German law is commonly assumed to be strongly influenced by legal scholarship. This was certainly true in the past, and this article explores whether it is still the case today. But what is actually meant by ‘influence’ in the context of law? Who exerts it on whom, and how? These questions are analysed in the first part of the article. It is then shown, by drawing on biographical material, legislative history and case law, how legal scholarship contributes to both the (...) legislative and the judicial lawmaking process in Germany—and where it does not. Finally it is asked how the specific relationship between legal academics and lawmakers in the German legal system can be explained and whether this model can be transferred to other systems. (shrink)

This Note is intended to stand as a short supplement to the compelling article by Stefan Vogenauer entitled, ‘A Retreat from Pepper v Hart? A Reply to Lord Steyn’ published in the Journal at the end of 2005.1 In his article, Professor Vogenauer calls in question the argument advanced by Lord Steyn in his article in the Journal, entitled ‘Pepper v Hart: A Re-examination’.2 In that article, Lord Steyn called for a retreat from the decision of the (...) House of Lords in Pepper v Hart3 concerning the circumstances in which reference may be made to Hansard as an aid to statutory construction and for a reinterpretation of the decision in line with a theory that a Minister speaking in Parliament who gives an explanation of the meaning or effect of a clause in a Bill should be taken to create a binding legitimate expectation that the executive will apply the provision, once enacted, in that sense. In this Note, I express my agreement with Professor Vogenauer’s argument, and seek to support it with some additional points under three heads: (1) the proper interpretation of Pepper v Hart and its status as authority; (2) the basis in principle for adhering to that interpretation; and (3) conceptual difficulties attached to Lord Steyn’s legitimate expectation thesis. (shrink)

Towards a critical posthumanism -- Genealogy of posthumanism -- Our posthuman humanity and the multiplicity of its forms -- Posthumanism and science fiction -- Interdisciplinarity and the posthumanities -- Posthumanism, digitalization, and new media -- Posthumanity, subject, and system -- Other side of life.

Journal of Mathematical Logic, Volume 22, Issue 02, August 2022. We generically construct a model in which the [math]-separation property is true, i.e. every pair of disjoint [math]-sets can be separated by a [math]-definable set. This answers an old question from the problem list “Surrealist landscape with figures” by A. Mathias from 1968. We also construct a model in which the (lightface) [math]-separation property is true.

We show that under the assumption of the existence of the canonical inner model with one Woodin cardinal$M_1$, there is a model of$\mathsf {ZFC}$in which$\mbox {NS}_{\omega _{1}}$is$\aleph _2$-saturated and${\Delta }_{1}$-definable with$\omega _1$as a parameter which answers a question of S. D. Friedman and L. Wu. We also show that starting from an arbitrary universe with a Woodin cardinal, there is a model with$\mbox {NS}_{\omega _{1}}$saturated and${\Delta }_{1}$-definable with a ladder system$\vec {C}$and a full Suslin treeTas parameters. Both results rely on (...) a new coding technique whose presentation is the main goal of this article. (shrink)

This book evaluates the widespread preference in philosophy of mind for varieties of property dualism over other alternatives to physicalism. It takes the standard motivations for property dualism as a starting point and argues that these lead directly to nonphysical substances resembling the soul of traditional metaphysics. In the first half of the book, the author clarifies what is at issue in the choice between theories that posit nonphysical properties only and those that posit nonphysical substances. The crucial question, he (...) argues, is whether one posits nonphysical things that satisfy an Aristotelian-Cartesian independence definition of substance: nonphysical things that could exist in the absence of anything else. In the second half, the author argues that standard and Russellian monist forms of property dualism are far less plausible than we usually suppose. Most significantly, the presuppositions of one of the leading arguments for property dualism, the conceivability argument, lead by parity of reasoning to the view that conscious subjects are nonphysical substances. He concludes that if you posit nonphysical properties in response to the mind-body problem then you should be prepared to posit nonphysical substances as well. Mainstream philosophy of mind must take nonphysical substances far more seriously than it has done for the best part of a century. The Mind-Body Problem and Metaphysics will be of interest to scholars and advanced students working in philosophy of mind, metaphysics, and the history of philosophy. (shrink)

This essay is the first attempt to compare Reinhart Koselleck's Historik with Hannah Arendt's political anthropology and her critique of the modern concept of history. Koselleck is well-known for his work on conceptual history as well as for his theory of historical time. It is my contention that these different projects are bound together by Koselleck's Historik, that is, his theory of possible histories. This can be shown through an examination of his writings from Critique and Crisis to his final (...) essays on historical anthropology, most of which have not yet been translated into English. Conversely, Arendt's political theory has in recent years been the subject of numerous interpretations that do not take into account her views about history. By comparing the anthropological categories found in Koselleck's Historik with Arendt's political anthropology, I identify similar intellectual lineages in them as well as shared political sentiments, in particular the anti-totalitarian impulse of the postwar era. More importantly, Koselleck's theory of the preconditions of possible histories and Arendt's theory of the preconditions of the political, I argue, transcend these lineages and sentiments by providing essential categories for the analysis of historical experience. (shrink)

When making an assessment of animal welfare, it is important to take environmental (housing) or animal-based parameters into account. An alternative approach is to focus on the behavior and appearance of the animal, without making actual measurements or quantifying this. None of these tell the whole story. In this paper, we suggest that it is possible to find common ground between these (seemingly) diametrically opposed positions and argue that this may be the way to deal with the complexity of animal (...) welfare. The model will have to be acceptable for the different parties that will be affected by it and real benefits for the animal should result from it. This will be the basis of a practical ethical approach. All this can be condensed into a model that essentially is made up out of three basic elements: the classical welfare analysis with an existing welfare assessment tool, an assessment of the stockholder, and an implementation of the Free Choice Profiling technique. This new framework does not pretend to be a different or better animal welfare matrix; it is intended to integrate existing knowledge and to provide a practical tool to improve animal welfare. It identifies whether there are welfare problems on a farm, if present whether these problems are caused by the housing system or the stockholder, and what can be done to improve the situation. (shrink)

The article takes on a less developed aspect of the sociology of the stranger: the normalized non-relations people in urban settings establish in their effort to stay strangers for one another. How is their “civil inattention”accomplished in practice? What is the social orderliness of “asocial” relations? In order to answer these questions the article uses the elevator as a sociological research instrument allowing for a highly detailed investigation in structural problems of public encounters: bodily navigation, contact avoidance, feigned preoccupation, and (...) the blocking of the automatism by which co-present bodies start interactions. The setting used for the investigation also raises questions about how the artifact and the bodies present are integrated into the interaction order. The “heteromobile” of the elevator offers specific sociotechnical scripts for interaction. While the human actors work hard at doing nothing, their bodies seem to take over their agency. The specific challenge of elevator riding for the enactment of indifference is the vanishing of actors: undoing presence. (shrink)

The manuscripts and writings of the fifteenth-century astronomer and physician Lewis Caerleon (d. c. 1495) have been largely overlooked. To fill this gap, this article focuses on his writings and working methods through a case study of his canons and table for the equation of time. In the first part, an account of his life and writings is given on the basis of new evidence. The context in which his work on the equation of time was produced is explored in (...) detail by reviewing the three key periods of his scientific production. His heavy reliance on Simon Bredon’s Commentum super Almagesti is also analyzed. The article also provides editions of Lewis Caerleon’s canons for calculating his table for the equation of time and a critical edition of Simon Bredon’s Commentum super Almagesti, III, 22–24. In the second part of this article, we analyze the table for the equation of time derived by Lewis around 1485. In addition to the final table, there is a unique table with intermediate results that records every step of his derivation. By following and discussing the details of this derivation, we shed a new light on tabular practices in mathematical astronomy. Following Lewis in his historical mathematical procedure, we argue, offers a novel historiographical approach that allows us to identify different sources and practices used by historical actors. Therefore, beyond the exchange of parameters residing in modern mathematical analysis, this novel approach offers a promising refinement for the analysis of the transmission of knowledge across space, time, and culture. (shrink)

A vernacular fifteenth-century sermon tells us, in order to warn of the threats to spiritual welfare posed by dance, that cyclic motion and centering of sensory impressions – amongst them intimate conversation – are essential elements of dance. When blending out the parenesis, implicit poetics of medieval dance can be distilled from that sermon. The way how these essential elements of dance are used for generating disruptions within literary plots will be demonstrated in three literary texts dating from the thirteenth (...) to the fifteenth century: Disruptions in connection with dance occur when contrary concepts of motion clash with each other, for example the linearity of the chivalrous way through the Other World with the cyclicity of round dances. ‚Der Württemberger‘, however, collides two contrary concepts of time which can be paraphrased as spatial metaphors, namely the linearity of earthly life which collides with the cyclicity of eternal damnation, a collision symbolized by the expulsion of life out of the dance of the death. Finally in ‚Ritter Sociabilis‘, dance generates a virtual space which subverts the courtly society. The protagonists of all these texts differently manage to resolve disruptions, namely by redemption, by repentance, or by continuing disruptions which they have caused themselves. (shrink)

For anyone interested in the world on the cusp of the seventeenth-eighteenth century “le Père” Coronelli is simply unavoidable. He has his own learned society today (Coronelli Weltbund...

A major challenge with the increasing use of Artificial Intelligence applications is to manage the long-term societal impacts of this technology. Two central concerns that have emerged in this respect are that the optimized goals behind the data processing of AI applications usually remain opaque and the energy footprint of their data processing is growing quickly. This study thus explores how much people value the transparency and environmental sustainability of AI using the example of personal AI assistants. The results from (...) a choice-based conjoint analysis with a sample of more than 1.000 respondents from Germany indicate that people hardly care about the energy efficiency of AI; and while they do value transparency through explainable AI, this added value of an application is offset by minor costs. The findings shed light on what kinds of AI people are likely to demand and have important implications for policy and regulation. (shrink)

A measure of coherence is said to be reliability conducive if and only if a higher degree of coherence (as measured) results in a higher likelihood that the witnesses are reliable. Recently, it has been proved that several coherence measures proposed in the literature are reliability conducive in a restricted scenario (Olsson and Schubert 2007, Synthese 157:297–308). My aim is to investigate which coherence measures turn out to be reliability conducive in the more general scenario where it is any finite (...) number of witnesses that give equivalent reports. It is shown that only the so-called Shogenji measure is reliability conducive in this scenario. I take that to be an argument for the Shogenji measure being a fruitful explication of coherence. (shrink)

The article defines a new referential problem of ethnographic description: the verbalization of the "silent" dimension of the social. As a documentary procedure, description has been devalued by more advanced recording techniques that set a naturalistic standard concerning the reification of qualitative "data." I discuss this standard from the perspective of the sociology of knowledge and replace it by a challenge unknown to all empirical procedures relying on primary verbalizations of informants. Descriptions have to solve the problems of the voiceless, (...) the silent, the unspeakable, the pre-linguistic, and the indescribable. Ethnography puts something into words, which did not exist in language before. To respond to this task, descriptions have to turn away from the logic of recording and develop into a theory-oriented research practice. (shrink)

A measure of coherence is said to be reliability conducive if and only if a higher degree of coherence (as measured) among testimonies implies a higher probability that the witnesses are reliable. Recently, it has been proved that several coherence measures proposed in the literature are reliability conducive in scenarios of equivalent testimonies (Olsson and Schubert 2007; Schubert, to appear). My aim is to investigate which coherence measures turn out to be reliability conducive in the more general scenario where the (...) testimonies do not have to be equivalent. It is shown that four measures are reliability conducive in the present scenario, all of which are ordinally equivalent to the Shogenji measure. I take that to be an argument for the Shogenji measure being a fruitful explication of coherence. (shrink)

The article defines a new referential problem of ethnographic description: the verbalization of the “silent” dimension of the social. As a documentary procedure, description has been devalued by more advanced recording techniques that set a naturalistic standard concerning the reification of qualitative “data.” I discuss this standard from the perspective of the sociology of knowledge and replace it by a challenge unknown to all empirical procedures relying on primary verbalizations of informants. Descriptions have to solve the problems of the voiceless, (...) the silent, the unspeakable, the pre-linguistic, and the indescribable. Ethnography puts something into words, which did not exist in language before. To respond to this task, descriptions have to turn away from the logic of recording and develop into a theory-oriented research practice. (shrink)

A measure of coherence is said to be reliability conducive if and only if a higher degree of coherence (asmeasured) of a set of testimonies implies a higher probability that the witnesses are reliable. Recently, it has been proved that the Shogenji measure of coherence is reliability conducive in restricted scenarios (e.g., Olsson and Schubert, Synthese, 157:297–308, 2007). In this article, I investigate whether the Shogenji measure, or any other coherence measure, is reliability conducive in general. An impossibility theorem is (...) proved to the effect that this is not the case. I conclude that coherence is not reliability conducive. (shrink)

The number of legal and nonlegal ethical regulations in the biomedical field has increased tremendously, leaving present-day practitioners and researchers in a virtual crossfire of legislations and guidelines. Judging by the production and by the way these regulations are motivated and presented, they are held to be of great importance to ethical practice. This view is shared by many commentators. For instance, Commons and Baldwin write that, within the nursing profession, patient care can be performed unethically or ethically depending on (...) the professional standards the nurses have set for themselves. They also hold that such standards are set when nurses become aware of the ethical codes available. As nurses are often not familiar with the codes, they do not all conform to them. Commons and Baldwin argue that nurses' ability to deal with ethical dilemmas is effectively secured with education on guidelines, creating a “barrier” between personal and professional values. (shrink)

We investigate quantifier-free induction for Lisp-like lists constructed inductively from the empty list $$ nil $$ nil and the operation $${\textit{cons}}$$ cons, that adds an element to the front of a list. First we show that, for $$m \ge 1$$ m ≥ 1, quantifier-free $$m$$ m -step induction does not simulate quantifier-free $$(m + 1)$$ ( m + 1 ) -step induction. Secondly, we show that for all $$m \ge 1$$ m ≥ 1, quantifier-free $$m$$ m -step induction does not (...) prove the right cancellation property of the concatenation operation on lists defined by left-recursion. (shrink)

Argues that content-independent reasons are intentions. Relies on Grice's distinction between natural and non-natural meaning. Rejects previous accounts, and argues that his account can understand the force of such reasons appropriately, through the conept of enabling-conditions. Illustrates through several paridigmatic types of content-independent reasons.

In der Auseinandersetzung mit Nietzsches Kritik der Menschenwürde nimmt dieses Buch zugleich Stellung zur aktuellen Diskussion. Wie ist die gegenwärtige Norm der Menschenwürde, wie sie auch im Grundgesetz enthalten ist, vor dem Hintergrund der Theorien des vehementen Moralkritikers Nietzsche einzuschätzen? Welchen Stellenwert hat die Würde des Menschen im Zeitalter des Posthumanismus überhaupt? Im ersten Teil skizziert der Autor zunächst die wichtigsten philosophischen Konzeptionen der Menschenwürde von Cicero bis Kant. Dabei macht er deutlich, welche Probleme die gegenwärtige Rezeption historischer Konzeptionen aufwirft. (...) Der zweite Teil ist der ausführlichen Darstellung von Nietzsches Kritik der Menschenwürde gewidmet. Daraus ergeben sich wichtige Impulse für die gegenwärtige Diskussion und konkrete Hinweise, wie ein tragbarer Begriff der Menschenwürde für die Zukunft aussehen könnte. (shrink)

Spoken communication between social robotic devices, powered by generative AI tools such as ChatGPT, and the senior population offers great potential for researching social interaction and robot identity perceptions as well as exploring the potential opportunities and challenges when implementing this human-machine interactions in real life situations and health care. In this paper we explore people’s perceptions of the social robot Furhat when administering verbal tasks similar to those used in screening for Alzheimer’s disease. We describe the Slovak system mounted (...) on the robot that includes a speech recognizer, the scenarios powered by generative large language model ChatGPT, and a speech synthesizer. We tested the functionality of the proposed approach with two groups of participants: attendees of a large science fair and a scientific conference. The observations from 87 collected questionnaires suggest good potential and applicability of such an approach for the given task and more positive attitudes of older subjects compared to younger ones. (shrink)

‘Plastinates’ (i.e. corpses conserved through plastics) are lab created artifacts which since the nineties have been the subject of a cultural field experiment via an anatomical exhibition. Similarly to brain-dead or digitalized bodies, they constitute an ambiguous form of post-mortem existence. The article inquires after the ways in which the ontological status of these entities is constituted through the practices of body donors, anatomists and visitors. Plastinates owe their ambiguity to an oscillation between two different frames of perception. Their meaning (...) is determined by the extent to which an anatomy exhibition can impose a ‘medical gaze’ over a non-professional way of perception, which would stubbornly associate bodies with persons. This association depends on two qualities of plastinates, which refer back to the donor: on the one hand, they draw the observer into a communicational relationship, since the body is the archetypal medium of the self-representation of persons. On the other hand, the plastinated body, considered as ‘bequest’, acquires a biographical dimension: though the exhibition tries to appropriate the individual body anatomically, as an exemplar of a timeless, abstract idea of the human, the visitor’s mundane perspective reintegrates the exhibit into history. Plastinates are the embodied expression of the last will of those people whom the public meets in the exhibition. (shrink)

The article analyses the common notion that the consumer society is a reflection of those principles in the market that also provide the ideas of democracy and liberal constitutionalism with legitimacy in the political realm. The inalienable right to self-development and self-determination makes the individual the starting and ending point of life, rendering all spheres of market and society a ‘republic of choice’. But if consumer society shares the essentials of liberal constitutionalism and the rational, processual nature of democratic representation, (...) then its ontology needs to be investigated for the same reason and in the same manner as legal and political philosophy dissects the legitimacy and validity of the parliamentary institutions of modern democracy. Just as in the political philosophy of the constitutional structure of the democratic state, the question of who is sovereign is key to understanding the ontology of consumer society. But rather than simply placing sovereignty into the hands of the independent, self-determined consumer, the earliest ontologists of the consumer society took recourse to medieval political theology and presented the consumer market as a new corpus mysticum. Thus, it is medieval political theology, not modern liberal thought, which provided for an ontologization of the consumer. This, in turn, directly pertains to the questions of the legitimacy of consumer society per se, of consumer decisions in particular and of their sources of legitimacy. (shrink)

Abstract: We are all familiar with the way in which social roles, such as mother, father, professor, club football coach, citizen, and so on, confront us with clusters of duties that purport to bind us. Though we generally experience these role-duties as normatively binding, we might question this. What reason do role-occupants have for conforming to the duties that define their roles? I argue that the agent who identifies with her role thereby has a weighty and important justificatory reason for (...) conforming to the role's defining duties: namely, the identifying agent realizes the fundamental goods of meaning and self-determination by doing so. This is an important normative ground of role-duties because it, unlike the grounds of natural duty or voluntary assumption, ensures that the duties it grounds are not alien impositions but rather are elements of the identifying agent's wellbeing. I also argue that role-identification provides a reason that shares many of the characteristics of a moral reason, and I argue that role-identification in tandem with the principle of fair play grounds a moral duty to conform to one's role-duties. (shrink)

The Israel–Palestine conflict is one of the most tenacious and polarizing conflicts in the world and, according to some analysts, one that is seemingly impossible to solve given the current input v...

Hans Mayer, one of the most eminent literary critics and public intellectuals in post-war Germany, visited Israel four times between 1968 and 1995. This article aims to reconstruct the key elements of Mayer’s ambivalent perception of Israeli society and culture as it is documented in his travelogue Reisen nach Jerusalem from 1997 and several further texts. However, Mayer’s view on Israel can only be understood adequately by also considering his situation as a non-religious Jew and Shoah survivor in Germany.

1923 schrieb Carl Schmitt sein Werk «Die geistesgeschichtliche Lage des heutigen Parlamentarismus» in einem äußerst antiparlamentarischen Umfeld der Weimarer Republik. Auch wenn das Werk später den Nationalsozialisten zur Machtergreifung verhelfen sollte, ging es Schmitt insbesondere darum, den Parlamentarismus zu kritisieren, um das demokratische System zu stärken. Begriffe wie Ausnahmezustand, Freund und Feind, Volonté Générale und Staatsmythos flankieren seine Kritik am Parlamentarismus. Die Arbeit stellt nicht nur Schmitts Kritik heraus, sondern geht auch auf seine persönlichen Alternativen ein. Hierbei kommt es zur (...) Beantwortung der zentralen Frage, ob die Demokratie sich in ihrem Kern nicht als ein utopisches Konstrukt herausstellt, unabhängig von der zeitlichen Verortung. (shrink)

We formulate Hilbert’s epsilon calculus in the context of expansion proofs. This leads to a simplified proof of the epsilon theorems by disposing of the need for prenexification, Skolemisation, and their respective inverse transformations. We observe that the natural notion of cut in the epsilon calculus is associative.

Both in ancient myths about the passage of the dead to Hades and in the New York subway, small coin-like artifacts shape decisively transitory practices and subjects alike. The numerous conflicts and subversions surrounding these objects reveal their openness as configured by the assemblages in which they develop. Thus, understanding what assemblages are and what effects they produce, one might understand the social effectiveness of artifacts more clearly.