_Why originalism is a flawed, incoherent, and dangerously ideological method of constitutional interpretation__ “Chemerinsky... offers a concise, point-by-point refutation of the theory [of originalism]. He argues that it cannot deliver what it promises—and if it could, no one would want what it is selling.”—David Cole, _New York Review of Books__ Originalism, the view that the meaning of a constitutional provision is fixed when it is adopted, was once the fringe theory of a few extremely conservative legal scholars but is now (...) a well-accepted mode of constitutional interpretation. Three of the Supreme Court’s nine justices explicitly embrace the originalist approach, as do increasing numbers of judges in the lower courts. Noted legal scholar Erwin Chemerinsky gives a comprehensive analysis of the problems that make originalism unworkable as a method of constitutional interpretation. He argues that the framers themselves never intended constitutional interpretation to be inflexible and shows how it is often impossible to know what the “original intent” of any particular provision was. Perhaps worst of all, though its supporters tout it as a politically neutral and objective method, originalist interpretation tends to disappear when its results fail to conform to modern conservative ideology. (shrink)

The ArgumentDuring the nineteenth century, physicists and chemists, using different linguistic modes of expression, sought to describe the world for different purposes; thus, both disciplines gradually were nudged toward demarcation and self-image identification. In the course of doing so the rich complexity of the empire of chemistry was born. The essential challenge was closely connected with analysis, synthesis, and chemical process: learning the art ofwatchingsubstances change andmakingsubstances change. Pursued in theory-poor and phenomenology-rich contexts chemistry nevertheless made itself intellectually, professionally, societally, (...) and industrially creditable and attractive. The developing links between physics and chemistry are examined in this paper from the perspective of the discipline of chemistry more specifically than from the side of physics. Chemists came to believe that essentially physics was no more than mechanics. All else belonged to the domain of chemistry.Not before the last decades of the century were firm collaborative links and genuine reciprocity fostered between physics and chemistry, and then primarily on account of the common utility of scientific research tools. At a more fundamental level physics and chemistry, in contradistinction to all the other natural sciences, experienced partial overlap and convergence because of unique mutual reliance on the construction of systems each according to its own theoretical conceptions. Still amalgamation was unthinkable. Eventually physical chemistry was loosened from chemistry in the same way that, somewhat later, chemical physics was emancipated from physics. The intrinsic messiness of chemistry, one might suggest, tends more readily to foster Bohr's opinion that “there is no rock bottom to the study of nature,” rather than Einstein's view that “we can realistically, ultimately, put it all together.”. (shrink)

This paper explores the notion of sensing (Empfinden) as developed by Erwin Straus. It argues that the notion of sensing is at the center of Strauss's thought about animal and human experience. Straus's originality consists in approaching sensory experience from an existential point of view. Sensing is not a mode of knowing. Sensing is distinguished from perceiving but is still a mode of relation to exteriority, and is situated on the side of what is usually called affectivity. At the (...) same time Strauss redefines the field of that which is commonly characterized as affectivity. Sensing designates a stratum that lies deeper than the division between perceiving and feeling (s'éprouver), a self-affection that is not an alternative to the opening upon exteriority. It corresponds to a mode of immediate communication, to a sympathy with the world that does not entail any thematic dimension, but does not fall back into a blind fusion. Rather, sensing is something in the living being's mode of moving that is irreducible, and that includes a tending toward something. (shrink)

In some ways, the timing of this book is both fortunate and unfortunate at the same time. Considering its emphasis, authoritarian dictators who govern by spin rather than fear, it is of particular...

The European Union is working towards harmonizing legislation across Europe, in order to improve cross-border interchange of legal information. This goal is supported for instance via standards such as the European Law Identifier and the European Case Law Identifier, which provide technical specifications for Web identifiers and suggestions for vocabularies to be used to describe metadata pertaining to legal documents in a machine readable format. Notably, these ECLI and ELI metadata standards adhere to the RDF data format which forms the (...) basis of Linked Data, and therefore have the potential to form a basis for a pan-European legal Knowledge Graph. Unfortunately, to date said specifications have only been partially adopted by EU member states. In this paper we describe a methodology to transform the existing legal information system used in Austria to such a legal knowledge graph covering different steps from modeling national specific aspects, to population, and finally the integration of legal data from other countries through linked data. We demonstrate the usefulness of this approach by exemplifying practical use cases from legal information search, which are not possible in an automated fashion so far. (shrink)

Clinical ethics consultation service remains undeveloped in developing countries. It is recognised that its introduction poses challenges. Malaysia, a multicultural society with diverse religions, values and perceptions further complicate the introduction of formal clinical ethics consultation service. Clinicians attending a national congress workshop completed a Strengths–Weaknesses–Opportunities–Threats analysis. The aim was to gain insight into clinician’s expectations and promote initiatives leading to the introduction of clinical ethics consultation service. Clinicians agree that clinical ethics consultation service can improve quality of care, reduce (...) healthcare costs and advocate for patients and providers. The analysis highlighted constraints in sufficient critical mass of relevant expertise and restricted opportunities for training. The opportunities lie in education, curriculum development and availability of dedicated proponents. Cultural barriers, limited resources, lack of awareness, differenc... (shrink)

The aim of this article is to free Aristotle's Metaphysics, especially book XII (Lambda), frome some metaphysical and theological presuppositions by detecting their inappropriate conceptual framwork, which once was progressive, but now holds an obsolete position. Ousia, being (not substance, a much later concept, construed to solve other problems than Aristotle's), stand for a question, not for an answer. Book Lambda develops a highly speculative argument for this queston. The famous noesis noeseos says that empirical being and knowledge is the (...) realization of a noetic structure (noesis), laid down in our most fundamental opinioons about being. (shrink)

Schrödinger discusses what an elementary particle is. This essay originally appeared in the journal Endeavour.

Überlegungen zur Geschichte des politischen Dienstes der Evangelischen Kirche in Deutschland.--Kirchliche Mitverantwortung in Politik, Staat und Gesellschaft.--Die Einheit der Evangelischen Kirche in Deutschlands.--Die Denkschrift-und was nun?--Der Friede und die Völkergemeinschaft.

Wissen wir, wer oder was unseren Lebensgang bestimmt? Wissen wir überhaupt, was in uns und ausserhalb von uns abläuft? Das einzig Gewisse ist unser Tod, doch was hilft die Gewissheit unseres Todes, wenn ungewiss bleibt, wann er kommt? Unsere Bedürfnisse kennen wir, aber wo sind die Grenzen der Befriedigung? Wenn unsicher geworden ist, wer oder was das bestimmt, was faktisch geschieht, wenn die Welt uns körperlich und seelisch bedrängt und die einzige Gewissheit in der Zukunft unser Tod ist, wenn uns (...) unsere Bedürfnisse und die Grenzen ihrer Befriedigung unklar geworden sind, dann hilft nichts mehr als das Nachdenken – das Nachdenken über unsere Natur und ihren Platz in der Welt, über die Hierarchie unserer Bedürfnisse, darüber, wie wir das Gelingen unseres Lebens mit Vernunft und Gerechtigkeit in Einklang bringen. Kurz, es hilft nichts als der Epikureismus. ********** Do we know who or what determines the course of our lives? Do we even know what is going on inside and outside of us? The only certain thing is our death, but what good is the certainty of our death if it remains uncertain when it will come? We know our needs, but where are the limits to their fulfilment? When it has become uncertain who or what determines what actually happens, when the world oppresses us physically and emotionally and the only certainty in the future is our death, when our needs and the limits of their fulfilment have become unclear to us, then nothing helps more than reflection - reflection on our nature and its place in the world, thinking about the hierarchy of our needs, about how we can harmonise the success of our lives with reason and justice. In short, nothing helps but Epicureanism. (shrink)

A Nobel prize winner, a great man and a great scientist, Erwin Schrödinger has made his mark in physics, but his eye scans a far wider horizon: here are two stimulating and discursive essays which summarize his philosophical views on the nature of the world. Schrödinger's world view, derived from the Indian writings of the Vedanta, is that there is only a single consciousness of which we are all different aspects. He admits that this view is mystical and metaphysical (...) and incapable of logical deduction. But he also insists that this is true of the belief in an external world capable of influencing the mind and of being influenced by it. Schrödinger's world view leads naturally to a philosophy of reverence for life. (shrink)

Combinatory logic started as a programme in the foundation of mathematics and in an historical context at a time when such endeavours attracted the most gifted among the mathematicians. This small volume arose under quite differ ent circumstances, namely within the context of reworking the mathematical foundations of computer science. I have been very lucky in finding gifted students who agreed to work with me and chose, for their Ph. D. theses, subjects that arose from my own attempts 1 to (...) create a coherent mathematical view of these foundations. The result of this collaborative work is presented here in the hope that it does justice to the individual contributor and that the reader has a chance of judging the work as a whole. E. Engeler ETH Zurich, April 1994 lCollected in Chapter III, An Algebraization of Algorithmics, in Algorithmic Properties of Structures, Selected Papers of Erwin Engeler, World Scientific PubJ. Co. , Singapore, 1993, pp. 183-257. I Historical and Philosophical Background Erwin Engeler In the fall of 1928 a young American turned up at the Mathematical Institute of Gottingen, a mecca of mathematicians at the time; he was a young man with a dream and his name was H. B. Curry. He felt that he had the tools in hand with which to solve the problem of foundations of mathematics mice and for all. His was an approach that came to be called "formalist" and embodied that later became known as Combinatory Logic. (shrink)

Brings together in a single volume a study of political ethics in the modern age. Focuses on the nine major political philosophers who contributed to the secularization of politics: Machiavelli, Luther, Hobbes, Locke, Rousseau, Smith, Burke, Marx, and Niebuhr. Useful for all students of political science, particularly political theory.