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.

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)

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)

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 2023 we celebrate the tricentenary of Adam Smith’s birth with the publication of an amazing amount of critical work, even though the story of Smith’s reading and reception is rather uneven. From...

In lieu of an abstract, here is a brief excerpt of the content:Guilt History:Benjamin's Sketch "Capitalism as Religion"Werner Hamacher (bio)Translated by Kirk Wetters (bio)History as Exchange EconomySince history cannot be conceived as a chain of events produced by mechanical causation, it must be thought of as a connection between occurrences that meets at least two conditions: first that it admit indeterminacy and thus freedom, and second that it nonetheless be demonstrable in determinate occurrences and in the distinct form of their (...) coherence. Relations can thus be called historical and can be recognized as historical only if they are determined by neither necessity nor chance, and if their causality is of a different order than the mechanical. The temporal structure of history can therefore be characterized on the one hand by the distinct connection of its elements—and on the other hand by the dissolution of all connections that do not assist these elements in achieving their independence.A temporal nexus that clearly does not satisfy these conflicting requirements has been characterized in one of the oldest texts of occidental philosophy as the time of guilt. According to the sentence of Anaximander (from about 500 BC), handed down by Simplicius in his commentary (530 AD) on Aristotle's Physics, the origin and end of all things is subordinated to the law of necessity (katà tó kreòn). "They must pay penance and be judged for their injustice, according to the order of time (katà tèn tou chrónou táxin)"—so the fragment reads in the translation offered by Nietzsche in his treatise "Philosophy in the Tragic Age of the Greeks." According to Anaximander, the sequence of time orders the rise and fall of all things and orders them in accordance with the law of guilt and punishment so that becoming (génesis) is a guilt (adikía) that must be expiated in perishing. Time and more precisely its táxis, the positing of time, is thought in Anaximander's sentence as an order of guilt and retribution, debt and payback. It is a time of economy in the sense that it is the time of law—and precisely a law that is valid for all beings, a táxis, a decree, an ordinance and an ordering—in which the unavoidable incurring of guilt is atoned in an equivalent penance that is just as unavoidable. The strict coherence of guilt and penance is ascertained by the principle of their equivalence. Time is therefore conceived here as a double process of coming into being and perishing, [End Page 81] a process that occurs in such a way that the genesis is erased in its passing away—so that time is thus erased by time itself.In Anaximander's sentence, however, time is not only the double-process of coming into being and passing away, it is—as a táxis—the common and constantly enduring medium of the exchange of the contrary but equivalent motions of coming into being and perishing. It is the time of the quid pro quo of everything that is generated and passes away within time. Its measure is a justice that represents itself as a táxis and thereby as the positing and the law of all becoming and vanishing, the law of physis and its demise as an onto-economic law. This taxiological order of time places every realm of the natural and human world under a law of substitution without exception; this also allows ethical, juridical, and economic concepts to substitute for one another within this order. The ethical dimension of justice, thus circumscribed by the order of time, is reduced to the juridical dimension of the decree, and both now define themselves according to the calculus of "an exchange economy in an eternally unchanging household of nature."1 It can only, however, be a matter of an ethics of time to the extent that this ethics, already juridified and economized, is subordinated to the schema of exchange, trade, and the equivalence of guilt and retribution. The time of history, ethical time, is thus interpreted in Anaximander's sentence as a normative time of inculpation and expiation. Whatever enters this táxis of time is thereby already guilty and can... (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)

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)

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)

The development and management of the Covid-19 outbreak in the Netherlands is described. The “intelligent lockdown” was aimed at minimizing new infections and limiting the number of deaths, while keeping the economy running as much as possible. Changes in consumer behavior, exit strategy, and lessons learned are considered.

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.

"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)

Hastings Center Report, Volume 52, Issue 1, Page 15-20, January/February 2022.

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 (as a collective) 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)

This article examines the legitimacy attached to different types of multi-stakeholder data partnerships occurring in the context of sustainable development. We develop a framework to assess the democratic legitimacy of two types of data partnerships: open data partnerships and closed data partnerships. Our framework specifies criteria for assessing the legitimacy of relevant partnerships with regard to their input legitimacy as well as their output legitimacy. We demonstrate which particular characteristics of open and closed partnerships can be expected to influence an (...) analysis of their input and output legitimacy. (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)

In der Literatur der deutschen Romantik wird die jüdische Mystik auch von christlichen Autoren wie Novalis, F. Schlegel, Brentano, Arnim und E.T.A. Hoffmann entdeckt. Während die Kabbala bei Theologen und Philosophen der Romantik als religiöse Urlehre der Menschheit und als Brücke zwischen rabbinischer Tradition und Christentum galt, fasziniert sie die Literaten als esoterische jüdische Zauber- und Geheimlehre sowie als Trope einer die Rationalität und die Autorenintentionen übersteigenden, magischen Eigenmächtigkeit von Sprache und Schrift.

Anlasslich des 100. Todestages von Hermann Cohen und 100 Jahre nach Erscheinen seines Spatwerkes "Religion der Vernunft aus den Quellen des Judentums" behandelt dieser Band im Spannungsfeld von Philosophie und Religion die Frage des Nationalen, die im gegenwartigen Prozess der Radikalisierung und Politisierung der religiosen und philosophischen Grundfragen von Vernunft und Ethik zunehmend an Bedeutung gewinnt. Eine Bedingung fur das Verstandnis von Cohens Kantkritik ist in diesem Zusammenhang ein systematisches Zusammenlesen seiner erkenntnistheoretischen Werke mit seinen "Judischen Schriften". Um dem Judentum, (...) sowohl im Deutsch-Nationalen als auch in der "christlichen Kultur", einen Ort einzuraumen, bricht Cohen die Begriffe des Nationalismus und der Kultur als solche auf und idealisiert sie humanistisch-universal. Den ethischen Idealismus sah Cohen gleichermassen begrundet in der Religion der Propheten, der sich die doppelsinnige Einheit von Monotheismus und Messianismus, d.h. das Ziel der einen Menschheit am Ende der Tage, verdankt. Der ursachliche Zusammenhang zwischen Monotheismus, Wahrheit, Ethik und Jurisprudenz im Judentum fuhrt Cohen in seinem Spatwerk zu einer neuen Definition von Religion und Kultur. (shrink)

This paper answers the question how pragmatic argumentation which occurs in a legal context, can be analyzed and evaluated adequately. First, the author surveys various ideas taken from argumentation theory and legal theory on the analysis and evaluation of pragmatic argumentation. Then, on the basis of these ideas, she develops a pragma-dialectical instrument for analyzing and evaluating pragmatic argumentation in a legal context. Finally she demonstrates how this instrument can be used by giving an exemplary analysis and evaluation of pragmatic (...) argumentation in a decision of the Dutch Supreme Court. (shrink)

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)

« Le vieil original si intelligent, si fou » que Marcel Proust évoque à travers les autoportraits de Chardin, s'est-il dépeint lui-même sous le masque projectif du sage, dans l'un de ses tableaux les plus célèbres, le Philosophe du Louvre? Le maître de la nature morte, voulant s'élever dans la hiérarchie des rangs de I' Académie, a semble-t-il cherché, dans cette oeuvre de jeunesse, à suppléer à « son défaut d'instruction» dans «les humanités», par la représentation d'un personnage au goût (...) du jour, d'un moderne philosophe. Philosophe, Chimiste dans son laboratoire, Souffleur ou Philosophe occupé de sa lecture, le tableau du Louvre (1734) est-il un emblème? L'hypothèse retenue, que cette peinture donne figure à un philosophe chimiste et non à un charlatan ou à un alchimiste, se construit sur le rapprochement du tableau et du libelle anonyme intitulé Philosophe, mis en circulation d'après Voltaire dans les années 1730. (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)

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)

In this paper, the author develops an instrument for the rational reconstruction of argumentation in which a judicial decision is justified by referring to the consequences in relation to the purpose of the rule. The instrument is developed by integrating insights from legal theory and legal philosophy about the function and use of arguments from consequences in relation to the purpose of a rule into a pragma-dialectical framework. Then, by applying the instrument to the analysis of examples from legal practice, (...) it is demonstrated that the instrument can offer a heuristic and critical tool for the analysis and evaluation of legal argumentation that can ‘bridge’ the gap between more abstract discussions of forms of legal argumentation on the one hand, and legal arguments as they occur in actual legal practice on the other hand. (shrink)

Estonia has successfully created a digital society within the past 2 decades. It is best known for its eGovernment achievements, but it is also home for four unicorn star-ups. While the state is aiming to attract tech investments with e-Residency program and has recently started to invest into protecting national IP and safeguarding data from cybercrime by applying blockchain technology and creating its “digital embassy” in Luxembourg, emerging technologies such as and applications of artificial intelligence but also internet of things (...) have posed the question on legal regulation and standardization. The dilemma, however, seems to be that since the new technologies, such artificial intelligence is much more overwhelming phenomenon than e-governance and presumably, before deciding the legal standards, the political and economic strategies that go beyond the e-governance should be set. (shrink)

The author gives an analysis of the strategic manoeuvring in the justification of legal decisions from a pragma-dialectical perspective by showing how a judge tries to reconcile dialectical and rhetorical aims. On the basis of an analysis and evaluation of the argumentation given by the US Supreme Court in the famous Holy Trinity case, it is shown how in a case in which the judge wants to make an exception to a legal rule for the concrete case tries to meet (...) the dialectical reasonableness norm by seeing to it that his standpoint is sufficiently defended according to the requirements of the burden of proof of a judge in a rational critical discussion and how he tries at the same time to be rhetorically convincing for the legal audience by presenting the decision as a choice that is in line with the argumentation schemes and starting points that can be considered as accepted by the legal community in the US and by the US community as a whole. (shrink)