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)

Carl Henrik Koch har i denne bog samlet en række af sine artikler om fremtrædende danske filosoffer. Med start ved Holberg i 1700-tallet arbejder Koch sig op gennem den danske filosofihistorie og strejfer blandt andre Eilchov, Sibbern, A.P. Adler, Brøchner og naturligvis mastodonterne Søren Kierkegaard og Georg Brandes. Bogen giver en hurtig, men spændende indførsel i en vigtig del af den danske kulturhistorie, som gennem de sidste 250 år har haft stor indflydelse både herhjemme og i udlandet.

Artikeln är en översikt av den tysk-judiska invandringen till Sverige från 1770-talet och framåt. Till en början skedde invandringen till stor del i form av kedjemigration från Mecklenburg. Många i pionjären Aaron Isaacs släktkrets invandrade, likaså i släktkretsen kring hans kompanjon Abraham Aaron. Under 1800-talet fortsatte frivilliginvandringen men nu i mindre form av kedjemigration och med mer differentierad geografisk bakgrund än tidigare. Så småningom kom invandringen från Tyskland numerärt att överflygas av den så kallade östjudiska invandringen; av de judar som (...) bodde i Sverige 1880 var bara åtta procent födda i Tyskland och 1920 mindre än fem procent. Många tysk-judiska invandrare vid denna tid, såsom bankmannen Louis Frænckel, gjorde betydelsefulla insatser i det svenska industriundret. Trots den restriktiva invandringspolitiken på 1930-talet kom ett antal tysk-judiska flyktingar till Sverige, såväl individuellt som genom särskilda kvoter. Många blev betydande aktörer i olika sektorer av samhället, och några blev internationellt kända namn som författaren och Nobelpristagaren Nelly Sachs och kärnfysikern Lise Meitner. Många flyktingar fick dock inte arbete som motsvarade deras utbildningar. Bland ”1945 års räddade” fanns tämligen få från Tyskland. (shrink)

Between the two World Wars, Jørgen Jørgensen was a central figure in Danish philosophy and internationally recognized, as his teacher Harald Høffding had been before World War 1. When in the late 1920s Jørgensen established contact with the movement that would later be called logical positivism, he found a group of philosophers of his own age who advocated empiricism, the tools of formal logic and the Unity of Science, and who shared his anti-metaphysical approach to philosophy. He became one of (...) the movement’s organizers and wrote its history, but he was only for a short period influenced by especially Rudolf Carnap’s philosophy of logic. Although Jørgensen was never an uncritical member of the movement, he is often considered as a central representative of logical positivism in Scandinavia. (shrink)

As in other European countries, in Denmark philosophy was an important factor in the cultural life of the nineteenth century. Kierkegaard lived and wrote in Copenhagen, where Hegelianism both flourished and met with serious criticism, and both of these elements can be found in his authorship. This chapter explores possible sources of inspiration for Kierkegaard's rejection of Danish Hegelianism and its follower, speculative theology, and discusses his influence on the fashionable Danish philosopher of the day, Rasmus Nielsen. By way of (...) conclusion, it is emphasized that Kierkegaard's understanding of Christianity and his struggle over it were decisive for a shift in Danish intellectual life around 1870. (shrink)

Palliative care serves both as an integrated part of treatment and as a last effort to care for those we cannot cure. The extent to which palliative care should be provided and our reasons for doing so have been curiously overlooked in the debate about distributive justice in health and healthcare. We argue that one prominent approach, the Rawlsian approach developed by Norman Daniels, is unable to provide such reasons and such care. This is because of a central feature in (...) Daniels' account, namely that care should be provided to restore people's opportunities. Daniels' view is both unable to provide pain relief to those who need it as a supplement to treatment and, without justice-based reasons to provide palliative care to those whose opportunities cannot be restored. We conclude that this makes Daniels' framework much less attractive. (shrink)

Equality as a bare concept refers to two or more distinct things or people being the same in some dimension. Different forms of equality are distinguished by the dimension that is held to be the same. Within political theory, three main forms of equality can be distinguished: moral equality, political equality, and substantive equality. “Moral equality” refers to each individual having the same inherent dignity as a human being, and therefore being worthy of respect. “Political equality,” by contrast, refers to (...) each individual having the same basic rights of involvement in political processes, e.g., by voting or running for office. Modern political theories generally accept that each individual has moral and political equality. The distinguishing feature of egalitarianism is its interpretation of this equal status as requiring substantive equality, i.e., that each individual be placed in the same social or economic conditions. Egalitarianism is an inherently normative view, and more specifically, a view about distributive justice—that is, about the appropriate distribution of benefits and burdens. The account of these benefits and burdens varies from one egalitarian theory to another. For instance, some egalitarians believe that levels of benefit should be measured in terms of resources, others in terms of well-being, and still others in terms of basic capabilities. Egalitarians also disagree on whether benefits should be distributed equally or whether equality of substantive condition in some other sense (i.e., equal opportunity or equal social standing) might be sufficient. Accordingly, each egalitarian theory has its own account of equality. These theories as a whole contrast with non-egalitarian theories, such as right libertarianism or conservativism, which deny that people’s condition should be made equal in any substantive sense. In practical terms, egalitarianism is strongly associated with the political left, but different brands of egalitarianism are associated with different brands of left-wing politics, from traditional socialism or social democracy to a less distribution-focused politics of identity. This article provides an overview of egalitarianism, primarily focusing on its development in contemporary political theory. (shrink)

Current debates on collective intentionality focus on the cognitive capacities, attitudes, and mental states that enable individuals to take part in joint actions. It is typically assumed that collective intentionality is a capacity which is added to other, pre-existing, capacities of an individual and is exercised in cooperative activities like carrying a table or painting a house together. We call this the additive account because it portrays collective intentionality as a capacity that an individual possesses in addition to her capacity (...) for individual intentionality. We offer an alternative view according to which the primary entity to which collective intentionality has to be ascribed is not the human individual, but a “form of life.” As a feature of a form of life, collective intentionality is something more than the specific capacity exercised by an individual when she cooperates with others. Collective intentionality transforms all the capacities of the bearers of this specific form of life. We thus call our proposal the transformative account of collective intentionality. (shrink)

Several attempts have been made to apply the choice-sensitive theory of distributive justice, luck egalitarianism, in the context of health and healthcare. This article presents a framework for this discussion by highlighting different normative decisions to be made in such an application, some of the objections to which luck egalitarians must provide answers and some of the practical implications associated with applying such an approach in the real world. It is argued that luck egalitarians should address distributions of health rather (...) than healthcare, endorse an integrationist theory that combines health concerns with general distributive concerns and be pluralist in their approach. It further suggests that choice-sensitive policies need not be the result of applying luck egalitarianism in this context. (shrink)

BackgroundEthical problems in everyday healthcare work emerge for many reasons and constitute threats to ethical values. If these threats are not managed appropriately, there is a risk that the patient may be inflicted with moral harm or injury, while healthcare professionals are at risk of feeling moral distress. Therefore, it is essential to support the learning and development of ethical competencies among healthcare professionals and students. The aim of this study was to explore the available literature regarding ethics education that (...) promotes ethical competence learning for healthcare professionals and students undergoing training in healthcare professions.MethodsIn this integrative systematic review, literature was searched within the PubMed, CINAHL, and PsycInfo databases using the search terms ‘health personnel’, ‘students’, ‘ethics’, ‘moral’, ‘simulation’, and ‘teaching’. In total, 40 articles were selected for review. These articles included professionals from various healthcare professions and students who trained in these professions as subjects. The articles described participation in various forms of ethics education. Data were extracted and synthesised using thematic analysis.ResultsThe review identified the need for support to make ethical competence learning possible, which in the long run was considered to promote the ability to manage ethical problems. Ethical competence learning was found to be helpful to healthcare professionals and students in drawing attention to ethical problems that they were not previously aware of. Dealing with ethical problems is primarily about reasoning about what is right and in the patient’s best interests, along with making decisions about what needs to be done in a specific situation.ConclusionsThe review identified different designs and course content for ethics education to support ethical competence learning. The findings could be used to develop healthcare professionals’ and students’ readiness and capabilities to recognise as well as to respond appropriately to ethically problematic work situations. (shrink)

In this article, drawing on the discursive psychology of Rom Harré, we show how mapping the exchange of words among people might disclose a complex reality; not merely that which farmers explicitly talk ‘about’ but the reality implicitly at stake within the communication. More specifically, we show how discourses involving modern farmers reveal an underlying placing in an abstract space, having sub-spaces defined by the life-orientation, sense of self and according self-positioning of modern people. In this way, we construct a (...) road map of a set of ‘individualities’ characterizing the life of modern farmers: an individuality of citizenship, an individuality of geographies and an individuality of experience. Consequently, farmers face the problem that this multiplicity of individuality prevents them from communicating, as we will call it, univocally in the public by contrast to the univocal voices of other established social groups. We will analyse the structure of that problem by viewing diverse relations between the authority and the authenticity of different partners in the conversation on land use. (shrink)

Bullying often results in negative coping in victims, including an increased consumption of alcohol. Recently, however, an increase in alcohol use has also been reported among perpetrators of bullying. The factors triggering this pattern are still unclear. We investigated the role of empathy in the interaction between bullying and alcohol use in an adolescent sample (IMAGEN) at age 13.97 (±0.53) years (baseline (BL), N = 2165, 50.9% female) and age 16.51 (±0.61) years (follow-up 1 (FU1), N = 1185, 54.9% female). (...) General empathic distress served as a significant moderator of alcohol use in perpetrators (F9, 493 = 17.978, p < 0.01), which was specific for males and FU1. Male perpetrators, who are generally less sensitive to distress, might thus be more vulnerable to alcohol abuse. (shrink)

Although the modern age is often described as the age of democratic revolutions, the subject of popular foundings has not captured the imagination of contemporary political thought. Most of the time, democratic theory and political science treat as the object of their inquiry normal politics, institutionalized power, and consolidated democracies. The aim of Andreas Kalyvas' study is to show why it is important for democratic theory to rethink the question of its beginnings. Is there a founding unique to democracies? (...) Can a democracy be democratically established? What are the implications of expanding democratic politics in light of the question of whether and how to address democracy's beginnings? Kalyvas addresses these questions and scrutinizes the possibility of democratic beginnings in terms of the category of the extraordinary, as he reconstructs it from the writings of Max Weber, Carl Schmitt, and Hannah Arendt and their views on the creation of new political, symbolic, and constitutional orders. (shrink)

Extensive research has demonstrated that rs1360780, a common single nucleotide polymorphism within the FKBP5 gene, interacts with early-life stress in predicting psychopathology. Previous results suggest that carriers of the TT genotype of rs1360780 who were exposed to child abuse show differences in structure and functional activation of emotion-processing brain areas belonging to the salience network. Extending these findings on intermediate phenotypes of psychopathology, we examined if the interaction between rs1360780 and child abuse predicts resting-state functional connectivity (rsFC) between the amygdala (...) and other areas of the salience network. We analyzed data of young European adults from the general population (N = 774; mean age = 18.76 years) who took part in the IMAGEN study. In the absence of main effects of genotype and abuse, a significant interaction effect was observed for rsFC between the right centromedial amygdala and right posterior insula (p <.025, FWE-corrected), which was driven by stronger rsFC in TT allele carriers with a history of abuse. Our results suggest that the TT genotype of rs1360780 may render individuals with a history of abuse more vulnerable to functional changes in communication between brain areas processing emotions and bodily sensations, which could underlie or increase the risk for psychopathology. (shrink)

Carl Schmitt’s critical insights into ‘economic-technical thinking’ and the dominant role that a ‘magical technicity’ is said to assume in the social horizon of his times offers an opportunity to reframe contemporary debates on political and economic theology, exposing a theological core behind technocratic administration. Starting from this premise, the article engages with recent inquiries into so-called ‘debt economy’, assessing the affective function that ‘deferment’ and ‘confession’ perform as dominant operators in the social imaginary of neoliberal governance.

Generally, the testimony of intoxicated witnesses has been considered relatively unreliable, but recent research has nuanced the knowledge base regarding these vulnerable witnesses.PurposeTo demonstrate the application of recent research findings regarding intoxicated witnesses to the statements made by a key witness to the murder of Olof Palme, Sweden's prime minister, in 1986. An additional purpose was to illustrate the use of a nuanced calculation of blood alcohol concentration for researchers.MethodsThe Palme murder has been debated since the crime was committed and (...) no one has yet been sentenced. One of the witnesses was intoxicated and to estimate a range for his BAC at the time, a comprehensive BAC calculation was conducted in this study to illustrate important factors to consider in these types of cases.ResultsThrough the demonstration of the use of a nuanced BAC formula and by applying recent research results from studies on intoxicated witnesses, it was estimated that the possible BAC of the witness in the Palme-case at the time of the witnessed crime ranged between BAC = 0 to BAC = 0.13, depending on the type of alcoholic beverage consumed and whether the witness was a social or heavy drinker. This puts the witness either well within the span of maintained completeness as well as maintained accuracy rate, or slightly exceeding this span into the BAC-range of reduced completeness but maintained accuracy rate. He was questioned immediately, and thereafter repeatedly, and he reported similar information throughout the interviews, which is in line with previous results on information maintenance over repeated interviews among intoxicated witnesses.ConclusionThe current case example shows how recent research on intoxicated witnesses can be applied in praxis, illustrating important factors for legal practitioners to consider when interpreting information from intoxicated witnesses. It also provides legal practitioners and researchers with an example of a structured approach to more nuanced BAC-calculations. (shrink)

Apart from a few exceptions,1 studies of Carl Schmitt in English have not dealt with the legal and constitutional aspects of his work. William Scheuerman's book begins to fill this gap. His work is an important corrective to previous interpretations which, by disproportionally emphasizing the cultural and theological aspects of Schmitt's work, have neglected its central legal character, thus reducing one of the most influential jurists of the 20th century either to a right-wing cultural critic or to a dissatisfied (...) crypto-theologian.2 Among other consequences, this neglect has contributed to disregarding themes that are pivotal to Schmitt's thinking.3 Scheuerman focuses on…. (shrink)

Cognitive science is experiencing a pragmatic turn away from the traditional representation-centered framework toward a view that focuses on understanding cognition as "enactive." This enactive view holds that cognition does not produce models of the world but rather subserves action as it is grounded in sensorimotor skills. In this volume, experts from cognitive science, neuroscience, psychology, robotics, and philosophy of mind assess the foundations and implications of a novel action-oriented view of cognition. Their contributions and supporting experimental evidence show that (...) an enactive approach to cognitive science enables strong conceptual advances, and the chapters explore key concepts for this new model of cognition. The contributors discuss the implications of an enactive approach for cognitive development; action-oriented models of cognitive processing; action-oriented understandings of consciousness and experience; and the accompanying paradigm shifts in the fields of philosophy, brain science, robotics, and psychology. ContributorsMoshe Bar, Lawrence W. Barsalov, Olaf Blanke, Jeannette Bohg, Martin V. Butz, Peter F. Dominey, Andreas K. Engel, Judith M. Ford, Karl J. Friston, Chris D. Frith, Shaun Gallagher, Antonia Hamilton, Tobias Heed, Cecilia Heyes, Elisabeth Hill, Matej Hoffmann, Jakob Hohwy, Bernhard Hommel, Atsushi Iriki, Pierre Jacob, Henrik Jörntell, Jürgen Jost, James Kilner, Günther Knoblich, Peter König, Danica Kragic, Miriam Kyselo, Alexander Maye, Marek McGann, Richard Menary, Thomas Metzinger, Ezequiel Morsella, Saskia Nagel, Kevin J. O'Regan, Pierre-Yves Oudeyer, Giovanni Pezzulo, Tony J. Prescott, Wolfgang Prinz, Friedemann Pulvermüller, Robert Rupert, Marti Sanchez-Fibla, Andrew Schwartz, Anil K. Seth, Vicky Southgate, Antonella Tramacere, John K. Tsotsos, Paul F. M. J. Verschure, Gabriella Vigliocco, Gottfried Vosgerau. (shrink)

Ludwig Wittgenstein gave priority to aesthetics over other disciplines due to its invaluable capacities for revealing certain aspects of the nature of human understanding and for guiding our actions toward an ethical life. Although Wittgenstein did not focus on these issues in a systematic way, these worries were present in his philosophy during his lifetime. That is why I use a very wide range of his writings, from the Tractatus to letters and diaries. Aesthetic inquiries can throw light upon the (...) existence of an intransitive understanding–that is, a kind of knowledge that cannot be expressed by language shared by all competent users of a language. I also discuss Wittgenstein’s conception of ethics in order to explain the close relationship that he proposed between ethics and aesthetics. I hope this will clarify why he believed there was so much to learn from paintings, films, music, poems, or novels. I compare works of art and religious belief and how the former can help us to guide our lives as the latter does. I do this while extending the scope and claiming the importance of aesthetic education, given that it can help us to deal with our nature and with our history. (shrink)

ABSTRACT Carl Schmitt is generally considered as the father of exceptionalism – the theory that the heart of politics lies in the sovereign power to issue emergency measures that suspend everyday normality. This is why his name comes up anytime state governments, whether liberal or not, impose limits on constitutional rights and freedoms to cope with emergencies. This article problematises such a received understanding. It argues that Schmitt held an exceptionalist view for a limited period of time and that (...) even in that period his thinking cannot be regarded as unshakably exceptionalist. This interpretation offers a new entry point to Schmitt’s overall theory. While it can hardly be defended from allegations of reactionary conservatism, it remains a juristic theory of the legal order that tries to answer the question of what ensures the stability of social life. The backdrop of this view is an institutional theory of law and politics that is hardly reconcilable with any form of exceptionalism. In this light, the core of Schmitt’s thinking turns out to be the exaltation of legal science as a jurisgenerative practice that shelters a community’s institutional practices and the traditional identity. (shrink)

The Winter 2010 issue of Telos has clearly highlighted the relevance of Carl Schmitt's Hamlet or Hecuba to both the interpretation of Schmitt's political theory and Shakespearean criticism. The main thesis concerning Schmitt's intrusion into the literary field deals with the structural relationships between historical context and tragic dimension, between politics and aesthetics; the tragic drama can be properly understood only in relation to the historical context to which it refers and the concrete situation that it aims to re-present. (...) The historical reality that can be glimpsed by focusing on the tragic masks against the light of their contexts represents…. (shrink)