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)

Hubertus Kohle ist ein Kunsthistoriker und Hochschullehrer, der sich besonders mit seinen Forschungen zur Kunst der europäischen Aufklärung und des 19. Jahrhunderts in Deutschland einen Namen gemacht hat. Schon früh hat er seine Disziplin digitalen Verfahren und Konzepten geöffnet und setzt sich seit Jahren für das elektronische Publizieren im Open Access ein. Aktuell widmet er sich als einer der beiden Leiter des renommierten DFG-Schwerpunktprogramms „Das digitale Bild“ auch fachübergreifend dem Thema des Digitalen. Anlässlich seines 60. Geburtstags ehren ihn zahlreiche Freunde (...) und akademische Weggefährten mit der vorliegenden Festschrift, die inhaltlich an die Schwerpunkte seines kunsthistorischen Wirkens anknüpft – von den analogen Anfängen, die der Kunst des Aufklärungszeitalters gewidmet waren, bis hin zum aktuellen Feld der „Digitalen Kunstgeschichte“. Diese Festgabe versteht sich als experimentelle Online-Publikation, die dem Jubilar zum Geburtstagstermin in einer ersten Version rein virtuell präsentiert wird. Da es sich dabei bewusst um ein „digital work in progress“ handelt, werden später weitere Beiträge ergänzt (im Inhaltsverzeichnis im unteren Abschnitt zu finden), die die Festschrift zu einem finalen E-Book komplettieren, das dann Ende 2019 parallel auch als eine analoge Buchausgabe erhältlich ist. (shrink)

This essay is a contribution to a symposium on Anja Jauernig's excellent book, The World According to Kant. I discuss Jauernig's account of how Kant conceives the empirical reality of appearances.

1. Textband.--2. Anmerkungen und Register.

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)

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)

This paper addresses the question of what we can legitimately say about things in themselves in Kant's critical doctrine. Many Kant scholars believe that Kant allows that things in themselves can be characterized through the unschematized or ‘pure’ concepts of our understanding such as ‘substance’ or ‘causality’. However, I show that on Kant's view things in themselves do not conform to the unschematized categories : the pure categories, like space and time, are merely subjective forms of finite, discursive cognition. I (...) then examine what this interpretation might entail for central aspects of Kant's system such as his doctrine of noumenal freedom. (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.

Both spiritual experiences and mindfulness as a psychological variable have been identified as components of wellbeing and health. As there is uncertainty about their relationship, we have investigated the impact of spiritual experiences and mindfulness as well as their interaction on distress in chronically ill patients. The unidimensional Daily Spiritual Experiences Scale, the multidimensional Exceptional Experiences Questionnaire, the Freiburg Mindfulness Inventory, and the Brief Symptom Inventory were administered to 109 chronically ill patients. Fifty-eight patients reported regular and frequent spiritual or (...) contemplative practice from different traditions over an average of 14.7 years. Patients with regular spiritual practice reported more positive spiritual experiences, were more mindful and less distressed. A stepwise linear regression analysis revealed that the EEQ subscale “negative spiritual experiences” was the most important single predictor for psychological distress. In contrast, both the EEQ subscale “positive spiritual experiences” as well as the DSES that also captures positives daily encounters with a transcendental realm or entity did not account for a significant amount of variance in distress. Further analysis of the regression model, confirmed that NSE was still the largest predictor for distress and that mindfulness and the interaction between mindfulness and NSE were the most important buffers protecting individuals from distress. Thus, mindfulness seems not only to be a clinically important protective factor for buffering generic distress, but particularly for distress derived from NSEs. This suggests that in addition to directly facilitating well-being and health by means of positive spiritual experiences, at least some form of regular spiritual or meditative techniques seem to endow an individual with a certain degree of resilience against negative spiritual experiences that is likely a consequence of increased mindfulness. If these findings are vindicated by further studies, spiritual experiences should not be conceived and measured as univariate but rather multivariate constructs. (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)

Abstract Die moderne Physik besteht nicht nur aus neuen Entdeckungen und Erfindungen durch die Relativitätstheorie und durch die Quantenphysik. Sie besteht auch aus völlig neuen Sichtweisen und flexiblen Denkweisen von Zusammenhängen und Verschränkungen zwischen den Dingen. Die moderne Physik hat sich von dem Klischee des Schwarz-Weiß-Denkens verabschiedet, für das es nur getrennte Dinge, ohne fließende Übergänge gibt. Solche unbeweglichen, dogmatischen schwarzweißen Denkweisen können wir zurückverfolgen bis zu dem griechischen Philosophen Aristoteles. In der Zeit der Klassischen Mechanik hatten sie einen überwältigenden (...) Erfolg. Galilei behauptete, das Buch der Natur sei in der Sprache der Mathematik geschrieben. Das war die sehr kurzgefasste Formulierung der Klassischen Mechanik. Die moderne Physik hat sich keineswegs von der Mathematik verabschiedet, ganz und gar nicht. Doch der heilige Ernst und der starre und absolute Dogmatismus hat nachgelassen. Moderne Denkweisen in der Physik können mit den Begriffen von fließenden Übergängen, von Zwischenstufen, von Zusammenhängen zwischen den Dingen und von Schwingungen gekennzeichnet werden. Seit Faraday und Maxwell hat sich eine Verschiebung der Untersuchungsobjekte ergeben: Seit der Mitte des 19. Jahrhunderts, seit ca 1850, drehen sich die Denkmodelle der modernen Physik nicht mehr um getrennte, isolierten Körper, die im Nichts schwimmen, sondern um die Zwischenräume zwischen den Körpern und um die flexiblen Beziehungsgeflechte zwischen den Dingen und um die Netzwerke, die die Dinge umgeben. Das sind ganz neue physikalische Denkweisen, die durchaus Dunkelzonen und Zweifel und Ungewissheiten kennen, die den Bereich der Exaktheit überschatten. Neue Beiträge der physikalischen Denkweisen sind auch durch eine Flexibilität bei der Bildung von Begriffen gekennzeichnet. Sie lassen sich nicht auf einige wenige Begriffe oder auf eine starre und exakte Festlegung der Wortwahl festnageln. -/- „Jede Philosophie bezieht ihre Farbe von der geheimen Lichtquelle eines Vorstellungshintergrunds, der niemals ausdrücklich in ihrenGedankenketten auftaucht“ (Whitehead) (1) . (shrink)

Although Kant is often considered the founding father of the controversial principle ‘Ought Implies Can’ (OIC), it is not at all clear how Kant himself understands and defends this principle. This essay provides a substained interpretation of Kant's views on OIC. I argue that Kant endorses two versions of OIC: a version that is concerned with our physical capacities, and a version that posits a link between moral obligation and a volitional power of choice. I show that although there are (...) important senses in which Kant's conception of OIC differs from the way in which OIC is discussed in recent philosophy, his account raises important issues for contemporary theory: for instance, it highlights the extent to which acceptance or rejection of OIC reflects convictions about the sources of normativity. (shrink)

It is standardly assumed that, in Kant, “free agency” is identical to moral agency and requires the will or practical reason. Likewise, it is often held that the concept of “spontaneity” that Kant uses in his theoretical philosophy is very different from, and much thinner than, his idea of practical spontaneity. In this paper I argue for the contrary view: Kant has a rich theory of doxastic free agency, and the spontaneity in empirical thought (which culminates in judgments of experience) (...) is essentially the same sort of spontaneity found in the practical use of reason. Accordingly, the faculties of understanding and practical reason both possess genuine autonomy. (shrink)

I examine a range of issues concerning Kant's conception of cognitive spontaneity. I consider whether we can cognize or know ourselves as spontaneous cognizers, and why Kant seems to regard the notion of cognitive spontaneity as less problematic than the idea of moral spontaneity. As an organizing theme of my discussion, I use an apparent tension between the A-edition and the B-edition of the first Critique. Against common interpretations, I argue that in the B-edition Kant does not revoke his claim (...) that we can cognize, and even know, that our noumenal selves are absolutely spontaneous cognitive agents. (shrink)

Bertrand russell, In his paper on "vagueness," claims that all language is vague. His first argument is that language is vague because all words-Physical-Object words, Logical words, Proper names, Etc.-Are vague. Or, To state the argument more fully: a word is vague if it is a word the extent of whose application is essentially doubtful; all words have an extent of application that is essentially doubtful; hence all words are vague. There are several difficulties, Most of which result from russell's (...) use of the phrase 'essentially doubtful'. Physical-Object words may be used vaguely. But to say that words may be used vaguely is not the same as saying that they are vague. Similar considerations apply to logical words. Concerning proper names I argue, First, That, Given russell's theory, He cannot consistently maintain that they are vague, And, Second, That the evidence he offers is not evidence for the vagueness of proper names but evidence that we are sometimes in doubt whether or not to give an entity a name. Russell's second argument is that language is a system, And, Since the system is vague, The component parts of the system must be vague. The argument has its difficulties. (shrink)

The aim to develop authentic forms of artistic lifestyle and self-expression played a formative role in the foundational period of post-punk in the late 1970s and early 1980s. The struggle for authenticity during that period was complicated by the artists’ growing awareness of the capitalist economy’s ability to coopt and assimilate the ideal of an authentic counter-culture, that is, to utilize this ideal for exclusively profit-oriented signing, marketing, and production strategies. In this essay, I consider what models of authenticity one (...) can glean from the early post-punk scene and whether some such model might yield a viable ideal of authenticity that is resilient against the threat of inauthentic mainstream cooption: an ideal that can, perhaps, inspire the ongoing contemporary struggle for authenticity. (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)

This essay is an attempt to interpret the behaviour of K. in Kafka's novel "Das Schloß". The focus is on three episodes that stand, respectively, at the beginning, the middle, and the end of the novel. In all of these episodes, the concepts of 'struggle' and 'victory' play a crucial role. By paying attention to the usage of these concepts, the passages under investigation can be shown to be interrelated in a significant way. Making these connections explicit allows one to (...) draw some far-reaching conclusions about K.'s personality. (shrink)

A monomethod bias still prevails in the psychology of religion, with the developing field studying the relationship between religiosity, spirituality and health being almost completely dominated by questionnaire research. This comes as a surprise, because the experiential side of religion, spirituality, can by definition be regarded as inner and private experiences of transcendence that have frequently been described as being of utmost importance. At first glance, from this perspective, standardized questionnaire scales appear to be inappropriate for “measuring the unmeasurable”. Until (...) now, no questionnaire instrument developed for the purpose of assessing spiritual and religious experiences has been qualitatively double-checked for intermethod validity. In order to throw light on whether questionnaire instruments are appropriate for measuring domains of spiritual and transcendental experiences, we tested a newly developed questionnaire instrument, the Exceptional Experience Questionnaire , for intermethod validity by conducting post-questionnaire interviews . This revealed that the EEQ was able to grasp these experiences within reasonable limits. However, two thirds of our interview sample said that the study had changed how they viewed these experiences. These findings suggest that the reactivity of quantitative instruments in grasping spiritual and transcendental domains should be taken into account, especially when devising longitudinal designs and further research is clearly needed. As a consequence, introducing a reflective circle of results stemming from both quantitative and qualitative approaches is recommended as the most useful and appropriate research tool for studying spiritual or mystical experiences, if not all constructs. (shrink)

I propose a new way of understanding Kant’s doctrine of freedom. My reading seeks to combine features of two popular opposed lines of interpretation, namely, of metaphysical and anti-metaphysical readings. I defend the view that Kant’s idealist attempt to ‘save’ human freedom involves substantive metaphysical commitments. However, I show that this interpretation can fruitfully integrate important insights that are standardly associated with deflationary readings: first, the idea that for Kant freedom and natural necessity can be ascribed to one and the (...) same human being; and second, the idea that for Kant the belief in freedom and the belief in natural necessity belong to two different standpoints. (shrink)

I attempt to answer the question of what Aristotle's criteria for 'being a substance' are in the Categories. On the basis of close textual analysis, I argue that subjecthood, conceived in a certain way, is the criterion that explains why both concrete objects and substance universals must be regarded as substances. It also explains the substantial primacy of concrete objects. But subjecthood can only function as such a criterion if both the subjecthood of concrete objects and the subjecthood of substance (...) universals can be understood as philosophically significant phenomena. By drawing on Aristotle's essentialism, I argue that such an understanding is possible: the subjecthood of substance universals cannot simply be reduced to that of primary substances. Primary and secondary substances mutually depend on each other for exercising their capacities to function as subjects. Thus, subjecthood can be regarded as a philosophically informative criterion for substancehood in the Categories. (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)

I provide a sympathetic reconstruction of Kant’s motivation for endorsing incompatibilism about human freedom. On my interpretation, Kant holds that if all the determining grounds of our actions were subject to natural necessity, we would never be free to respect or defy laws of practical reason, and for Kant such freedom is a condition for the possibility that our actions are governed by categorical imperatives. I argue that his view rests on a gripping construal of the rational imperfection that afflicts (...) the human will. (shrink)

I argue that Kant acknowledges two models of spontaneous self-determination that rational beings are capable of. The first model involves absolute unconditional necessity and excludes any form of contingency. The second model involves (albeit not as a matter of definition) a form of contingency which entails alternative possibilities for determining oneself. The first model would be exhibited by a divine being; the second model is exhibited by human beings. Human beings do, however, partake in the divine model up to an (...) extent, namely, as far as the legislative spontaneity of their law-giving faculties are concerned. I conclude by suggesting that for Kant, the mechanistic principle that we are exclusively determined by natural causes poses a twofold threat for human agency. In one respect (in relation to the second model), it threatens us with the obliteration of contingency, or with the universality of hypothetical necessity. But in another respect (in relation to the first model), it threatens us (and our putative "laws") with the obliteration of absolute necessity, or with the universality of contingency. (shrink)

In this article, seven strategies for dealing with cross-cultural ethical conflict are described. Conflict situations are classified on the basis of centrality and consensus on the values involved, influence of the decision maker, and urgency. A contingency model suggests appropriate strategies for different situations. The model is applied to representative cases of cross-cultural ethical conflict.

I examine the extent to which God is inscrutable to human reason in Kant's critical philosophy. I argue that Kant's view here is much more radical than the rationalist commonplace that we cannot grasp how divine perfection is compatible with the existence of (apparent) imperfections. In Kant's considered view, we are absolutely incapable of accurately representing God's nature in any minimally determinate way: when we try to go beyond the empty idea of a mere 'something', we inevitably distort the nature (...) of God in an anthropomorphic fashion. The reason for this radical inscrutability of God is that our discursive intellect with its finite conceptual resources cannot capture the nature of a supremely perfect being. Our only way to form a legitimate, positive notion of God is by means of an analogy with the features that we objectively cognize in finite beings. (shrink)

There is an argument against abortion that should be rejected. It is the argument that abortion is the killing of an innocent human being, and since the killing of an innocent human being is immoral, abortion is therefore immoral. The major premise should be corrected to read: ?Generally speaking, the killing of innocent human beings is immoral'; for in some situations morality demands the killing of the innocent. Moreover, given the deep structure of English and the differences between unborn and (...) born progeny, the question of whether a human fetus is a human being is best answered in the negative. (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.

To many readers, it has seemed that Kant's discussion of the relation between practical and transcendental freedom in the Transcendental Dialectic is inconsistent with his discussion of the same relation in the Canon of Pure Reason. In this paper I argue for a novel way of preserving the consistency of Kant's view: in both the Dialectic and the Canon, 'transcendental freedom' requires the absence of determination by all natural causes, whereas 'practical freedom' requires the absence of determination by, specifically, sensuous (...) incentives. However, I argue that the defense of freedom presented in the Canon is abandoned by Kant in the Groundwork when he first develops his conception of the absolute purity of moral motivation. (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)

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)