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

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

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

Rational agents are supposed to maximize expected utility. But what are the options from which they choose? I outline some constraints on an adequate representation of an agent’s options. The options should, for example, contain no information of which the agent is unsure. But they should be sufficiently rich to distinguish all available acts from one another. These demands often come into conflict, so that there seems to be no adequate representation of the options at all. After reviewing existing proposals (...) for how to construe decision-theoretic options and finding them all wanting, I suggest that our model of rational agents should include a special domain of ‘virtual’ option propositions to serve as formal objects of deliberation and choice. (shrink)

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

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

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

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

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

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

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

Name der Zeitschrift: Neue Zeitschrift für Systematische Theologie und Religionsphilosophie Jahrgang: 56 Heft: 4 Seiten: 473-488.

Dieses Buch geht davon aus, dass eine moderne Hermeneutik als Theorie des Verstehens im begrifflichen Rahmen der gegenwärtigen Theorie des Geistes und der Semantik rekonstruiert werden sollte. Vor diesem theoretischen Hintergrund, der in einem eigenen Kapitel näher umrissen wird, soll die Geschichte der Hermeneutik neu gelesen werden. Dabei wird deutlich, dass diese Lesart vielfach neue historische Interpretationen zu entwickeln und die wichtigsten Stationen der Geschichte der Hermeneutik theoretisch auf neue Weise zu integrieren vermag. Über die hermeneutischen Positionen hinaus, die in (...) den bisherigen Gesamtdarstellungen auftauchen, werden auch Entwürfe diskutiert, die besonders unter geist-theoretischen Aspekten interessant sind, zum Beispiel die antike Hermeneutik, die Hermeneutik Max Webers, die Hermeneutik der logischen Empiristen und die naturalistische Hermeneutik. Vor allem aber wird belegt, dass die Geschichte der Hermeneutik teilweise zu großen Einsichten gelangt ist, an die eine moderne Hermeneutik anknüpfen kann. Das Buch wendet sich nicht nur an Spezialisten der Hermeneutik-Geschichte, sondern an alle Interessierten, denen das Schicksal der verstehenden Wissenschaften am Herzen liegt, und möchte ihnen eine Perspektive empfehlen, unter der sich der Status und die Autonomie der Geisteswissenschaften sowie ihr Bezug auf das Humane unter Heranziehung substantieller Theorien auf neue Weise würdigen lassen. (shrink)

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

Evil should be characterised as a specific constellation, which results from destructive connections between individual activities and systemic influences. The article shows some important aspects of the structure of evil and prefers the terms of wickedness and obscene coincidences to describe its own character. Therefore, also the division between rationality and affectivity appears as inadequate, because evil has on the one side an intrinsic attractiveness for individuals and is on the other side in modern societies more and more a product (...) of a rationality, which is free from passion. Especially the emotional impoverishment is responsible for the increase of evil, which is demonstrated by two examples. Based on Paul Ricoeur, the evolution of malum can be developed by a short analyse of the relationship between Ethics and Emotions. (shrink)

This article describes the intrinsic ambivalence of the face-to-face communication and gives examples to support its thesis, that there is no reason for preferring a concept of human understanding, which ignores the medial influences for personal communication in modern societies. The remembrance ofGod's invisibility also gives- especially for theological ethics - some further aspects to transform the traditional opinion, that only the visibility and authentic presentation of persans can be a good foundation formoral acting.

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

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

Der weit gereiste Henrik Steffens schildert im vierten Band seiner zehnbändigen Autobiographie Was ich erlebte eine Begegnung mit Fichte gegen Ende des Jahres 1793.

Der weit gereiste Henrik Steffens schildert im vierten Band seiner zehnbändigen Autobiographie Was ich erlebte eine Begegnung mit Fichte gegen Ende des Jahres 1793.

Ethical notions such as good and bad, are often treated as though they were ?symmetric? in the sense of having the same moral ?weight?, one in a positive the other in a negative sense. I argue that they are in fact ?asymmetric? and that the negative members of such pairs of notions are more fundamental and definite, logically speaking, and operationally more important than the positive members. Detailed arguments are given to show this for some non?moral notions, such as life (...) and death, health and illness; some semi?moral notions such as pleasure and pain; and finally for the moral notions of happiness, benevolence, right, and good and their negative counterparts. One of the intentions of the article is to show that a systematic view of such asymmetries may have consequences for one's view of the proper or desirable structure of a general theory of ethics: norms stating prohibitions and norms stating permissions will be seen to be, in a sense defined in the text, more fundamental and important than norms stating ('positive') obligations. (shrink)

This book has grown out of eight years of close collaboration among its authors. From the very beginning we decided that its content should come out as the result of a truly common effort. That is, we did not "distribute" parts of the text planned to each one of us. On the contrary, we made a point that each single paragraph be the product of a common reflection. Genuine team-work is not as usual in philosophy as it is in other (...) academic disciplines. We think, however, that this is more due to the idiosyncrasy of philosophers than to the nature of their subject. Close collaboration with positive results is as rewarding as anything can be, but it may also prove to be quite difficult to implement. In our case, part of the difficulties came from purely geographic separation. This caused unsuspected delays in coordinating the work. But more than this, as time passed, the accumulation of particular results and ideas outran our ability to fit them into an organic unity. Different styles of exposition, different ways of formalization, different levels of complexity were simultaneously present in a voluminous manuscript that had become completely unmanageable. In particular, a portion of the text had been conceived in the language of category theory and employed ideas of a rather abstract nature, while another part was expounded in the more conventional set-theoretic style, stressing intui tivity and concreteness. (shrink)

Magnetism in meta-semantics is the view that the meaning of our words is determined in part by their use and in part by the objective naturalness of candidate meanings. This hypothesis is commonly attributed to David Lewis, and has been put to philosophical work by Brian Weatherson, Ted Sider and others. I argue that there is no evidence that Lewis ever endorsed the view, and that his actual account of language reveals good reasons against it.

Summary Plato and Aristotle understood phenomena to be knowable to the extent that they participate in the reality of the unchangeable, and this attitude was appropriated by the church fathers as a way of exploring the world’s dependence on its Creator. Luther’s insistence on the world’s sinfulness and on salvation as one-sidedly dependent on divine agency has been criticized as a rejection of this understanding of the inherent goodness of the world, thus paving the way for the secularized world view (...) of modernity. Among these critics is Erich Przywara in his works up to and including his book Analogia Entis from 1932. However, in 1952 Przywara published an article where he found Luther’s theology of exchange to be a close parallel to his own doctrine of analogia entis, the implication being that Luther is closer to a Catholic understanding of the world’s relationship with God than mainstream post-Enlightenment Protestantism, and this article is an attempt to substantiate that claim. (shrink)

This book, formed as a series of essays in honour of Professor Carl Baudenbacher, addresses the very art of judicial reasoning, and features contributions from many of the foremost current or former national, supranational, or international judges. This unique volume is intended first and foremost for legal scholars, but its approachable style makes it readily accessible for students and for those with a general interest in the application of the law and justice in today's multi-layered world. The collection of essays (...) is rather more philosophical and reflective as opposed to doctrinal. Each contribution focuses on the nature and operation of justice, the independence of the judiciary, and on judicial style primarily from the perspective of the judges themselves. The book provides perspectives on what it means to be accountable and independent as a judge, the role of language and languages in the quest for justice, while other contributions acquaint readers with the some of the structures of courts themselves, or indeed question for whom judgments are written. Each chapter has been written by a presiding judge, or head of an institution and the book is divided into three parts: - Part I Art and Method - Part II Justice and the Judiciary - Part III Reasoning and Language(s). (shrink)

Throughout the ages writers have been concerned with contemporary problems. Their reflection became part of their literary works. By tracing and interpretating mathematical references in literature information can be obtained: on the attitude towards mathematics, on its prestige in society, its cultural recognition and its significance for education. This article analyses the implication of mathematics in some exemplary novels, essays and theoretical writings on literature of authors from the 17th to the 20th century.