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)

There are several conceptions of man in the history of philosophy. However, two considerable tendencies are recurring throughout modern history. A human being can be perceived as a complex mechanism or as a living organism. The response to the query has essential consequences in different areas. The article aims to provide a view of humankind that builds upon an organic conception of life, nature, and human beings, especially as elaborated by A. N. Whitehead and some of his followers. The article (...) also briefly examines the emergence and development of a mechanistic view. The historical overview exposes the close relationship between the worldview of a given era and the understanding of man. Finally, the article argues that the organic conceptions of life developed in the first half of the 20th century provide an essential alternative to mechanistic views and could help us to deal with several problems we are currently encountering. (shrink)

The connection between the probabilities of conditionals and the corresponding conditional probabilities has long been explored in the philosophical literature, but its implementation faces both technical obstacles and objections on empirical grounds. In this paper I ?rst outline the motivation for the probabilistic turn and Lewis’ triviality results, which stand in the way of what would seem to be its most straightforward implementation. I then focus on Richard Jeffrey’s ’random-variable’ approach, which circumvents these problems by giving up the notion that (...) conditionals denote propositions in the usual sense. Even so, however, the random-variable approach makes counterintuitive predictions in simple cases of embedded conditionals. I propose to address this problem by enriching the model with an explicit representation of causal dependencies. The addition of such causal information not only remedies the shortcomings of Jeffrey’s conditional, but also opens up the possibility of a uni?ed probabilistic account of indicative and counterfactual conditionals. (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)

For loss averse investors, a sequence of risky investments looks less attractive if it is evaluated myopically—an effect called myopic loss aversion (MLA). The consequences of this effect have been confirmed in several experiments and its robustness is largely undisputed. The effect’s causes, however, have not been thoroughly examined with regard to one important aspect. Due to the construction of the lotteries that were used in the experiments, none of the studies is able to distinguish between MLA and an explanation (...) based on (myopic) loss probability aversion (MLPA). This distinction is important, however, in discussion of the practical relevance and the generalizability of the phenomenon. We designed an experiment that is able to disentangle lottery attractiveness and loss probabilities. Our analysis reveals that mere loss probabilities are not as important in this dynamic context as previous findings in other domains suggest. The results favor the MLA over the MLPA explanation. (shrink)

ABSTRACT This article wants to expose some central contributions for a critical theory from the Americas, made first of all from the Ecuadorian-Mexican philosopher Bolívar Echeverría and also by the Spanish-Mexican philosopher Adolfo Sánchez Vázquez, bringing them to an imaginary discussion with Alfred Schmidt, Karl Marx, and some concepts of the original critical theory from the now one-hundred-year-old Frankfurt school. The relationship between use value and value, the critique of some Eurocentric “philosophical” ideas inside nonmainstream theories are some of the (...) departing points. A critical theory from the Americas could be a first step toward the necessary philosophical contributions for a postcapitalist society that may exist without the Today’s self-destructive impulse. It helps not only to understand the world outside the so-called First World in a more exact way, but it helps also to understand the centers of global power in a better way, as their self-consciousness is now probably on the lowest level ever. (shrink)

The aim of this paper is to outline the historical context of Whitehead’s philosophical work with a special focus on the comparison to classical pragmatism. The paper is divided in two main parts. The first part deals with the characterization of process philosophy in general, especially with Whitehead’s version of this philosophical movement, and contrasts it to traditional (substantial and mechanistic) philosophies. The second part examines some important common features of Whitehead’s process philosophy and James’ and Dewey’s classical pragmatism. The (...) most important point of connection of their philosophical work is the concept of experience. It is also important to mention that for all of them the common epistemological basis is radical empiricism (or naturalistic empiricism in case of Dewey) and the ontological assumption of (some form of) realism. (shrink)

Musikalische Werke sind keine Personen. Dennoch sagen wir zum Beispiel, ein Werk sei melancholisch, drucke Freude aus oder verbreite eine zuversichtliche Stimmung. Doch mit welchem Recht? Die Beantwortung dieser Frage ist grundlegend fur die Musikphilosophie. In der Monographie wird systematisch das Wesen und, auf den Resultaten dieses ersten Teils aufbauend, im zweiten Teil der Wert der Expressivitat von Musik untersucht. Dabei wird ein historisch und empirisch informierter, integrativer Ansatz musikalischer Expressivitat ausgearbeitet. Die Untersuchung tragt so zu einem besseren Verstandnis des (...) Mediums Musik und seiner Bedeutung fur das menschliche Dasein bei. (shrink)

The rise of causality and the attendant graph-theoretic modeling tools in the study of counterfactual reasoning has had resounding effects in many areas of cognitive science, but it has thus far not permeated the mainstream in linguistic theory to a comparable degree. In this study I show that a version of the predominant framework for the formal semantic analysis of conditionals, Kratzer-style premise semantics, allows for a straightforward implementation of the crucial ideas and insights of Pearl-style causal networks. I spell (...) out the details of such an implementation, focusing especially on the notions of intervention on a network and backtracking interpretations of counterfactuals. (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)

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)

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)

Masculinity and femininity can both be freely defined through the spectrum of certain characteristics, points of view, features, expectations, and explanations linked to the behavioural traits of masculine and feminine individuals. Those are socially constructed dimensions that explain the male and female status, alongside the position of the sexes within societies. The aim of this study is to re-examine the extent to which culture and cultural context impact the shaping of male and female individuals, as well as the ways through (...) which those influences take place. The relationships between the culturally established set of categories, such as those for gender identification in individuals, are referred to as “human taxonomy”, or “cultural classification”. Hence, the norms, regulations, stances, behaviours, conduct, and, ultimately, the expectations of individuals in a sociocultural environment greatly depend on the relations between mannature-culture. In that context, this paper elaborates on different socio-anthropological theoretic concepts revolving around the creation of masculinity and femininity while emphasizing the historical and contemporary d. (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)

ABSTRACT:The notion of “democracy” has become a much-debated concept in scholarship on business ethics, management, and organization studies. The strategy of this paper is to distinguish between a principle of organization that fosters participation (type I democracy) and a principle of legitimation that draws on consent (type II democracy). Based on this distinction, we highlight conceptual shortcomings of the literature on stakeholder democracy. We demonstrate that parts of the literature tend to confound ends with means. Many approaches employ type I (...) democracy notions of participation and often take for granted that this also improves type II democratic legitimation. We hold this to be a mistake. We provide examples of the ambiguity of organizational procedures and show that under some circumstances a decrease in the degree of participation may actually increase legitimation because a governance structure that results in higher productivity can provide higher benefits for all parties involved, serve their interests and therefore meet their agreement. Less type I democracy may mean more type II democracy. We believe this to be an important insight for judging (and further improving) the legitimacy of both capitalistic firms and competitive markets. (shrink)

Die Begriffe Körper und Gesundheit sind (nicht erst) seit dem sogenannten body-, corporeal- oder somatic-turn Gegenstand sehr unterschiedlicher Disziplinen und Perspektiven: Die Komplexität der Zusammenhänge, Verschränkungen, Bedingungen des Gegenstandspaares Körper-Gesundheit bis hin zur Identifikation macht es erforderlich, multidisziplinär und multiperspektivisch vorzugehen. In diesem Band sind unterschiedliche Disziplinen und Perspektiven versammelt, die sich aus ihrer Fachgenese und wissenschaftlichen Position heraus mit Körper, Leib und Gesundheit beschäftigen, um v.a. Forschungsfelder zu erschließen und praxeologische Konsequenzen zu benennen.

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 this paper, I focus on life-threatening medical conditions and argue that from the point of view of natural properties, induction(s), and participation in laws, at least some of the ill organisms dealt with in somatic medicine form natural kinds in the same sense in which the kinds in the exact sciences are thought of as natural. By way of comparing two ‘divisions of nature’, viz., a ‘classical’ exact science kind (gold) and a kind of disease (Graves disease), I show (...) that there is no justifiable ‘ontological gap’ between disease kinds and exact sciences kinds. We have instead a difference of degree. (shrink)

This paper describes and discusses the phenomenon ‘predatory publishing’, in relation to both academic journals and books, and suggests a list of characteristics by which to identify predatory journals. It also raises the question whether traditional publishing houses have accompanied rogue publishers upon this path. It is noted that bioethics as a discipline does not stand unaffected by this trend. Towards the end of the paper it is discussed what can and should be done to eliminate or reduce the effects (...) of this development. The paper concludes that predatory publishing is a growing phenomenon that has the potential to greatly affect both bioethics and science at large. Publishing papers and books for profit, without any genuine concern for content, but with the pretence of applying authentic academic procedures of critical scrutiny, brings about a worrying erosion of trust in scientific publishing. (shrink)

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)

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)

On Shapiro’s view, any viable legal theory must successfully respond to his Possibility Puzzle and Humean Challenge. Moreover, he argues that Hartian legal theory fails in this respect. Here, I take issue with his characterization of these challenges and the Hartian response to them. I argue that he equivocates with respect to a number of the key terms and relations that inform his Possibility Puzzle, and I argue that if we disambiguate its terms consistently and plausibly, we will see that (...) its putative challenge to Hartian legal theory is illusory. I also argue that once we adequately characterize Hartian legal theory, it easily meets the Humean Challenge. If correct, these arguments undermine Shapiro’s larger project of defending his planning theory of law, for a key pillar supporting his theory is that it meets challenges that rival theories cannot. I also consider his planning theory directly, and I argue that it compares unfavourably to the Hartian approach in a crucial respect. It obscures the Hartian insight that customary practice is an ineliminable and fundamental feature of legal systems. Thus, I conclude that though Shapiro’s Legality brings to the fore many of the key issues in contemporary analytic jurisprudence and does so in an insightful and provocative way, it does not succeed in its ultimate ambition of improving upon and supplanting Hartian legal theory. (shrink)

In this paper, we argue that antecedents of modern corporate social responsibility prior to the Industrial Revolution can be referred to as “proto-CSR” to describe a practice that influenced modern CSR, but which is different from its modern counterparts in form and structure. We develop our argument with the history of miners’ guilds in medieval Germany—religious fraternities and secular mutual aid societies. Based on historical data collected by historians and archeologists, we reconstruct a long-term process of pragmatic experimentation with institutions (...) of mutual aid that address social problems in the early mining industry, and thus before the rise of the modern state and the capitalist firm. Co-shaped by economic and political actors, these institutions of mutual aid have influenced the social responsibility programs of early industrialists, modern social welfare legislation, and contemporary CSR. We conjecture that other elements of proto-CSR might have evolved according to similar trajectories. (shrink)

The operative nucleus of peer review processes has largely remained a ‘black box’ to analytical empirical research. There is a lack of direct insights into the communicative machinery of peer review, i.e., into ‘gatekeeping in action’. This article attempts to fill a small part of this huge research gap. It is based on an ethnographic case study about peer review communication in a sociological journal. It looks at the final phase of the peer review process: the decisions taken in the (...) oral communication of editors’ meetings. The article describes this meeting as an instrumented talk, supported by written tools and constrained by necessary procedural outcomes. It analyzes examples of interactive negotiations of manuscripts and, in the end, it discusses the procedural rationality of peer review as a public sphere for professional judgment. (shrink)

Looking at the world through the window of opportunity costs directs attention to the good forgone rather than the good done by our decision making. In the paper it is illustrated by means of several examples that it may be useful for judicial decision makers to be better aware of this aspect of their choices. When they decide in favor of the realization of some good they should not neglect the shadow of the good that is thereby not done. Such (...) implications of living in a world of scarcity are driven home on the level of law enactment (de lege ferenda) as well as in the interpretation and application of the law (de lege lata) in our discussion of opportunity costs and the law. (shrink)

Is there any good reason to believe in Nietzsche's metaphysics even thought he himself claims that it is not "the truth" in correspondence with the world? According to Danto, Nietzsche's metaphysics is only valid for Nietzsche himself. However, this answer does not take into consideration Nietzsche's claim for the general superiority of his philosophy. Nietzsche's view seems inconsistent: on the one hand, he claimed all perspectives are equally false in respect to "the truth," but on the other, he regarded his (...) view as superior. This book explains in which respect Nietzshe justifies his claims, that Nietzsche's position is not inconsistent, and why consistency is important for him. (shrink)

Je cherche ici à renouveler la compréhension de l’esthétique merleau-pontienne en lisant les notes de son premier cours au Collège de France, « Le monde sensible et le monde de l’expression ». Ce faisant, on peut voir certains films de Godard comme prolongeant la réflexion du philosophe, éclairer le rapport de Deleuze à la phénoménologie et enfin resituer Merleau-Ponty dans le contexte des pratiques artistiques contemporaines. La portée de cette phénoménologie du mouvement dépasse cependant le cadre de l’esthétique dans la (...) mesure où elle laisse entrevoir une solution au problème du passage du perceptif au conceptuel. (shrink)

Drawing on the work of Robert Nozick and Johann Gottlieb Fichte, the author argues that human self-consciousness cannot be explained in naturalistic terms. Instead, it is a spontaneous phenomenon.