prose, she adds, The Reader "gradually acquires some of the severity of a legal or logical argument, in which propositions are set forth and then tested from various points of view." 3 In a recent article, Jeremiah P. Conway offers a sympathetic interpretation of the novel, attending in particular to the philosophical issues that it raises. Conway challenges Martha Nussbaum's claim that it is logically incoherent for us to feel compassion for one whom we hold responsible for a morally reprehensible act. 4 For in Hanna, he suggests, we have a compelling counterexample, a fit object of our compassion no less than our condemnation. And yet, Conway's challenge is grounded in an even more fundamental denial that The Reader is at all concerned to establish the circumstances of Hanna's life as mitigating her crime.In what follows, I will argue that this interpretation is untenable... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 27.1 (2003) 1-20 [Access article in PDF] Crime, Compassion, and The Reader John E. MacKinnon IN "WRITING AFTER AUSCHWITZ," Günter Grass describes how at the age of seventeen he stubbornly refused to believe the evidence arrayed before him and his classmates of Nazi atrocities, the photographs showing piles of eyeglasses, shoes, hair, and bones. "Germans never could have done, never did do a thing like that," (...) he recalls thinking. And "when the Never collapsed," he and other young Germans were assured that they were free of responsibility. "It took several more years," Grass reports, "before I began to realize: This will not go away; our shame cannot be repressed or come to terms with." Later, he confesses that those of his age "belonged to the Auschwitz generation—not as criminals, to be sure, but in the camp of the criminals." 1Although one would be hard-pressed to find a novel more dramatically different in style and narrative development than Grass's own dark, audacious fables, Bernhard Schlink's The Reader 2 nonetheless shares this fascination with the notion of collective guilt, in particular the burden of inheritance endured by Germany's "second generation." Set in a university town in the late 1950s, the novel tells the story of a high school student, Michael Berg, who falls in love with Hanna Schmitz, a woman twenty years his senior. Though capable of genuine concern and deep affection, Hanna is oddly secretive, often brusque and officious, occasionally given to cruelty and sarcasm, and prone to unpredictable fits of pique. She also has an endearing quirk: she likes Michael to read to her. Eventually, and without explanation, she vanishes from Michael's life. It is seven years before he sees her again, when, as a law student, he attends a trial of concentration-camp guards, one of whom is Hanna. She stands accused, along with four other [End Page 1] women, of serving at both Auschwitz and a satellite camp near Cracow, of being actively involved in the selection of prisoners for almost certain death, and of locking several hundred women in a church, where they burned to death during a bombing raid.In light of testimony given at trial, Hanna's puzzling conduct, and his own recollections of their time together, it finally dawns on Michael that Hanna cannot read, that she was and remains illiterate. But while in retrospect this may explain certain episodes of frustration, incomprehension, and overreaction on her part, does it have any bearing on her guilt? What would Michael himself have done if similarly situated, and similarly limited? Thus, the story of Michael and Hanna serves as an allegory of the relation between the two generations of Germans, those who were Nazis, or who at least assisted or accommodated them, and the "lucky late-born." It is against this background that Schlink is able most searchingly to investigate questions of complicity, recrimination, and atonement.As much courtroom drama as rite-of-passage tale, The Reader is also something of a philosophical investigation. According to Eva Hoffman, in fact, Schlink has managed to compose "a fictionalized essay... a kind of philosophical parable." For all the briskly evocative prose, she adds, The Reader "gradually acquires some of the severity of a legal or logical argument, in which propositions are set forth and then tested from various points of view." 3 In a recent article, Jeremiah P. Conway offers a sympathetic interpretation of the novel, attending in particular to the philosophical issues that it raises. Conway challenges Martha Nussbaum's claim that it is logically incoherent for us to feel compassion for one whom we hold responsible for a morally reprehensible act. 4 For in Hanna, he suggests, we have a compelling counterexample, a fit object of our compassion no less than our condemnation. And yet, Conway's challenge is grounded in an even more fundamental denial that The Reader is at all concerned to establish the circumstances of Hanna's life as mitigating her crime.In what follows, I will argue that this interpretation is untenable... (shrink)

Solidarity is a complex theoretical and historical investigation of one of the most dynamic social movements in post-World War II Europe. For some time now, Touraine has attempted to develop a comprehensive theory of social movements. In Solidarity, he and fellow researchers François Dubet, Michel Wieviorka, and Jan Strezelecki, apply the theories of action, movement and sociological intervention elaborated in The Voice and The Eye to the situation in Poland 1980-1. Solidarity is one of many attempts by Touraine to combine (...) a comprehensive theory of social change and action with the history of a contemporary social movement. Here Touraine et al. attempt to explain “the nature, internal workings and the evolution of Solidarity.”. (shrink)

What were the causes and consequences of the revolutions of 1989 in Eastern and Central Europe? The causes lie in the exhaustion of the model of Soviet-type economic organization, the failure of reform efforts in the USSR, and the persistence of opposition to Soviet-type rule in Central Europe. The ramifications of the events are examined through the prism of three questions: how do they change our evaluation of the past?; what was the significance of 1989 as a moment in time?; (...) and how have they shaped the present? (shrink)

Nach Orientierung fragt man erst, wenn man sie verloren hat. Kant hat das Bedürfnis nach Orientierung sowohl in den unscheinbarsten Regungen des Alltags wie in den großen Fragen des Glaubens aufgespürt. Die Idee zu einer Philosophie der Orientierung findet sich bereits in seinen vorkritischen Schriften. Kant hat sie jedoch erst anläßlich des Pantheismusstreits zwischen Mendelssohn und Jacobi expliziert, als seine Vernunftkritik ihren Kredit unter den Zeitgenossen und bei der preußischen Obrigkeit zu verlieren drohte. Insbesondere die These einer Leiblichkeit der Orientierung (...) verbindet Kants Position mit der phänomenologischen Tradition bei Cassirer, Merleau-Ponty und Plessner. Welches Potenzial in Kants Naturgeschichte und Phänomenologie der Orientierung steckt, zeigt die vorliegende Untersuchung, indem sie einen weiten Bogen von der Genealogie des Orientierungsdiskurses im 18. Jahrhundert zur diskursiven Praxis der Vernunft in der Gegenwart spannt. (shrink)

This chapter covers the traditional role of responsibility, and the possible connections between response and responsibility. These connections are explored through the advance of trust and the surplus of the extraordinary in relation to the Third Party. The idea of responsibility comes from the sphere of juridical law, and has a theological touch. The classical conception presented suffers from a permanent erosion that is reinforced by systemic constraints. Trust is a natural element of every community that is together applied by (...) common aims in life. The phenomenon of trust refers to the bond, the nexus, which holds together the members of a community, creating the requisite solidarity. The term ‘trust’ or ‘confidence’ should not primarily read as a substantive, but as a verb or as the derivative of a verb. Furthermore, it is noted that the responsive ethics proposed could function as a permanent corrective. (shrink)

Name der Zeitschrift: Deutsche Zeitschrift für Philosophie Jahrgang: 65 Heft: 1 Seiten: 89-105.