One of the most fascinating but also one of the most criticised legal theories in the USA for the last years have been the Critical Legal Studies which emerged some thirty years ago and queried the hegemonic views on the law and the law system in the US. This essay especially tries to analyse the position of one of the leading representatives of this so called “movement” - Duncan Kennedy - towards the role of judges in the US-American legal system. (...) As the American legislation and adjudication have intensified their ambitions to extend their power of jurisdiction - all thus going hand in hand with a restriction of the human rights - a view on a critical and progressive US-American theory of jurisdiction is of great importance. (shrink)

Feministische Aktivist*innen haben sich schon immer verschiedener Medien bedient, um zu kommunizieren, sich zu artikulieren und zu vernetzen. Durch die Digitalisierung und die damit verbundenen Möglichkeiten erweitern sich feministische Aktionsräume und verlagern sich zunehmend ins Social Web. So lässt sich feststellen, dass Plattformen wie twitter, instagram oder auch facebook vielfach genutzt werden, um feministische Anliegen in die Öffentlichkeit zu tragen. Der gegenwärtige mediale Diskurs um feministische Ideen und Forderungen wird dabei maßgeblich durch antifeministische Akteur*innen beeinflusst, deren Anliegen es ist, feministische (...) Stimmen aus dem medialen Raum zu verbannen. Die vorliegende Arbeit greift diese Thematik auf und geht der Frage nach, wie feministische Aktivist*innen antifeministische, digitale Gewalt wahrnehmen und damit umgehen. Die Ergebnisse verweisen darauf, dass insbesondere Aspekte der Sexuellen Identität und der Mehrfachdiskriminierung entscheidend sind für das Ausmaß der digitalen Gewalt, die erfahren wird. Weiterhin wird deutlich, welche Rolle Solidarität, Vernetzung und Empowerment im Kampf gegen den Antifeminismus spielen. Die Autorin Anja Roß studierte Pädagogik und Soziologie an der Universität Bielefeld. Sie arbeitet als wissenschaftliche Mitarbeiterin am Institut für Pädagogik an der Universität Oldenburg. Hier promovierte sie 2024 zum feministischen Aktivismus im Social Web und den Umgang mit digitaler Gewalt. (shrink)

The focus of this article is on elderly patients’ and nursing staff perceptions of privacy in the care of elderly patients/residents in five European countries. Privacy includes physical, social and informational elements. The results show that perceptions of privacy were strongest in the UK (Scotland) and weakest in Greece. Country comparisons revealed statistically significant differences between the perceptions of elderly patients and also between those of nurses working in the same ward or long-term care facility. Perceptions of privacy by patients (...) and their nursing staff were quite similar in Finland, Germany and the UK. In contrast, in Greece and Spain these perceptions were different: nurses believed that they took account of their patients’ privacy needs more often than the patients themselves felt this was the case. Among Spanish and UK patients, an association was found between lower levels of independence and comparatively less positive perceptions of privacy. No associations were established between nurses’ perceptions and their demographic factors. This is the third of a set of five articles published together in this issue of Nursing Ethics in which the results of this comparative research project are presented. (shrink)

Ethical thought experiments such as the trolley dilemma have been investigated extensively in the past, showing that humans act in utilitarian ways, trying to cause as little overall damage as possible. These trolley dilemmas have gained renewed attention over the past few years, especially due to the necessity of implementing moral decisions in autonomous driving vehicles. We conducted a set of experiments in which participants experienced modified trolley dilemmas as drivers in virtual reality environments. Participants had to make decisions between (...) driving in one of two lanes where different obstacles came into view. Eventually, the participants had to decide which of the objects they would crash into. Obstacles included a variety of human-like avatars of different ages and group sizes. Furthermore, the influence of sidewalks as potential safe harbors and a condition implicating self-sacrifice were tested. Results showed that participants, in general, decided in a utilitarian manner, sparing the highest number of avatars possible with a limited influence by the other variables. Derived from these findings, which are in line with the utilitarian approach in moral decision making, it will be argued for an obligatory ethics setting implemented in ADVs. (shrink)

The focus of this article is on elderly patients’ and nursing staff perceptions of informed consent in the care of elderly patients/residents in five European countries. The results suggest that patients and nurses differ in their views on how informed consent is implemented. Among elderly patients the highest frequency for securing informed consent was reported in Finland; the lowest was in Germany. In contrast, among nurses, the highest frequency was reported in the UK (Scotland) and the lowest in Finland. In (...) a comparison of patients’ and nurses’ perceptions, nurses had more positive views than patients in all countries except Finland. Patients with less need for nursing interventions in Greece and Spain gave their consent less often. The German and Greek patients were older, and the results also point to an association between this and their lower frequency of giving consent. In Spain, patients who were married or who had a family member or friend to look after their personal affairs were more likely to be included in the group whose consent was sought less often. This is the fourth of a set of five articles published together in this issue of Nursing Ethics in which the results of this comparative research project are presented. (shrink)

Rhythmus figuriert in Joseph Conrads Heart of Darkness als wirkmächtige Sinneserfahrung, die Körper affiziert und auf diese Weise Gemeinsamkeiten zwischen Menschen und Maschinen oder aber Europäern und »Barbaren« herstellt. Er wird somit zu einem zentralen Ort der Aushandlung von Ängsten vor der Ansteckung durch das Fremde, wie sie für die britische Literatur zur Zeit der Jahrhundertwende typisch waren.

In this article, I discuss the commemoration of public figures such as Nelson Mandela and Yitzhak Rabin. In many cases, our commemoration of such figures is based on the admiration we feel for them. However, closer inspection reveals that most (if not all) of those we currently honour do not qualify as fitting objects of admiration. Yet, we may still have the strong intuition that we ought to continue commemorating them in this way. I highlight two problems that arise here: (...) the problem that the expressed admiration does not seem appropriate with respect to the object and the problem that continued commemorative practices lead to rationality issues. In response to these issues, I suggest taking a fictionalist position with respect to commemoration. This crucially involves sharply distinguishing between commemorative and other discourses, as well as understanding the objects of our commemorative practices as fictional objects. (shrink)

Die gängigen Prognosen, nach denen die Religionen im Kontext der Moderne oder im Zuge der Globalisierung an Bedeutung verlieren würden, haben sich nicht bestätigt. Das Gegenteil ist der Fall: Jenseits von nihilistischen Entwürfen und virtuellen Konstruktionen öffneten sich auch und gerade in der Literatur Räume für die Belebung religiöser Weltsicht. Ausgehend von Heinrich Böll und seiner Anfang der 1960er Jahre eingeleiteten Distanzierung von der Institution Kirche, wird am Beispiel von Botho Strauß und Peter Handke, die seit den 1970er und 1980er (...) Jahren eine ins Metaphysische zielende Subjektivität repräsentieren, eine Renaissance des Religiösen konstatiert, die sich in den Werken des jüngeren Autors Ralf Rothmann seit den 1990er Jahren mit selbstbewusster Deutlichkeit fortschreibt. Anhand der geistesgeschichtlichen Trias Gnostizismus, Philosophie und Mystik nimmt die Verfasserin eine Fokussierung vor, die die ästhetischen Konzeptionen der Autoren deutlich werden lässt und sie zueinander in Beziehung setzt. (shrink)

The view that agents are not obliged to do more than their initial fair shares when their fellow duty bearers fail to comply has prominent defenders, including Liam Murphy and David Miller. While Murphy thinks that asking agents to take up other agents’ slack would be unfair, Miller claims that slack-taking cannot be required because primary responsibility does not migrate from noncompliers to compliers. This paper argues, by contrast, that there are a number of circumstances in which there is a (...) duty to take up the slack even though it is unfair and even though responsibility stays where it is. The central claim is that what agents owe to third parties is a separate issue from how they relate to fellow duty bearers. This proposal also runs counter to familiar defenses of slack-taking that weigh its unfairness against the moral importance of the interests at stake for third parties. (shrink)

In light of new biomedical technologies, such as artificial reproduction, stem cell research, genetic selection and design, the question of what we owe to future persons-and unborn life more generally-is as contested as ever. In A Theory of Unborn Life: From Abortion to Genetic Manipulation, author Anja J. Karnein provides a novel theory that shows how our commitments to persons can help us make sense of our obligations to unborn life. We should treat embryos that will develop into persons (...) in anticipation of these persons. But how viable is this theory? Moreover, what does it mean to treat embryos in anticipation of the future persons they will develop into? Exploring the attractiveness of this approach for Germany and the U.S. - two countries with very different legal approaches to valuing unborn life-Karnein comes to startling conclusions to some of today's greatest ethical and legal debates. (shrink)

The influence of background music on cognitive functions is still a matter of debate. In this study, we investigated the influence of background music on executive functions (particularly on inhibitory functions). Participants completed a standardized cued Go/NoGo task during three different conditions while an EEG was recorded (1: with no background music, 2: with relaxing or 3: with exciting background music). In addition, we collected reaction times, omissions, and commissions in response to the Go and NoGo stimuli. From the EEG (...) data, event-related potentials (ERPs) were calculated for the Go and NoGo trials. From these ERPs, the N2 and P3 components were specifically analyzed since previous studies have shown that these components (and particularly the Go-NoGo difference waves) are strongly associated with inhibitory functions. The N2 and P3 components of the difference waves (N2d and P3d) were used for statistical analyses. The statistical analyses revealed no differences between the three conditions in terms of amplitudes and latencies of the N2d and P3d components. In addition, reaction times, omissions, and commissions were comparable across all conditions. Our results suggest that in the context of this paradigm, music as background acoustic stimulation has no detrimental effects on the performance of a Go/NoGo task and neural underpinnings. (shrink)

In highly structured organisational fields individual efforts to deal rationally with uncertainty and constraints tend to lead, in the aggregate, to greater homogeneity in structure, culture and output. Drawing on institutional theory, this paper develops research propositions regarding the nature and scope of corporate social responsibility (CSR) engagement at trade/industry association level. The cases of the water and sewerage and film industries are used in order to test these propositions. The findings suggest that (a) trade associations in more homogeneous industries (...) are more likely to engage with CSR‐related issues; (b) trade associations in industries that face greater external scrutiny and threats to legitimacy are more likely to engage with CSR‐related issues; and (c) trade associations are more likely to engage with those substantive CSR issues that are of greater concern to the industry's most salient stakeholders. The findings also suggest that trade associations may have a greater tendency to engage in symbolic legitimation efforts through CSR if faced with the task of repairing industry legitimacy. (shrink)

The aim of this paper is to investigate how children use their participation in research as a potential transformative social practice in everyday life. The concept of transformative social practice will be discussed in relation to the notion of transformation. Through empirical examples provided by Holly (12) and Oliver (11), the article argues that research processes open up possibilities for understanding ourselves (researchers and participants) in new ways. ‘Life Mapping’ - as dialogical method in research with children - will be (...) presented and reflected upon as a way for children to develop different understandings of themselves, their families, and everyday life. This emphasizes the connection between the use of child-relevant methodologies and how specific children can bring dialogues from the research process in to play in their everyday lives. Data is drawn from a qualitative study and is a part of a PhD project studying children’s everyday lives with two households as a result of parental divorce. The project involves ten children aged 8- 12 and their parents. (shrink)

Here we discuss the hypothesis that the RNA components of the Ro ribonucleoproteins (RNPs), the Y RNAs, can be processed into microRNAs (miRNAs). Although Ro RNPs, whose main protein components Ro60 and La are targeted by the immune system in several autoimmune diseases, were discovered many years ago, their function is still poorly understood. Indeed, recent data show that miRNA-sized small RNAs can be generated from Y RNAs. This hypothesis leads also to a model in which Ro60 acts as a (...) modulator in the Y RNA-derived miRNA biogenesis pathway. The implications of these Y RNA-derived miRNAs, which may be specifically produced under pathological circumstances such as in autoimmunity or during viral infections, for the enigmatic function of Ro RNPs are discussed. (shrink)

Abstract“12 × 12 = 144”. Psychological Certainty versus Logical Exclusion of Error in On Certainty, Illustrated by the Example of Artihmetic. The aim of this paper is to exemplify Wittgenstein’s distinction between a psychological certainty and the logical exclusion of error by considering his discussion of our use of simple calculations like “12 × 12 =144” in On Certainty. Three aspects seem to be relevant in this context: 1. Wittgenstein’s notes on our use of the word “to know” in the (...) context of these simple calculations (and on the irrelevance of inner states or processes for this use); 2. his discussion of the wish for “transcendental certainty” (OC 1975: 47); 3. his remarks on the logical exclusion of error. (shrink)

Aesthetics is no longer merely the philosophy of perception and the arts. Nelson Goodman, Arthur Danto and others have contributed to develop aesthetics from a field at the margins of philosophy to one permeating substantial areas of theoretical and practical philosophy. New approaches like environmental and ecological aesthetics widened the understanding of the aesthetics of nature. The contributions in this volume address the most important issues in contemporary aesthetics, many of them from a Wittgensteinian perspective. The 39th International Ludwig Wittgenstein (...) Symposium, organized by the Austrian Ludwig Wittgenstein Society, was held at Kirchberg am Wechsel, Lower Austria, from August 7th to 13th 2016 and aimed at taking an inventory of important tendencies and positions in contemporary aesthetics. The volume includes a selection of the invited papers. (shrink)

Thema dieses Buches ist weder die Philosophie der Zeit noch eine römische Chronologie, sondern eine Untersuchung der literarischen Reflexion der Zeitordnung in Rom. Es sagt wenig darüber, "wie es wirklich gewesen", und mehr darüber, wie diese Ordnung sprachlich konstituiert wurde, welche Metaphern sie hervorbrachte und welche Argumente im römischen Zeitdiskurs präsent waren. Wichtigstes Ziel ist die interpretatorische Erschließung der relevanten Texte und, daran anknüpfend, die Rekonstruktion des kulturellen Wissens in Bezug auf das tempus Romanum. Dieses Wissen konkretisiert sich in der (...) Darstellung der beiden Organisationsinstrumente der Zeit, Kalender und Uhr; es wird in die Kulturentstehungslehren integriert, der Kulturkritik unterworfen, für das Selbstbild Roms in Anschlag gebracht und in einem aemulatio-Verhältnis zu Griechenland und Ägypten gesehen. Interpretiert werden Texte von Plautus, Lukrez, Varro, Cicero, Caesar, Vitruv, Vergil, Livius, Ovid, Pomponius Mela, Plinius d.Ä., Sueton, Censorinus und Macrobius; ergänzend herangezogen werden motivisch relevante Passagen bei Hesiod, (Ps.-)Aischylos, Xenophon, Hekataios, Geminos, Plutarch, Iambulos, Lukian und Alkiphron. (shrink)

The institutional reform of the Belgian state seems to run parallel with a redefinition of the whole of Belgian society. 'Subnationalism' has overtaken the traditional ethno-linguistic definitions which used to provide a basis for political identification and mobilisation. The territorial demarcation of the regions and the politicisation of cultural life on both sides of the linguistic border constitute basic ingredientsfor 'nationbuilding'projects in Flanders and Wallonia. A number of elements are distinguished to explain why the 'nationalism' of the regions will have (...) repercussions on the political developments in the capital area. Language and territoriality have always played a special role in Brussels. Changes in connection with definitions of territoriality and identity now seem to create opportunities to redefine the relationship between the communities in Brussels. It is not inconceivable that, in the long run, the linguistic divide wilt fade out and wilt be replaced by an identification on the basis of a territorial criterion shared by all the Brussels' inhabitants. (shrink)

New forms of artificial intelligence on the one hand and the ubiquitous networking of “everything with everything” on the other hand characterize the fourth industrial revolution. This results in a changed understanding of human–machine interaction, in new models for production, in which man and machine together with virtual agents form hybrid teams. The empirical study “Socializing with robots” aims to gain insight especially into conditions of development and processes of hybrid human–machine teams. In the experiment, human–robot actions and interactions were (...) closely observed in a virtual environment. Robots as partners differed in shape and behavior. Participants were instructed to achieve an objective that could only be achieved via close teamwork. This paper unites different aspects from core disciplines of social robotics and psychology contributing to anthropomorphization with the empirical insights of the experiment. It focuses on the psychological effects on anthropomorphization and mechanization, taking the inter- and transdisciplinary field of social robotics as a starting point. (shrink)

Drawing on interviews with women and men who serve on the supervisory boards of German stock-listed companies, this qualitative study examines why some female directors seek to augment gender equality in their organizations while others do not. Those who take action do so both in formal board processes and in informal settings. A sense of belonging to women as a social group and a sense of responsibility for women in the organization are key factors in explaining why some female directors (...) contribute to gender equality. In addition, the study highlights the relevance of a board culture supportive of gender equality and positive expectations by other organizational members about female directors’ role in advancing gender equality. Board chairs influence how supportive female directors perceive the organizational context to be. Where the organizational context is not seen as supportive, those who take equality-related action anyway are experienced directors. Surprisingly, the presence of other women on the board does not appear to be related to whether or not female directors take action. Examining female directors’ actions and paying close attention to both their identities and their specific organizational settings shows how the interplay between social identity and situational opportunities and constraints affects board behavior. (shrink)

The World According to Kant offers an interpretation of Immanuel Kant’s critical idealism, as developed in the Critique of Pure Reason and associated texts. Critical idealism is understood as an ontological position, which comprises transcendental idealism, empirical realism, and a number of other basic ontological theses. According to Kant, the world, understood as the sum total of everything that has reality, comprises several levels of reality, most importantly, the transcendental level and the empirical level. The transcendental level is a mind-independent (...) level at which things in themselves exist. The empirical level is a fully mind-dependent level at which appearances exist, which are intentional objects of experience. Empirical objects and empirical minds are appearances, and empirical space and time are constituted by the spatial and temporal determinations of appearances. On the proposed interpretation, Kant is thus a genuine idealist about empirical objects, empirical minds, and space and time. But in contrast to other intentional objects, appearances genuinely exist, which is due both to the special character of experience compared to other kinds of representations such as illusions or dreams, and to the grounding of appearances in things themselves. This is why, on the proposed interpretation, Kant is also a genuine realist about empirical objects, empirical minds, and empirical space and time. This book develops the indicated interpretation, spells out Kant’s case for critical idealism thus understood, pinpoints the differences between critical idealism and ‘ordinary’ idealism, such as Berkley’s, and clarifies the relation between Kant’s conception of things in themselves and the conception of things in themselves by other philosophers, in particular, Kant’s Leibniz-Wolffian predecessors. -/- PS from the author: I maintain a list of errata plus corrections on my website (which can easily be found by googling my name). If you discover additional errors, typos, or unfortunate formulations, I would be grateful to hear from you. -/- . (shrink)

Many people claim that music is a universal language considering the impact and beneficial results that it usually triggers, whereas others reject the idea due to contextual or cultural sentiments and parameters that must be considered. Both sides’ arguments make sense but, despite skepticism, music should be considered as a universal language, which becomes clear by depicting it in the context of peacebuilding and by exploring its linguistics and therapeutic effects, through various domains such as philosophy, music theory and the (...) contemporary world. The author argues that considering the counter-arguments and balancing it with this central claim, it is possible to reach an inspiring and complementary common ground between performing arts as music and philosophy. (shrink)

Wittgenstein famously criticizes the philosophical practice of analyzing the meaning of words outside their ordinary use in everyday language, whereby often self-made pseudo-problems arise. In order to shed further light on Wittgenstein’s critique, this article makes use of the Remarks on the Philosophy of Psychology. First, starting from the remark in Vol. I, §52, his criticism of the philosophical method of selection and generalization is explained in detail. Next, I give a brief outline of Wittgenstein’s own way of philosophizing by (...) reference to a selection of comments concerning the use of psychological words in everyday language, which will also further elucidate his critique. Finally, I enter into the question which significance everyday language according to Wittgenstein has for philosophy. (shrink)

It is becoming less and less controversial that we ought to aggressively combat climate change. One main reason for doing so is concern for future generations, as it is they who will be the most seriously affected by it. Surprisingly, none of the more prominent deontological theories of intergenerational justice can explain why it is wrong for the present generation to do very little to stop worsening the problem. This paper discusses three such theories, namely indirect reciprocity, common ownership of (...) the earth and human rights. It shows that while indirect reciprocity and common ownership are both too undemanding, the human rights approach misunderstands the nature of our intergenerational relationships, thereby capturing either too much or too little about what is problematic about climate change. The paper finally proposes a way to think about intergenerational justice that avoids the pitfalls of the traditional theories and can explain what is wrong with perpetuating climate change. (shrink)