Collection of original essays on human rights Content: Höffe, Otfried: Transzendentaler Tausch. Eine Legimitationsfigur für Menschenrechte? Tugendhat, Ernst: Die Kontroverse um die Menschenrechte. Lohmann, Georg: Menschenrechte zwischen Moral und Recht. Koller, Peter: Der Geltungsbereich der Menschenrechte. Wildt, Andreas: Menschenrechte und moralische Rechte. Gosepath, Stefan: Zu Begründungen sozialer Menschenrechte. O'Neill, Onora: Transnationale Gerechtigkeit. Böckenförde, Ernst-Wolfgang: Ist Demokratie eine notwendige Forderung der Menschenrechte?. Alexy, Robert: Die Institutionalisierung der Menschenrechre im demokratischen Verfassungsstaat. Wellmer, Albrecht: Menschenrechte und Demokratie. Dworkin, Ronald: Freiheit, Selbstregierung (...) und der Wille des Volkes. Okin, Susan Moller: Konflikte zwischen Grundrechten. Shue, Henry: Menschenrechte und kulturelle Differenz. Pogge, Thomas: Menschenrechte als moralische Ansprüche an globale Institutionen. (shrink)

The essay is a critical revision of various of Marx’s approaches in his analysis of capitalism in “Das Kapital”. One can distinguish immanent, normative critiques from transcendental and objectivistic ones. The review of the normative standards used in each case leads to the questions of how Marx determined and used the relationships of justice and law and the capitalist mode of production. Orthodox Marxist views (most recently C. Menke) claim that Marx did not criticise capital as unjust and understood the (...) law of capital only as private law that stabilised domination. Against this, it is shown that he certainly bases his “critical presentation” on an (almost Kantian) constitutional (“rechtsstaatliches”) concept of private law and public law. Thus the “popular prejudice” of “human equality”, defined by Marx as an epochal and systematic condition of the capitalist exchange of goods, becomes apparent as a covert reference to the historical (America, French Revolution),public-lawdeclarations of human rights. And in the chapter “Struggle for the length of the working day” Marx presents the decisions of this dispute between “equal rights” first and foremost in the systematic historical actions of the constitutional powers (legislature, executive and judiciary). At the same time, however, he attempts to ironise and defame this public-law and deliberative, democratic dispute and then to misinterpret it as a violent “civil war”. Because Marx in his further presentation ignores this legal-democratic dispute, including a potential human-rights critique and (possible!) future regulation of capitalism, focussing instead on objectivist concepts of history and development, he can only insufficiently grasp the still challenging relationship between democracy and capitalism. (shrink)

Name der Zeitschrift: Deutsche Zeitschrift für Philosophie Jahrgang: 66 Heft: 4 Seiten: 558-572.

ZusammenfassungMarx und Simmel gehören zur Tradition der Moderne, die seit Rousseau und Hegel die moderne Gesellschaft für verschiedene Phänomene der „Entfremdung“ kritisiert. Während der junge Marx noch eindeutig „Entfremdung“ negativ bewertet, analysiert und bewertet der reife Marx des Kapitalbuches Entfremdungsphänomene als differente „Verdinglichungen“ und „Vergleichgültigungen“ und bewertet diese Indifferenzen kontextspezifisch positiv oder negativ. Ihm folgt Georg Simmel, der besonders in seiner „Philosophie des Geldes“ Indifferenz als Signatur der modernen Gesellschaft bestimmt und für ihre negativ bewerteten Auswirkungen positive Kompensationen aufzeigt (...) und verfolgt. Der Aufsatz skizziert Marxens Analyse und Kritik von Kapital-verursachten Indifferenzen und verfolgt dann Simmels mehr kulturphilosophische Diagnosen von gesellschaftlichen Indifferenzen an den Phänomenen „Lebensstil“, „Ästhetisierung des Lebens“, „Tragödie der Kultur“ u. a. mehr, die alle auf die Frage hinauslaufen: Warum gelingt der Übergang von modernen Befreiungsprozessen durch Indifferenzen zu neuen Bindungen nicht „vollständig“? (shrink)

No entendimento de Habermas, "direito", na expressão "direitos humanos", é um conceito jurídico, donde direitos humanos, para ele, serem direitos jurídicos, normas legais declaradas em atos de fundações do Estado ou anunciadas em convenções do direito internacional e/ou constituições estatais. Ao conceber assim os direitos e tematizar os direitos humanos numa abordagem tríplice (focando-os entre moral, direito e política), ele fornece diferentes definições teóricas dos direitos humanos. O texto apresenta uma exposição sistemática dessas definições e focaliza os diferentes problemas que (...) motivaram Habermas a alterar e ampliar suas concepções de direitos humanos. In the understanding of Habermas, "right" in the phrase "human rights" is a legal concept, where human rights are legal rights, i.e., legal norms declared in acts of foundations of the State or announced conventions of international law and/or State constitutions. By conceiving of rights in this way and by treating human rights in a threefold approach (placing them between morals, law and politics), he presents different theoretical definitions of human rights. This paper presents a systematic exposition of these definitions, and focuses on the different problems that motivated Habermas to change and expand his conceptions of human rights. (shrink)

No entendimento de Habermas, "direito", na expressão "direitos humanos", é um conceito jurídico, donde direitos humanos, para ele, serem direitos jurídicos, normas legais declaradas em atos defundações do Estado ou anunciadas em convenções do direito internacional e/ou constituições estatais. Ao conceber assim os direitos e tematizar os direitos humanos numa abordagem tríplice (focando-os entre moral, direito e política), ele fornece diferentes definições teóricas dos direitos humanos. O texto apresenta uma exposição sistemática dessas definições e focaliza os diferentes problemas que motivaram (...) Habermas a alterar e ampliar suas concepções de direitos humanos. (shrink)

Name der Zeitschrift: Deutsche Zeitschrift für Philosophie Jahrgang: 64 Heft: 3 Seiten: 465-479.

Since the founding of the UN, the protection of human rights has been a national and international challenge. In international human rights covenants, State Parties firstly commit themselves to respecting human rights in their respective constitutional area and to protecting and possibly incorporating them into the relevant constitution, but, secondly, they also submit to an international control. National protection is usually organized by different institutions, but also accompanied by critical NGOs and the national civil public. International protection is on the (...) one hand implemented by a number of international organizations and institutions, but on the other hand is accompanied by a critical, now regionally and internationally operating public. This includes a number of permanent NGOs, but also ad hoc groups, tribunals and the various media and anonymous campaigns on the Internet and the social networks. This paper examines the functions and tasks of such concomitant national and international public spheres and tries to assess their importance for the protection of human rights. (shrink)

In Germany the question whether to uphold or repeal the judicial prohibition on Pre-implantation Genetic Diagnosis is being debated from quite different standpoints. This paper differentiates the major arguments according to their reasons as a) moral, b) evaluative , and c) legal. The arguments for and against PGD can be divided by content into three groups: arguments relating to the status of the embryo, focusing on individual actions in the implementation of PGD, and relating to the foreseeable or probable consequences (...) of PGD.In Germany, from a legal perspective, the status of the embryo does not permit the intervention of PGD; from a purely moral perspective, a prohibition on PGD does not appear defensible. It remains an open question, however, whether the moral argument permitting PGD should be restricted for evaluative reasons. The paper discusses the species-ethical reasons, for which Jürgen Habermas sees worrisome consequences in the wake of PGD to the extent that we comprehend it as the forerunner of a ‘positive eugenics’. It would so disrupt the natural preconditions of our universal morality. The question of whether to prohibit or allow PGD is not merely a question of simple moral and/or legal arguments, but demands a choice between evaluative, moral and species-ethical arguments, and the question remains open. (shrink)

The paper clarifies first a critical understanding of “progress”. Progress implies a development for the better, the comprehensive definition of which must be a conception of justice if progress is to justify global developments and political rule. Therefore a somewhat minimal but complex definition of “human rights justice”, as formulated in the international human rights pacts since 1948, is explained. Through this, the different but systematically interrelated human rights (liberty rights, justice rights, political rights, economic, cultural and social rights) can (...) allow for reflected and more comprehensive assessments of progress in different areas of development. But it is also necessary to integrate the specific progress developments into a comprehensive conception of human rights justice, the precise definition of which requires not only the observance of social but ultimately of all human rights, and in particular political participation rights. In the final section some problems of this approach will be discussed. (shrink)

The paper clarifies first a critical understanding of “progress”. Progress implies a development for the better, the comprehensive definition of which must be a conception of justice if progress is to justify global developments and political rule. Therefore a somewhat minimal but complex definition of “human rights justice”, as formulated in the international human rights pacts since 1948, is explained. Through this, the different but systematically interrelated human rights (liberty rights, justice rights, political rights, economic, cultural and social rights) can (...) allow for reflected and more comprehensive assessments of progress in different areas of development. But it is also necessary to integrate the specific progress developments into a comprehensive conception of human rights justice, the precise definition of which requires not only the observance of social but ultimately of all human rights, and in particular political participation rights. In the final section some problems of this approach will be discussed. (shrink)

The role of metaphysics in critique stands as a defining issue for the Frankfurt School theorists. Max Horkheimer himself claims that metaphysics serves as an instrument of domination, leading him to develop an interdisciplinary mate- rialism as a postmetaphysical alternative. Critics such as Georg Lohmann con- tend, however, that Horkheimer’s critique of instrumental reason is aporetic insofar as it undermines all metaphysical claims while implicitly making them. Since Horkheimer narrowly equates metaphysics with identity thinking, this article argues that (...) his appeal to nonidentity thinking as the foundation for critique is better understood as a form of antimetaphysics. This, however, leaves Horkheimer no better situated, since antimetaphysics remains a variant of metaphysics. While Horkheimer reproduces the techniques of domination he sought to avoid, this lapse into metaphysics warns of the difficult path that postmetaphysical thinking must navigate between the antipodes of metaphys- ical and antimetaphysical positions. (shrink)

In connection with research on humans, the term “vulnerability” is only appropriate to identify the special need for protection of certain sections of the population and individuals, if this term refers to the additional risk of certain groups of subjects. Authors who focus on the additional risk suffering of a subject group when defining vulnerability succeed in considering the specific worthiness of protection in a context-sensitive way. The attempt to define the risk–benefit assessment for vulnerable subject groups on a binding (...) basis faces considerable difficulties. This assessment depends both on the research situation and on the test subject. The normative aspect of this decision could be solved by referring to Rawl’s decision model of an original position. In cases where there is no benefit for the subject, arguments in the discussion of the risks and benefits that are based on a “group or overall benefit” and an “objective interest,” cannot be fully sustained. (shrink)

With Charles Sanders Peirce's semiotical theory two different kinds of creative metaphorical reasoning in science can be identified. The building of remainder metaphors is especially important for creating new scientific models. We show that the conveyor belt metaphor provides an excellent example for Peirce's theory. The conveyor belt metaphor has recently been invented in order to describe the oceanic transport system. The paradigm of the oceanic conveyor belt strongly influenced the geoscience community and the climate change discussion.

Rauprich O, Marckmann G, Vollmann J: Gleichheit und Gerechtigkeit in der modernen Medizin Content Type Journal Article Pages 71-75 DOI 10.1007/s10202-007-0032-0 Authors Elisabeth Weisser-Lohmann, Institut für Philosophie FernUniversität Hagen 58084 Hagen Germany Journal Poiesis & Praxis: International Journal of Technology Assessment and Ethics of Science Online ISSN 1615-6617 Print ISSN 1615-6609 Journal Volume Volume 5 Journal Issue Volume 5, Number 1.

The topic of a priori knowledge is approached through the theory of evidence. A shortcoming in traditional formulations of moderate rationalism and moderate empiricism is that they fail to explain why rational intuition and phenomenal experience count as basic sources of evidence. This explanatory gap is filled by modal reliabilism -- the theory that there is a qualified modal tie between basic sources of evidence and the truth. This tie to the truth is then explained by the theory of concept (...) possession: this tie is a consequence of what, by definition, it is to possess (i.e., to understand) one’s concepts. A corollary of the overall account is that the a priori disciplines (logic, mathematics, philosophy) can be largely autonomous from the empirical sciences. (shrink)

Idealist philosopher Georg Hegel defied the traditional epistemological distinction of objective from subjective and developed his own dialectical alternative. Remarkable for its breadth and profundity, this work combines aspects of psychology, logic, moral philosophy, and history to form a comprehensive view that encompasses all forms of civilization. Its three divisions consist of the subjective mind (dealing with anthropology and psychology), the objective mind (concerning philosophical issues of law and morals), and the absolute mind (covering fine arts, religion, and philosophy). (...) Wide-ranging in its influence, this survey of the evolution of consciousness is essential reading for all students of philosophy and history. (shrink)

TRANSLATORS PREFACE THE PRESENT TRANSLATION OF GEORG SIMMEL'S Schopen- hauer und Nietzsche: Ein Vortragszyklus (1907), ...

"This book is a sorely needed corrective. Animal Spirits is an important--maybe even a decisive--contribution at a difficult juncture in macroeconomic theory.

Contingent valuation surveys have tended to yield results that seem to go contrary to what is standardly seen as 'rational choice'. We argue that some of the inconsistencies arise because bids for public environmental goods in contingent valuation surveys are often motivated by moral considerations and ethical beliefs. We analyse the expected results of CV surveys given the existence of such ethical motivations, including the valuation of actions as well as states. It is found that we cannot expect bids made (...) on this basis to reveal preferences which obey the rules commonly assumed in the theory of consumer choice. The two standard reactions to these anomalies have been to attack the validity of the method, or to urge greater rigour in survey design and application. By contrast, we conclude that the usefulness of the method for evaluating options concerning environmental public goods depends critically on the problem definition. The method should be used for the direct evaluation of realistic policy packages, rather than to try to extract abstract values for invaluable goods. The conclusion accords with current trends, including the move towards the use of deliberative methodologies. (shrink)

Functionalism would be mistaken if there existed a system of deviant relations (an “anti-mind”) that had the same functional roles as the standard mental relations. In this paper such a system is constructed, using “Quinean transformations” of the sort associated with Quine’s thesis of the indeterminacy of translation. For example, a mapping m from particularistic propositions (e.g., that there exists a rabbit) to universalistic propositions (that rabbithood is manifested). Using m, a deviant relation thinking* is defined: x thinks* p iff (...) x thinks m(p). Such deviant relations satisfy the commonly discussed functionalist psychological principles. Finally, a more complicated system of deviant relations is constructed, one satisfying sophisticated principles dealing with the self-conscious rational mind. (shrink)

Physics underlies all complexity, including our own existence: how is this possible? How can our own lives emerge from interactions of electrons, protons, and neutrons? This book considers the interaction of physical and non-physical causation in complex systems such as living beings, and in particular in the human brain, relating this to the emergence of higher levels of complexity with real causal powers. In particular it explores the idea of top-down causation, which is the key effect allowing the emergence of (...) true complexity and also enables the causal efficacy of non-physical entities, including the value of money, social conventions, and ethical choices. (shrink)