Aulis Aarnio addresses the question of how legal interpretations should be justified. Aarnio considers a justification to be rational only if the justification process has been conducted in a rational way, and if the final result of this process is acceptable to the legal community. According to Aarnio, a theory concerning the justification of legal interpretations should contain a procedural component specifying the conditions of rationality for legal discussions, and a substantial component specifying the material conditions of acceptability for the (...) final result. The procedural component of Aarnio’s theory formulates rules for the rationality of legal discussions. The substantial component specifies when the result of a legal interpretation can be called acceptable. Aarnio considers such a result acceptable if it is acceptable to a particular legal community in which there is consensus with respect to certain norms and values. (shrink)

In my paper I discuss belonging to a community as a lived experience aiming at interrogating with Hannah Arendt the dynamics of constituting or reshaping communities through action. The ungraspable »we« of communities allows for both constraining narratives and initiating new forms of belonging as a response to the need to belong. Acting together creates communities which can overturn the often painful experience of belonging to unbearable social units.

This article describes a case study on the Machiguenga, a remote Indigenous tribe affected by the Camisea Gas Project in the Peru. We introduce the anthropological concept of ‘glocalization’ and integrate this with organizational knowledge of ‘identity work’. Our findings demonstrate that identity work is a multi-faceted and boundary spanning process that significantly affects stakeholder relations and contributes to conflict between local communities and oil and gas companies. Indigenous identity can be both threatened and strengthened in response to natural gas (...) development and is related to how individuals, communities and the Machiguenga engage in identity work. We also discuss broader implications for management ethics, including a discussion of how Indigenous self-identify processes create a challenge for stakeholder theory. (shrink)

Definition of the problem The umbrella term “explicability” refers to the reduction of opacity of artificial intelligence (AI) systems. These efforts are challenging for medical AI applications because higher accuracy often comes at the cost of increased opacity. This entails ethical tensions because physicians and patients desire to trace how results are produced without compromising the performance of AI systems. The centrality of explicability within the informed consent process for medical AI systems compels an ethical reflection on the trade-offs. Which (...) levels of explicability are needed to obtain informed consent when utilizing medical AI? Arguments We proceed in five steps: First, we map the terms commonly associated with explicability as described in the ethics and computer science literature, i.e., disclosure, intelligibility, interpretability, and explainability. Second, we conduct a conceptual analysis of the ethical requirements for explicability when it comes to informed consent. Third, we distinguish hurdles for explicability in terms of epistemic and explanatory opacity. Fourth, this then allows to conclude the level of explicability physicians must reach and what patients can expect. In a final step, we show how the identified levels of explicability can technically be met from the perspective of computer science. Throughout our work, we take diagnostic AI systems in radiology as an example. Conclusion We determined four levels of explicability that need to be distinguished for ethically defensible informed consent processes and showed how developers of medical AI can technically meet these requirements. (shrink)

In this paper, I show how a concept of ethics can be derived from Hannah Arendt’s theory of action in The Human Condition , which contains from her call for action. When she looks at the ‘political actor’, as well as at the concept of ‘political situation’, her ethical claim is first of all the need to take initiative, to act. Hence, ‘political situations’ as she defines them are discussed as common responsibilities. But common responsibility is rooted in the in-between (...) of human beings, rather than in individual human nature and is determined by Arendt’s principle of humanity. Therefore, at the centre of an implicit Arendtian ethics stands the world and the in-between of human beings. (shrink)

In this contribution the prototypical argumentative patterns are discussed in which pragmatic argumentation is used in the context of legal justification in hard cases. First, the function and implementation of pragmatic argumentation in prototypical argumentative patterns in legal justification are addressed. The dialectical function of the different parts of the complex argumentation are explained by characterizing them as argumentative moves that are put forward in reaction to certain forms of critique. Then, on the basis of an exemplary case, the famous (...) Holy Trinity case, the way in which the U.S. Supreme Court uses pragmatic argumentation in this case is discussed by showing how the court instantiates general prototypical argumentative patterns in light of the institutional preconditions of the justification in the context of the specific case. (shrink)

Angelaki, Volume 16, Issue 4, Page 43-57, December 2011.

In this paper I will present Arendt’s concept of judging as related to imagination. Her concept of judging is rooted in Kant’s philosophy, yet bears the potential for the political account of the particular. Inserted in the ongoing debate in intercultural philosophy, as of how to take into account particular circumstances, this paper offers an insight into moral judgment as a possible corrective to normative politics. Reflecting on lived politics through moral judgment in particular situations, this paper highlights the importance (...) of imagination and experience for individual decisions. Bearing as a horizon the intercultural debates it refers only to the question as of how particulars can be taken into account in a political intercultural debate. (shrink)

Filozófiai és művészeti gyűjtemények számára egyaránt érdekes lehet Széplaky Gerda filozófus, esztéta, kritikus legújabb kötete, melynek írásai izgalmasan társítják az esztétikát a fenomenológiával. A szerző esszéi a testiség, a nézőben végbemenő fiziológiai folyamatok felől értelmezik a befogadás aktusát. Az első írás általánosságban szól a radikális kritikáról, majd a figyelemfelkeltő kötetcímmel megegyező című esszé (Kant hátán a szőr) a megrázkódtatásról, mint esztétikai fenoménról szól. Olyan további általánosabb témákról ejt még szót a szerző, mint az esztétikai hatásban megnyilvánuló erőszak vagy az (...) építészeti reprezentáció problémái. A kötet második felében konkrét alkotók művészetével kapcsolatos írások kaptak helyet, olyan témákban, mint Bukta Imre művészetének változásai, Szirtes János videoperformanszai, a játék esztétikai szerepe Bondor Csilla műveiben, vagy az Élet menete című holokauszt-emlékmű és kontextusai. "www.kello.hu © minden jog fenntartva". (shrink)

"In this paper I am arguing for hermeneutic responsibility in political judgment, as it can be attributed to Arendt’s work. Political judgment is reflective judgment relying on representation by imagination and therefore only has exemplary validity. Along the line of Arendt’s Lectures on Kant’s Political Philosophy I point out her argument for a different generality in politics than the generality of concepts. This generality of political judgment always refers back to the particular. Only by this reference to the particular, namely (...) to facts and situations of direct interaction, can the spectator, who undertakes the political judgment, create the public realm where action takes place. However, this task attributed to the spectator also implies the task of reshaping the public realm. These acts of giving an account of and reconsidering all over again facts handed over by narration and testimony imply the hermeneutic responsibility to unceasingly retrieve factual truth which is rooted in direct interaction. Keywords: Hannah Arendt, factual truth, reproductive imagination, political judgment, hermeneutic responsibility. ". (shrink)

A major figure in women's studies and a long-term activist for women's issues, Gerda Lerner is a pioneer in the field of Women's History and one of its leading practitioners. "Why History Matters" is a summation of her work which includes pieces on the author's early life as a Jewish refugee from Nazi Germany and on her slow assimilation into American life.

At the dawn of the Upper Palaeolithic era around 45,000 BP, Homo sapiens migrated into Europe. This process was accompanied by the extinction of Neanderthals, which has led many to believe that this species was cognitively and behaviorally inferior to anatomically modern humans. In recent years, however, this view has been challenged. This paper focuses on art and aesthetic practices among Neanderthals, as one of the exponents of modernity. It explores to what extent central cognitivist accounts of differences with Homo (...) sapiens are supported by both theoretical arguments and empirical evidence. The commonly cited cognitive capacity for symbolism may be less crucial for art than hitherto assumed, and several other variables, such as demography and ecology, adapt the mainstream idea that the crucial difference between Neanderthals and anatomically modern humans is of a cognitive nature. As such, Neanderthals may have been artists as well, challenging longstanding ideas about the uniqueness of our species. (shrink)

This essay proposes a review of the conceptual basis of the Complex Paradigm o Complex Thought. It reviews its core assumptions and give examples in the social sciences.

In this essay, some approaches towards the interpretation of language in the early thought of Heidegger are discussed, especially in Being and Time. Heidegger’s language can be understood by pointing out that he saw life as the main interest of philosophy, and questioned philosophy with regard to how it can determine itself. In contrast to Heidegger’s later writings, language is not the primary issue of discussion in the earlier period of his thinking. Therefore, different approaches to language need to be (...) taken. Language can be understood by following the existential analysis of Dasein , namely the interpretation of Rede . Further, the interpretations of Heidegger on Aristotle need to be discussed. As the Greeks had no word for language, the misleading interpretations of logos, dominating the history of philosophy, had an influence on the theory of language. Finally, taking account of prudence as a way to discover beings, another view on language can be found. In this approach to an understanding of language in the early thought of Heidegger, the manner of thinking about language is different to later approaches through poetry. There are traces of thinking about language in Being and Time and Heidegger’s earlier lectures. However, first of all, they have to be found. (shrink)

RESUMO A crítica de Hume ao contrato social admite um alcance para além do debate com o contratualismo de Locke: nosso autor tem em vista, sobretudo, desconstruir os princípios filosóficos que são a base da prática política dos Whigs. Uma vez que o contrato original organiza esses princípios, Hume se dedicará a analisá-lo em termos filosóficos e históricos, na tentativa de modernizar o pensamento político de sua época. ABSTRACT Hume's criticism of the social contract allows a range beyond the debate (...) with Locke's theory: our author aims mainly to deconstruct the philosophical principles that are the basis of the political practice of the Whigs. Since the original contract organizes these principles, Hume will be devoted to evaluating it in philosophical and historical terms, in an attempt to modernize the political thought of his time. (shrink)

Een van de recente ontwikkelingen binnen evolutiepsychologie is het onderzoek naar evolutionaire esthetica, of darwinistisch geïnspireerd onderzoek naar de kwalitatieve beoordeling van natuurlijke en artificiële stimuli. Esthetica wordt in de westerse traditie echter traditioneel vanuit filosofisch en speculatief oogpunt benaderd. Ik illustreer de ontwikkeling van evolutionaire esthetica binnen een groter kader van wetenschappelijk en empirisch onderzoek, en argumenteer dat schijnbare tegenstellingen zoals deze tussen objectiviteit en subjectiviteit in esthetische oordelen geen stand houden. De kritieken die ten aanzien van evolutionaire esthetica (...) worden geuit, gaan verkeerdelijk uit van de vermeende onverzoenbaarheid van de filosofische en wetenschappelijke studie van esthetica. One of the more recent developments in the field of evolutionary psychology is research on evolutionary aesthetics, otherwise stated: darwinian inspired inquiries into qualitative judgements of natural and aesthetic stimuli. Western thought traditionally approaches aesthetics from a philosophical and conjectural point of view. I illustrate the development of evolutionary aesthetics within a broader framework of scientific and empirical research, and argue that apparent contrasts such as objectivity and subjectivity in aesthetic judgement do not turn out to be valid. Critiques of evolutionary aesthetics wrongly assume the conflicting nature of philosophical and evolutionary aesthetics. (shrink)

ABSTRACT The Protestant Reformation in the sixteenth century fuelled heated debates about the nature and perception of spirits appearing to people. According to Protestant theology, apparitions of spirits were not souls of the dead but either diabolical illusions, natural phenomena, or ‘mere fantasies’ of a deluded mind. Swiss church minister Louis Lavater (1527–1586) emphasized that particularly melancholic people were prone to devilish deceits and thus inclined to imagine ghosts and other spirits. This paper traces the close connection between early modern (...) concepts of melancholy, imagination, and discourses on ghosts in then-normative perspectives before contrasting theological ideals and legal arguments raised in a 1681 Basel trial featuring an allegedly melancholic woman implicated in necromancy. This paper argues that scholarly discussions about imagination and melancholy regarding ghosts in Post-Reformation Switzerland were less concerned with ontological questions about the reality of ghostly phenomena than with possible sinful interactions with ghost, which in turn mirrored ideas about diabolical temptation. (shrink)

Since the publication of Nikolas Rose’s ‘The Politics of Life Itself’ there has been vivid discussion about how biopolitical governance has changed over the last decades. This article uses what Rose terms ‘molecular politics’, a new socio-technical grip on the human body, as a contrasting background to ask anew his question ‘What, then, of biopolitics today?’ – albeit focusing not on advances in genetics, microbiology, and pharmaceutics, as he does, but on the rapid proliferation of wearables and other sensor-software gadgets. (...) In both cases, new technologies providing information about the individual body are the common ground for governance and optimization, yet for the latter, the target is habits of moving, eating and drinking, sleeping, working and relaxing. The resulting profound differences are carved out along four lines: ‘somatic identities’ and a modified understanding of the body; the role of ‘expert knowledge’ compared to that of networks of peers and self-experimentation; the ‘types of intervention’ by which new technologies become effective in our everyday life; and the ‘post-discipline character’ of molecular biopolitics. It is argued that, taken together, these differences indicate a remarkable shift which could be termed aretaic: its focus is not ‘life itself’ but ‘life as it is lived’, and its modality are new everyday socio-technical entanglements and their more-than-human rationalities of governance. (shrink)

Evolutionary psychology is among the various evolutionary and cognitive perspectives that have been used to account for the origins of art. It sets out to explain modern human psychology by means of the evolutionary history of the species, and by determining why and how our extant cognitive machinery evolved as adaptations to past environmental surroundings or by-products of such adaptations. In the case of art, evolutionary psychologists seek to track down its cognitive foundations and establish its evolutionary rationale, for instance (...) by determining which function artistic behaviour as a whole might have performed. However, several methodological issues and gaps currently impede evolutionary psychological research on art: empirical support is often lacking, adaptationist claims are not adequately substantiated, and the definition and scope of basic aspects of evolutionary psychology often remain underspecified. This paper reviews the central themes that evolutionary psychology currently advances to account for the emergence of visual arts, music and fiction, addresses the most relevant methodological issues, and provides some suggestions that might help to develop evolutionary research on art. (shrink)

Name der Zeitschrift: Zeitschrift für kritische Sozialtheorie und Philosophie Jahrgang: 1 Heft: 2 Seiten: 198-275.