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Concerning the need for a new conception of legal theory one question arises, above all, especially when external and internal observation as well as the critical reflexion on the premises and presuppositions of all dealings with the law permit a degree of distance, the question, namely, whether it is not an increasing application of scientific methods that is needed, in the sense that the development of a theory from the beginning involves the integration of a norm‐descriptive point of view and (...) intellectual standpoint with the norm‐ prescriptive theory of law, by way of complementing each other, as it were (multilevel approach to law). This, at least, appears to be the only way of also clarifying the relationship between legal theory and philosophy and the theory and sociology of law. The inevitable consequences of the development of a theory of norms and action also have to be drawn from this. (shrink)

Legal theory usually distinguishes only two kinds of legal realism: the American and the Scandinavian. Another school of this theoretical perspective is German legal realism, which refers to scholars like Ihering, Weber, and Schelsky. According to German legal realism, the author outlines what legal theory can do to persuade modern jurisprudence to face the social reality of law, conceived as institutionalized normative communication. The latter always occurs with reference to already valid and effectively operative legal norms which are used in (...) an established, normatively binding legal practice in a given regional society. (shrink)

Papers presented at Symposium "Ideologiekritik und Politische Theorie bei Hans Kelsen" held May 15-17, 1981, at Schloss Retzhof near Leibnitz, Austria.

A legal system consists of a complex body of practices—primary and secondary—, particularly practices of reasoning and justification. The intellectual, theorized aspect of legal order is embodied in legal doctrine: the corpus of norm-sentences, norms and rules, principles, doctrines and concepts used as basis for legal reasoning and justification. It includes elaborate conceptual structures of principles and doctrines, explicit and sophisticated forms of reflection and criticism. It is only when we have understood the nature of legal doctrine that we can (...) comprehend the workings of courts, lawyers and even legislatures. Concerning the need for a new conception of legal theory one question arises, above all, especially when external and internal observation as well as the critical reflection of the premises and presuppositions of all dealings with the law permit a degree of distance, the question, namely, whether it is not an increasing application of scientific methods that is needed, in the sense that the development of a legal theory from the beginning involves the integration of a norm-descriptive point of view and intellectual stand-point with the norm-prescriptive theory of law, by way of complementing each other, as it were (multi-level-approach to law). This, at least, appears to be the only way of clarifying also the relationship between le­gal theory and philosophy and the theory and sociology of law. The inevitable consequences of the development of a theory of norms and action also have to be drawn from this. (shrink)

Plato's dialogues frequently criticize traditional Greek myth, yet Plato also integrates myth with his writing. Daniel S. Werner confronts this paradox through an in-depth analysis of the Phaedrus, Plato's most mythical dialogue. Werner argues that the myths of the Phaedrus serve several complex functions: they bring nonphilosophers into the philosophical life; they offer a starting point for philosophical inquiry; they unify the dialogue as a literary and dramatic whole; they draw attention to the limits of language and the (...) limits of knowledge; and they allow Plato to co-opt cultural authority as a way of defining and legitimating the practice of philosophy. Platonic myth, as a species of traditional tale, is thus both distinct from philosophical dialectic and similar to it. Ultimately, the most powerful effect of Platonic myth is the way in which it leads readers to participate in Plato's dialogues and to engage in a process of self-examination. (shrink)

Big data biology—bioinformatics, computational biology, systems biology (including ‘omics’), and synthetic biology—raises a number of issues for the philosophy of science. This article deals with several such: Is data-intensive biology a new kind of science, presumably post-reductionistic? To what extent is big data biology data-driven? Can data ‘speak for themselves?’ I discuss these issues by way of a reflection on Carl Woese’s worry that “a society that permits biology to become an engineering discipline, that allows that science to slip into (...) the role of changing the living world without trying to understand it, is a danger to itself.” And I argue that scientific perspectivism, a philosophical stance represented prominently by Giere, Van Fraassen, and Wimsatt, according to which science cannot as a matter of principle transcend our human perspective, provides the best resources currently at our disposal to tackle many of the philosophical issues implied in the modeling of complex, multilevel/multiscale phenomena. (shrink)

According to an optimistic view, affective empathy is a route to knowledge of what it is like to be in the target person’s state (“phenomenal knowledge”). Roughly, the idea is that the empathizer gains this knowledge by means of empathically experiencing the target’s emotional state. The literature on affective empathy, however, often draws a simplified picture according to which the target feels only a single emotion at a time. Co-occurring emotions (“concurrent emotions”) are rarely considered. This is problematic, because concurring (...) emotions seem to support a sceptical view according to which we cannot gain phenomenal knowledge of the target person’s state by means of affective empathy. The sceptic concludes that attaining the epistemic goal of affective empathy is difficult, in practice often impossible. I accept the sceptic’s premises, but reject the conclusion, because of the argument’s unjustified, hidden premise: that the epistemic goal of affective empathy is phenomenal knowledge. I argue that the epistemic goal of affective empathy is phenomenal understanding, not knowledge. Attention to the under-explored phenomenon of concurring emotions clarifies why this is important. I argue that this is the decisive epistemic progress in everyday cases of phenomenal understanding of another person. (shrink)

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain (...) in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

Der Band vereinigt 20 Studien zu Nietzsche von Werner Stegmaier, der in den vergangenen drei Jahrzehnten der internationalen Nietzsche-Forschung starke Impulse gegeben und zuletzt achtzehn Jahre lang, zusammen mit Günter Abel, die Nietzsche-Studien, das international führende Organ der Nietzsche-Forschung, geleitet und die Monographien und Texte zur Nietzsche-Forschung herausgegeben hat. Die Studien handeln von Grundfragen der Philosophie Nietzsches. Sie setzen ein (I) mit seiner Neubestimmung der Wahrheit und der Philosophie und (II) seiner Verzeitlichung des Denkens unter (III) Verzicht auf, die (...) Vernunft' bei der Bestimmung des Menschen, interpretieren von hier aus (IV) die Anti-Lehren von Nietzsches Zarathustra, umreissen (V) Nietzsches Ethik für, gute Europäer' und schliessen (VI) mit der Interpretation von Nietzsches Selbsteinschätzung als Schicksal der Philosophie und der Menschheit (Ecce homo, Warum ich ein Schicksal bin 1) und einer Einschätzung von Nietzsches Zukunft, die schon seit über einem Jahrhundert begonnen hat. Werner Stegmaier, Jahrgang 1946, war Gründungsdirektor des Instituts für Philosophie der Universität Greifswald nach dem Zusammenbruch der Sowjetunion und baute das Nord- und osteuropäische Forum für Philosophie auf, das Institute für Philosophie rund um die Ostsee neu miteinander ins Gespräch brachte und dort zu philosophischen Neuorientierungen beitrug. Er hat auf vielfältigen Gebieten gearbeitet, unter anderem zur Metaphysik und ihrem Grundbegriff der Substanz, zu grossen Philosophen von der Antike bis zur Gegenwart, zur philosophischen Aktualität der jüdischen Tradition, vor allem aber zur Philosophie Nietzsches. Dabei ging es ihm stets um Fragen der Ersten Philosophie, insbesondere die, was unsere Realität ausmacht, wie sie durch Zeichen und Kommunikation vermittelt wird, wie Begriffe in der Zeit existieren und womit man es beim Denken zu tun hat. Er führte den Begriff der Orientierung als elementaren Begriff der Philosophie ein und entwickelte eine umfassende Philosophie der Orientierung."--Publisher's website. (shrink)

Proponents of impure moral perception claim that, while there are perceptual moral experiences, these experiences epistemically depend on a priori moral knowledge. Proponents of pure moral perception claim that moral experiences can justify independently of substantive a priori moral knowledge. Some philosophers, most notably David Faraci, have argued that the pure view is mistaken, since moral perception requires previous moral background knowledge, and such knowledge could not itself be perceptual. I defend pure moral perception against this objection. I consider two (...) ways to understand the notion of “background knowledge” that is crucial to the objection. On a reading, the claim that background knowledge is necessary for moral perception is likely false. On a second and weaker reading, the claim is true, but the background knowledge in question could be perceptual, and thus compatible with pure moral perception. Thus, the objection fails. (shrink)

The differential activation hypothesis (DAH; Teasdale, 1988) proposes that individuals who are vulnerable to depression can be distinguished from non-vulnerable individuals by the degree to which negative thoughts and maladaptive cognitive processes are activated during sad mood. While retrieval of negative autobiographical memories is noted as one such process, the model does not articulate a role for deficits in recalling positive memories. Two studies were conducted to compare the autobiographical memory characteristics of never-depressed and formerly depressed individuals following a sad (...) mood induction. In Study 1, features of negative memories of never-depressed and formerly depressed individuals did not differ, either in neutral or sad mood. For positive memories, groups did not differ in neutral mood, but following a sad mood induction, formerly depressed individuals rated their positive memories as less vivid than their never-depressed counterparts. Study 2 examined positive autobiographical memory features more comprehensively and replicated the finding that in a sad mood formerly depressed individuals recalled less vivid positive memories than never-depressed controls. These findings suggest that the phenomenological features of positive memories could represent an important factor in depressive vulnerability, and, more broadly, that depression may be associated with a deficit in the processing of positive material. (shrink)

This work argues that at populism's core is a rejection of pluralism. Populists will always claim that they and they alone represent the people and their true interests. Müller also shows that, contrary to conventional wisdom, populists can govern on the basis of their claim to exclusive moral representation of the people: if populists have enough power, they will end up creating an authoritarian state that excludes all those not considered part of the proper "people." The book proposes a number (...) of concrete strategies for how liberal democrats should best deal with populists and, in particular, how to counter their claims to speak exclusively for "the silent majority" or "the real people." - Provided by the publisher. (shrink)

Proceedings of an international conference held at the Herzog August Bibliothek Wolfenbèuttel in 2009.