O artigo é resultado do trabalho de conclusão de curso em psicologia e busca compreender como se dá o processo de criação artístico, qual sua função e o que expressa o artista através de sua obra. Apresenta um referencial teórico que aborda psicologia e sua inter-relação com a Arte, além das importa..

O estudo investigou a experiência de transição para a aposentadoria na perspectiva subjetiva dos sujeitos que a vivenciaram. Foram entrevistados 20 trabalhadores aposentados no período de até 18 meses após o desligamento de suas atividades laborais. As entrevistas seguiram roteiro semi-estruturado e..

Most philosophical or scientific theories suppose that colour composition judgments refer to the way colours appear to us. The dominant view is therefore phenomenalist in the sense that colour composition is phenomenally given to perceivers. This paper argues that there is no evidence for a phenomenalist view of colour composition and that a conventionalist approach should be favoured.

The last twenty-five years or so have seen the emergence of exciting comparative work on Nietzsche and various philosophical traditions beyond the bounds of Europe. So far, however, the emphasis has been primarily on the cultures of India, China and Japan, with an almost exclusive focus on Buddhist, Hindu, Daoist, and Confucian traditions. Surprisingly, little work has been done on Nietzsche and the Islamic tradition. In this paper, I sketch out Nietzsche’s understanding of Islam, the ways in which he uses (...) it as a resource for his critique of Christianity and European modernity and the criticisms he has to make of it as one of the great monotheistic world religions. I then argue for the need to engage Nietzsche with specific Islamic falāsifa of the classical period (9-12th c.) rather than Islam itself, as some recent scholars have attempted to do. Although Nietzsche himself seems to have had no direct familiarity with any of the falāsifa, there are, I argue, many entry points for productive comparison and dialogue. This is at least in part because they share a significant common heritage: both were careful students of classical Greek and Hellenistic thought, and both put the insights they encountered there to work in bold new ways. Indeed, they appropriated, transformed and reanimated Greek ideas in new contexts and towards new ends that their progenitors would scarcely have recognized, and that were often radically challenging to their contemporaries. I focus here on a few select themes—the idea of philosophy as a “way of life,” the ideal of “becoming like God so far as it is possible” and the Platonic figure of the philosopher-ruler, all of which get taken up and re-imagined in radically novel and sometimes antipodal ways. (shrink)

In this paper I focus on the figure of the ape in Nietzsche's texts, and how it fits into his putative naturalism. I examine the lowly status and ignoble qualities that he associates with this animal and argue that they betray a residual anthropocentricism profoundly at odds with Nietzsche's dehumanized conception of nature. Accordingly, I suggest a reading of Nietzsche's ape remarks that brings them more into accord with his non-teleological and non-hierarchical conception of species. Ultimately, I argue that a (...) robust, thorough going Nietzschean naturalism would require the affirmation of the ape, including everything it comes to represent for Nietzsche. (shrink)

At workplaces where nanomaterials are produced or used, risk assessment and risk management are extremely difficult tasks since there is still limited evidence about the risks of nanomaterials. Measurement methods for nanoparticles are contested and safety standards have not yet been developed properly. To support compliance with the legal obligation of the employer to care for safe workplaces a large number of ‘soft’ regulatory tools have been proposed (e.g. codes of conduct, benchmarks, standards). However, it is not clear whether and (...) under which conditions soft regulation is complied with. This article discusses the potential advantages and drawbacks of soft regulation. It explores compliance issues when exposure measurement devices and other technology-related factors are involved. The exploration of three examples of soft regulation on occupational health and safety (a ministerial recommendation on preliminary exposure benchmarks, a nano-specific guidance of a chemical company and a public–private OHS guideline) shows that the capacity of the regulated parties to comply depends on the availability of appropriate technological devices and methods, technical expertise and other resources. When technological prerequisites are met, compliance is likely to increase. (shrink)

Este artigo pretende apresentar as “representações obscuras” como parte da via disponível para se conceber um cultivo de si e da civilização, de acordo com a perspectiva de uma antropologia pragmática tal como concebida por Kant. As representações obscuras marcam a existência de um campo de representações intelectuais, estéticas e morais ocultas à consciência. Estas representações possuem, de um lado, a finalidade de fornecer um _cultivo de si_, espécie de conhecimento da natureza humana, por meio de sua funcionalidade empírica na (...) produção de determinados fenômenos, e, de outro, proporcionar as condições adequadas para a construção da civilização, por meio da “arte de ocultar” as verdadeiras intenções nos comportamentos em sociedade. Nos dois casos, o estudo dessas representações contribui para a compreensão do interior do ser humano, fornecendo uma via adequada para seu uso pragmático-prudente no mundo, o que justifica o prevalecimento privilegiado do tema nos escritos de antropologia. (shrink)

The theory of mind (ToM) framework has been criticised by emerging alternative accounts. Each alternative begins with the accusation that ToM's validity as a research paradigm rests on the assumption of the ‘unobservability’ of other minds. We argue that the critics' discussion of the unobservability assumption (UA) targets a straw man. We discuss metaphysical, phenomenological, epistemological, and psychological readings of UA and demonstrate that it is not the case that ToM assumes the metaphysical, phenomenological, or epistemological claims. However, ToM supports (...) the psychological UA as a claim about cognitive processes responsible for mindreading. The latter can be interpreted as a claim that (a) neither the other's ‘mindedness’ in general nor the other's particular mental states are observable (i.e. apprehended perceptually); (b) particular mental states are unobservable, whereas some aspects indicative of ‘mindedness’ are observable; (c) some mental states are unobservable but some are also observable. Whereas the critics tend to attribute (a) to ToM, most ToM accounts actually take positions (b) or (c). We conclude that the allegations against ToM for positing UA are seriously misdirected. We further bring out an important stipulation of any account of observability of mental states: mental states are not observable in the same way as the sensory properties of physical objects. (shrink)

The principle of energy conservation is widely taken to be a se- rious difficulty for interactionist dualism (whether property or sub- stance). Interactionists often have therefore tried to make it satisfy energy conservation. This paper examines several such attempts, especially including E. J. Lowe’s varying constants proposal, show- ing how they all miss their goal due to lack of engagement with the physico-mathematical roots of energy conservation physics: the first Noether theorem (that symmetries imply conservation laws), its converse (that conservation (...) laws imply symmetries), and the locality of continuum/field physics. Thus the “conditionality re- sponse”, which sees conservation as (bi)conditional upon symme- tries and simply accepts energy non-conservation as an aspect of interactionist dualism, is seen to be, perhaps surprisingly, the one most in accord with contemporary physics (apart from quantum mechanics) by not conflicting with mathematical theorems basic to physics. A decent objection to interactionism should be a posteri- ori, based on empirically studying the brain. (shrink)

Resenha: Acidentes ambientais e planos de contingência.

In November 2003, the University of Fribourg hosted a symposium on the ontology of colors. The invited participants included Justin Broackes, Alex Byrne, David Chalmers, Larry Hardin, Joe Levine and Barry Maund. The points of view presented by the participants in their thought-provoking papers were highly divergent. The presentation of each paper was followed by a long and intense discussion. Despite the divergence of the views proposed, the discussion during the symposium was highly focused. Several specific issues came up repeatedly (...) in the debate and illuminated the puzzle about the nature of colors in a thought provoking way from different angles. We include these papers in our brief description in the present introduction to present to the reader all the different viewpoints that have nourished the debate throughout the symposium. We are glad to be able to include one further invited paper by Jonathan Cohen in the present volume. In an attempt to transfer some of the atmosphere of the meeting to the reader and in order to make this collection still more stimulating we invited each participant to contribute comments on the other papers. (shrink)

Mindreading is often considered to be the most important human social cognitive skill, and over the past three decades, several theories of the cognitive mechanisms for mindreading have been proposed. But why do we read minds? According to the standard view, we attribute mental states to individuals to predict and explain their behavior. I argue that the standard view is too general to capture the distinctive function of mindreading, and that it does not explain what motivates people to read minds. (...) In order to understand why mindreading is evolutionarily adaptive, individually beneficial, and motivationally compelling, we need to include another level of explanation: the level of social relationships. I introduce a theory of the cognitive underpinnings of social relationships—the relational models theory of Alan Fiske. I outline the hypothesis that the function of mindreading is to shape social relations. I further hypothesize that mindreading is often motivated by social emotions. If mindreading serves r.. (shrink)

This book offers a conceptual history of compromise that demonstrates the connection between different understandings of compromise and corresponding differences in understandings of political representation.

Traditional theory of mind (ToM) accounts for social cognition have been at the basis of most studies in the social cognitive neurosciences. However, in recent years, the need to go beyond traditional ToM accounts for understanding real life social interactions has become all the more pressing. At the same time it remains unclear whether alternative accounts, such as interactionism, can yield a sufficient description and explanation of social interactions. We argue that instead of considering ToM and interactionism as mutually exclusive (...) opponents, they should be integrated into a more comprehensive account of social cognition. We draw on dual process models of social cognition that contrast two different types of social cognitive processing. The first type (labeled Type 1) refers to process es that are fast, efficient, stimulus-driven, and relatively inflexible. The second type (labeled Type 2) refers to processes that are relatively slow, cognitively laborious, flexible, and may involve conscious control. We argue that while interactionism captures aspects of social cognition mostly related to Type 1 processes, ToM is more focused on those based on Type 2 processes. We suggest that real life social interactions are rarely based on either Type 1 or Type 2 processes alone. On the contrary, we propose that in most cases both types of processes are simultaneously involved and that social behavior may be sustained by the interplay between these two types of processes. Finally, we discuss how the new integrative framework can guide experimental research on social interaction. (shrink)

There are cases of emotion that we readily describe as 'sharing emotions with other people.' How should we understand such cases? Joel Krueger has proposed the Joint Ownership Thesis : the view that two or more people can literally share the same emotional episode. His view is partly inspired by his reading of Merleau-Ponty -- arguably Merleau-Ponty advocates a version of JOT in his "The child's relations with others." My critical analysis demonstrates that JOT is flawed in several respects: 1) (...) It involves a vague account of joint subjects; 2) It relies on a confusion between phenomenological and ontological levels of analysis. When these are clearly distinguished, Krueger's phenomenological analysis contradicts JOT understood as an ontological claim; 3) It relies on a highly problematic coupling-constitution inference; 4) It relies on a shift from the claim that the child and the caregiver jointly _realize_ an emotion, to the claim about joint _ownership_, which is a _non sequitur_. I argue that we can reach a better understanding of the phenomenon of shared emotions by bringing in another level of analysis: that of _social relationships_. I propose that shared emotions are a special case of _social-relational emotions_, typically arising within and/or giving rise to communal relationships. (shrink)

In this paper we defend structural representations, more specifically neural structural representation. We are not alone in this, many are currently engaged in this endeavor. The direction we take, however, diverges from the main road, a road paved by the mathematical theory of measure that, in the 1970s, established homomorphism as the way to map empirical domains of things in the world to the codomain of numbers. By adopting the mind as codomain, this mapping became a boon for all those (...) convinced that a representation system should bear similarities with what was being represented, but struggled to find a precise account of what such similarities mean. The euforia was brief, however, and soon homomorphism revealed itself to be affected by serious weaknesses, the primary one being that it included systems embarrassingly alien to representations. We find that the defense attempts that have followed, adopt strategies that share a common format: valid structural representations come as “homomorphism plus X”, with various “X”, provided in descriptive format only. Our alternative direction stems from the observation of the overlooked departure from homomorphism as used in the theory of measure and its later use in mental representations. In the former case, the codomain or the realm of numbers, is the most suited for developing theorems detailing the existence and uniqueness of homomorphism for a wide range of empirical domains. In the latter case, the codomain is the realm of the mind, possibly more vague and more ill-defined than the empirical domain itself. The time is ripe for articulating the mapping between represented domains and the mind in formal terms, by exploiting what is currently known about coding mechanisms in the brain. We provide a sketch of a possible development in this direction, one that adopts the theory of neural population coding as codomain. We will show that our framework is not only not in disagreement with the “plus X” proposals, but can lead to natural derivation of several of the “X”. (shrink)

Mental causation, idea that it is us – via our minds – who cause bodily actions is as commonsensical as it is indispensable for our understanding of ourselves as rational agents. Somewhat less uncontroversial, but nonetheless widespread (at least among ordinary people) is the idea that the mind is non-physical, following the intuition that what is physical can neither act nor think nor judge morally. Taken together, and cast into a metaphysical thesis, the two intuitions yield interactive dualism: the view (...) that human persons and their minds are non-physical but can nonetheless interact with their bodies, most notably through their brains. This thesis has two main objectives: first, to defend interactive dualism against objections, and second, to show how it can blend in with a physical world in which laws of nature hold. The first part (chapter 1) consists in a brief motivation of interactive dualism as opposed to non-interactive dualism. I argue that non-interactive, epiphenomenalist dualism sacrifices so many crucial aspects of our human existence that interactive dualism is highly to be preferred to it, barring even stronger counterarguments against the latter. It is those putative counterarguments I address in parts II and III. Part II takes on the philosophical objections from the causal closure of the physical and from causal heterogeneity. The former takes the success of physics and physiology as basis for the doctrine of the causal closure of the physical (CCP). I argue against this that there is not only no convincing argument for CCP, but also that any science-based belief in CCP cannot be epistemically justified. As regards the causal heterogeneity objection, it is ‘weighed and found wanting’, because it relies on unwarranted assumptions about causation. In part III, I examine the objection from energy conservation. It roughly says that if interactive dualism were true, then energy would not be conserved, which physics taught us cannot be the case. My reply is that the underlying conception of energy (and momentum) conservation is wrong-headed and not the one that actual physicists use. Instead of being categorical and global, conservation laws are conditional and local, thereby making natural room for mental interaction. Some dualists, however, have sought to make interactive dualism conservation-friendly, notably by invoking quantum physics; I show that these attempts are unnecessary and create more problems than they solve. Finally, in chapter 9, I turn the tables on non-interactionists by investigating current neurophysiological literature on volitional actions, which, though not addressing the question directly, still encourages the interactive dualist picture more than a non-interactionist one. Part IV is about the interplay between interactive dualism and the laws of nature. The ultimate goal is, if possible, to come up with a theory of the laws of nature that explains the lawlike behavior of nature and at the same time makes room for interaction. I begin by pointing out that the laws of nature are or at least should be what physicalists worry about (chapter 10). I then proceed with a historical survey on the development of the notion of laws of nature (chapter 11) that sheds light on its theistic origin. This is followed by an inquiry into the question how a law of nature could possibly be broken (chapter 12) and a survey of the extant metaphysical theories of the laws of nature with special regard to their receptivity to interaction (chapter 13). Finally, in chapter 14 I develop a theory of the laws of nature both faithful to their divine origin and the possibility of mental interaction: dispositionalist divine decretalism, a synthesis of dispositionalism and Jeffrey Koperski’s divine decretalism. (shrink)

A violência sexual contra meninas constitui-se em um problema de dimensões alarmantes para a sociedade. Assim, este estudo objetivou compreender as concepções e crenças sobre o abuso sexual, as relações e reações familiares de adolescentes em situação de vulnerabilidade social. Participaram 30 adole..

Michael Esfeld has recently put forth his ontology of persons, with which he hopes to secure freedom and irreducible personhood as well as scientific realism, all by working with minimal ontological assumptions. I present his view and investigate it, finding it too minimalistic: Esfeld’s featureless matter points do not warrant an emergence of persons from matter, and his claim that persons can create themselves by adopting a normative attitude seems more like a just-so story. Also, Esfeld’s rejection of classical mind-body (...) dualism seems premature. I present as an alternative a modified mind-body dualism which solves the problems of Esfeld’s view and argue that embedding it in a theistic worldview is favorable for any account that seeks to establish irreducible personhood. (shrink)

When we use so-called predicates of personal taste to talk about an object, we express our subjective experience of the object. There is no objective truth about whether a given thing is, say, funny. I shall argue that it can make sense to argue about matters of taste anyway because (a) there are good reasons to want to change our interlocutor’s relevant experience, and (b) disputes about taste can bring about such a change. These reasons can be moral or political. (...) My argument serves to connect debates in the philosophy of language, social epistemology, and ideology theory in illuminating ways. (shrink)

ABSTRACTAlthough philosophers have often insisted that specular perception is illusory or erroneous in nature, few have stressed the reliability and indispensability of mirrors as optical instrumen...

"Powers and Capacities in Philosophy" is designed to stake out an emerging, discipline-spanning neo-Aristotelian framework grounded in realism about causal powers. The volume brings together for the first time original essays by leading philosophers working on powers in relation to metaphysics, philosophy of natural and social science, philosophy of mind and action, epistemology, ethics and social and political philosophy. In each area, the concern is to show how a commitment to real causal powers affects discussion at the level in question. (...) In metaphysics, for example, realism about powers is now recognized as providing an alternative to orthodox accounts of causation, modality, properties and laws. Dispositional realist philosophers of science, meanwhile, argue that a powers ontology allows for a proper account of the nature of scientific explanation. In the philosophy of mind there is the suggestion that agency is best understood in terms of the distinctive powers of human beings. Those who take virtue theoretic approaches in epistemology and ethics have long been interested in the powers that allow for knowledge and/or moral excellence. In social and political philosophy, finally, powers theorists are interested in the powers of sociological phenomena such as collectivities, institutions, roles and/or social relations, but also in the conditions of possibility for the cultivation of the powers of individuals. The book will be of interest to philosophers working in any of these areas, as well as to historians of philosophy, political theorists and critical realists. (shrink)

Two types of truth table task are used to examine people's mental representation of conditionals. In two within-participants experiments, participants either receive the same task-type twice (Experiment 1) or are presented successively with both a possibilities task and a truth task (Experiment 2). Experiment 3 examines how people interpret the three-option possibilities task and whether they have a clear understanding of it. The present study aims to examine, for both task-types, how participants' cognitive ability relates to the classification of the (...) truth table cases as irrelevant, and their consistency in doing so. Looking at the answer patterns, participants' cognitive ability influences their classification of the truth table cases: A positive correlation exists between cognitive ability and the number of false-antecedent cases classified as ?irrelevant?, both in the possibilities task and the truth task. This favours a suppositional representation of conditionals. (shrink)

In this interview, Ruth Groff discusses how she came to be a realist, her role as a community organizer, her relationship to critical realism, and various issues arising from her published work over the years. Discussion ranges across the nature of positivism and its legacy, the concept of falsehood, realism about causal powers, mind-independent reality, the history of philosophy, and the underlying interest in ideology-critique that runs through her thinking.

The current pandemic represents unprecedented times in medical education. In addition to the already strenuous demands of medical school, the SARS-CoVid-2 pandemic introduced a new source of ethical and moral pressure on students. Medical students navigated finishing their didactic years in isolation and initiated their clinical rotations in a pandemic environment. Many medical students found themselves in the frustrating position of being non-essential healthcare workers but still wanting to help. This paper follows the personal and shared experiences of a second-year (...) medical student transitioning to their third year. In particular, this paper examines the author’s personal ties to the disability community through their family, and how this impacted their approach in striving to aid in the pandemic. (shrink)

Most philosophers consider olfactory experiences to be very poor in comparison to other sense modalities. And because olfactory experiences seem to lack the spatial content necessary to object perception, philosophers tend to maintain that smell is purely sensational or abstract. I argue in this paper that the apparent poverty and spatial indeterminateness of odor experiences does not reflect the “subjective” or “abstract” nature of smell, but only that smell is not directed to particular things. According to the view defended in (...) this paper, odors are properties of stuffs. This view, motivated by several arguments grounded in the phenomenology of olfactory experience, explains in particular why odors appear to be located both in the air around our nose and in the objects from which they emanate. It also explains the power of smell in the task of discriminating chemical compounds. (shrink)

‘Hated in the Nation’ invites us to reflect about our social media responsibility: in this episode, the hashtag #DeathTo sends a swarm of killing bee‐drones to the most unpopular candidate of the day. But, although there are no tiny bee drones yet in real life, it is not uncommon to shame someone online for a variety of reasons, and the consequences can be life‐changing. But, is this online trial truly fair? In this chapter I take some central points from the (...) philosophy of John Rawls and Hannah Arendt to explore under what conditions these online trials might be adequate. (shrink)

Most objectivist and dispositionalist theories of color have tried to resolve the challenge raised by color variations by drawing a distinction between real and apparent colors. This paper considers such a strategy to be fundamentally erroneous. The high degree of variability of colors constitutes a crucial feature of colors and color perception; it cannot be avoided without leaving aside the real nature of color. The objectivist theory of color defended in this paper holds that objects have locally many different objective (...) colors. Most color variations are then real and result from the extreme richness of color properties. (shrink)

Este artigo tem como objetivo apresentar uma análise do riso no filme Coringa (Todd Phillips, 2019) enquanto paródia de elementos constituintes da sociedade atual, a qual incorpora uma sociedade humorística nos termos de Gilles Lipovetsky (2014) e onde os fenômenos do riso grotesco e dos Charivaris marcam presença sob formas reinventadas. Coringa apresenta diversos pontos de reflexão, dentre os quais, destacaremos o contexto social, onde a “leveza do humor” e o vínculo entre riso e violência prevalece. A atmosfera do humor (...) é a ambientação geral da atual sociedade, onde tudo precisa ter “graça” (os acontecimentos sérios, a vida política, as catástrofes etc.), uma sociedade humorística (LIPOVETSKY, 2014). Lipovetsky (2014) caracteriza essa sociedade por um clima de “leveza” geral. Mostraremos, porém, que o riso comumentemente assume sua face violenta, ou sob sua forma menos recorrente, o grotesco, apreendido sob o signo da inquietude, estranheza. Sua natureza é de denúncia, de apreensão do real (BAUDELAIRE, 1998); ou sob a outra mais comum, o riso de Charivari, que é de natureza grupal, segregadora e excludente, um riso inscrito na “lógica simbólica do ruído” que tem suas origens na Idade Média (GAUVARD, 1974; MINOIS, 2003). (shrink)

Prior to having its authenticity and transparency examined the openness of human existence may be said to need preservation as is, regardless of its receptivity and responsiveness to the truth of Being. Paradoxically, in self-sacrifice the fulfilment of Dasein’s ownmost potentiality-for-being is dependent upon a most radical disowning of itself. This investigation approaches self-sacrifice on the basis of its analogy with the creation of the work of art – as the peculiar fixation of the existing, already disclosed world of everydayness (...) within Dasein’s final absence. Finally, the suggestion is made that the incommensurable greatness of the heroic self-sacrifice needs to be itself preserved from the degradation brought about by massive and compulsive reproduction. Indo-Pacific Journal of Phenomenology , Volume 8, Edition 1 May 2008. (shrink)

O presente relato nasce de um projeto pedagógico desenvolvido na Aldeia Tupinikim de Comboios, município de Aracruz- ES, durante a disciplina Projetos de Pesquisa e Prática Pedagógica – PPPP III, no curso de Licenciatura Intercultural Indígena Tupinikim e Guarani, do Programa de Licenciaturas Indígenas – PROLIND, oferecido pela Universidade Federal do Espírito Santo – UFES. O projeto teve como objetivos: Pesquisar com os mais velhos os tipos de trançados, colaborando na reafirmação cultural do nosso povo Tupiniquim; Reconhecer os tipos de (...) trançados Tupiniquim; Confeccionar alguns tipos de trançados; Produzir textos coletivos a partir dos trançados e analisar o processo de letramento a partir de atividades contextualizadas. O projeto se apoiou metodologicamente na pesquisa-ação com intuito de identificar as técnicas e manuseios dos trançados Tupinikim, construindo momentos de partilhas com os anciãos e intercâmbios entre outras aldeias Tupinikim. (shrink)

This commentary argues that Gallagher's account of direct social perception has remained underdeveloped in several respects. Gallagher has not provided convincing evidence to support his claim that mindreading is rare in social situations. He and other direct perception theorists have not offered a substantive critique of standard theories of mindreading because they have attacked a much stronger claim about the putative unobservability of mental states than most theories of mindreading imply. To provide a genuine alternative to standard theories of mindreading, (...) the direct perception theorist needs to provide more detailed answers to the following questions: What are the criteria for distinguishing perceptual processes from non-perceptual processes? How exactly does direct social perception function on the subpersonal level? What is the content of direct social perception? How does direct perception theory relate to more recent developments in the mindreading literature? (shrink)

Before 1933 commentaries on laws were exclusively juristic texts, written and read only by legal professionals. Beginning in 1934, scholars from different disciplines, especially medical scientists, began writing juristic commentaries. The essay examines the reasons for this development and explores how it changed the genre, using the example of the most important commentary on theBlutschutz-andEhegesundheitsgesetz, which resulted from the collaboration of two medical professionals and a legal professional. The article argues that the recruitment of non-juristic authors and the corresponding methodological (...) changes were caused by a debate on a possible “reform” of juristic commentaries which took place in law journals. From the perspective of the National Socialist regime, the genre in its traditional form was not compatible with the Third Reich’s philosophy of law.In this new genre, commentaries not only referred to legal problems, but also dealt with issues from other disciplines, such as medical questions. The essay modifies Mitchell G. Ash’s theoretical approach regarding the “entanglement” of jurisprudence and other disciplines. Law and other sciences became, according to Ash, “resources for one another”: Legal scholars could claim that legal decisions were based on scientific facts and therefore “unquestionable.” The affected disciplines also gained greater importance as a result of this process in which their findings becoming legally relevant. This transformation also enabled them to acquire resources for new research projects.Moreover, the essay examines the connection between this development and the change of audience within German courts. Not only did the authors of the commentaries change, but also the recipients: Many laws passed after 1933 introduced new courts using lay judges, professionals with a non-law background. These “experts” came from multiple fields connecting them to the new law, such as medical professionals. (shrink)

ZusammenfassungAb 1934 traten vermehrt Wissenschaftler unterschiedlicher Disziplinen, insbesondere Mediziner, als Autoren einer vormals rein rechtswissenschaftlichen Fachtextgattung auf, nämlich des juristischen Kommentars. Der folgende Text geht am Beispiel des maßgeblichen, von zwei Ärzten und einem Juristen verfassten Rechtskommentars zum Blutschutz- und Ehegesundheitsgesetz von 1935 der Frage nach, wie sich dadurch die Gesetzeserläuterung veränderte. Hintergrund ist eine ab 1934 in den juristischen Fachzeitschriften geführte Debatte um eine Reform des Genres Gesetzeskommentar, das in seiner herkömmlichen Anlage als inkompatibel mit dem nationalsozialistischen Rechtsdenken galt.Der (...) Aufsatz versucht diesen Prozess in Ausweitung des Theorieansatzes Mitchell G. Ashs als „Verflechtung“ des Rechts mit anderen Wissenschaften zu begreifen, die zu beiderseitigem „Vorteil“ war: Auf der einen Seite konnte sich die Jurisprudenz auf vorgeblich „wissenschaftlich-objektive“ Befunde berufen, die, anders als juristische Abwägungen – so die Suggestion –, als „nicht hinterfragbar“ angesehen wurden. Andererseits verlieh die unmittelbare Rechtsrelevanz bestimmter Befunde aus den betreffenden Wissenschaften diesen Disziplinen insgesamt einen höheren gesellschaftlichen Stellenwert, der wiederum die Erschließung neuer Forschungsfelder ermöglichte.Geprüft wird außerdem ein möglicher Zusammenhang mit einer partiellen Veränderung der Gerichtslandschaft: Mit der verstärkten Gesetzeskommentierung durch Nicht-Juristen erweiterte sich schließlich auch der Adressatenkreis der betreffenden Schriften. Auf Grundlage vieler ab 1933 geschaffener Gesetze wurden neue Gerichte ins Leben gerufen, an denen sogenannte sachkundige Laienrichter mitentschieden – „Fachleute“ aus den Disziplinen, auf die sich die Gesetzgebung nun berief. (shrink)