This chapter sheds light on a response to experimental philosophy that has not yet received enough attention: the reflection defense. According to proponents of this defense, judgments about philosophical cases are relevant only when they are the product of careful, nuanced, and conceptually rigorous reflection. The chapter argues that the reflection defense is misguided: Five studies (N>1800) are presented, showing that people make the same judgments when they are primed to engage in careful reflection as they do in the conditions (...) standardly used by experimental philosophers. (shrink)

In this paper we discuss a phenomenon we call perspectival plurality, which has gone largely unnoticed in the current debate between relativism and contextualism about predicates of personal taste. According to perspectival plurality, the truth value of a sentence containing more than one PPT may depend on more than one perspective. Prima facie, the phenomenon engenders a problem for relativism and can be shaped into an argument in favor of contextualism. We explore the consequences of perspectival plurality in depth and (...) assess several possible responses on behalf of advocates of relativism. (shrink)

As forms of private self-regulation, multi-stakeholder initiatives have emerged as an important empirical phenomenon in global governance processes. At the same time, MSIs are also theoretically intriguing because of their inherent double nature. On the one hand, MSIs spell out CSR standards that define norms for corporate behavior. On the other hand, MSIs are also the result of corporate and stakeholder behavior. We combine the perspectives of institutional theory and club theory to conceptualize this double nature of MSIs. Based on (...) a stage model that looks at the interplay of actor and institutional dynamics, we generate insights into why actors join a voluntary MSI, how the various motivations and intentions of the actors influence the standard development, and how these as well as the MSI design are subsequently influenced by both external and internal dynamics. (shrink)

Levels of organization are structures in nature, usually defined by part-whole relationships, with things at higher levels being composed of things at the next lower level. Typical levels of organization that one finds in the literature include the atomic, molecular, cellular, tissue, organ, organismal, group, population, community, ecosystem, landscape, and biosphere levels. References to levels of organization and related hierarchical depictions of nature are prominent in the life sciences and their philosophical study, and appear not only in introductory textbooks and (...) lectures, but also in cutting-edge research articles and reviews. In philosophy, perennial debates such as reduction, emergence, mechanistic explanation, interdisciplinary relations, natural selection, and many other topics, also rely substantially on the notion. -/- Yet, in spite of the ubiquity of the notion, levels of organization have received little explicit attention in biology or its philosophy. Usually they appear in the background as an implicit conceptual framework that is associated with vague intuitions. Attempts at providing general and broadly applicable definitions of levels of organization have not met wide acceptance. In recent years, several authors have put forward localized and minimalistic accounts of levels, and others have raised doubts about the usefulness of the notion as a whole. -/- There are many kinds of ‘levels’ that one may find in philosophy, science, and everyday life—the term is notoriously ambiguous. Besides levels of organization, there are levels of abstraction, realization, being, analysis, processing, theory, science, complexity, and many others. In this article, the focus will be on levels of organization and debates associated with them, and other kinds of levels will only be discussed when they are relevant to this main topic. (shrink)

In a series of ten preregistered experiments (N=2043), we investigate the effect of outcome valence on judgments of probability, negligence, and culpability – a phenomenon sometimes labelled moral (and legal) luck. We found that harmful outcomes, when contrasted with neutral outcomes, lead to increased perceived probability of harm ex post, and consequently to increased attribution of negligence and culpability. Rather than simply postulating a hindsight bias (as is common), we employ a variety of empirical means to demonstrate that the outcome-driven (...) asymmetry across perceived probabilities constitutes a systematic cognitive distortion. We then explore three distinct strategies to alleviate the hindsight bias and its downstream effects on mens rea and culpability ascriptions. Not all are successful, but at least some prove promising. They should, we argue, be taken into consideration in criminal jurisprudence, where distortions due to the hindsight bias are likely considerable and deeply disconcerting. (shrink)

According to radical versions of embodied cognition, human cognition and agency should be explained without the ascription of representational mental states. According to a standard reply, accounts of embodied cognition can explain only instances of cognition and agency that are not “representation-hungry”. Two main types of such representation-hungry phenomena have been discussed: cognition about “the absent” and about “the abstract”. Proponents of representationalism have maintained that a satisfactory account of such phenomena requires the ascription of mental representations. Opponents have denied (...) this. I will argue that there is another important representation-hungry phenomenon that has been overlooked in this debate: temporally extended planning agency. In particular, I will argue that it is very difficult to see how planning agency can be explained without the ascription of mental representations, even if we grant, for the sake of argument, that cognition about the absent and abstract can. We will see that this is a serious challenge for the radical as well as the more modest anti-representationalist versions of embodied cognition, and we will see that modest anti-representationalism is an unstable position. (shrink)

The notion of reduction continues to play a key role in philosophy of mind and philosophy of cognitive science. Supporters of reductionism claim that psychological properties or explanations reduce to neural properties or explanations, while antireductionists claim that such reductions are not possible. In this book, I apply recent developments in philosophy of science, particularly the mechanistic explanation paradigm and the interventionist theory of causation, to reassess the traditional approaches to reduction in philosophy of mind. I then elaborate and defend (...) a pluralistic framework for philosophy of mind, and show how reductionist ideas can be incorporated into it. This leads to a novel synthesis of pluralism and reductionism that I call pluralistic physicalism. (shrink)

In an important and widely discussed series of studies, Jonathan Phillips and colleagues have suggested that the ordinary concept of happiness has a substantial moral component. For in- stance, two persons who enjoy the same extent of positive emotions and are equally satisfied with their lives are judged as happy to different degrees if one is less moral than the other. Considering that the relation between morality and happiness or self-interest has been one of the central questions of moral philosophy (...) since at least Plato, such a result would be of considerable philosophical interest. On closer examination of the original research and new studies, we suggest that the data point to a different conclusion: in the dominant folk understanding of happiness, morality has no fundamental role. Findings seeming to indicate a moralized concept are better explained, we suggest, by folk theories on which extreme moral turpitude indicates that an individual suffers from psychological dysfunction. (shrink)

Recently Kenneth Kendler and Peter Zachar have raised doubts about the correspondence theory of truth and scientific realism in psychopathology. They argue that coherentist or pragmatist approaches to truth are better suited for understanding the reality of psychiatric disorders. In this article, I show that rejecting realism based on the correspondence theory is deeply problematic: It makes psychopathology categorically different from other sciences, and results in an implausible view of scientific discovery and progress. As an alternative, I suggest a robustness-based (...) approach that can accommodate the significance of coherence and pragmatic factors without rejecting scientific realism and the correspondence theory of truth. (shrink)

It is the purpose of this paper to address ethical issues concerning the development and application of Assistive Technology at Workplaces (ATW). We shall give a concrete technical concept how such technology might be constructed and propose eight technical functions it should adopt in order to serve its purpose. Then, we discuss the normative questions why one should use ATW, and by what means. We argue that ATW is good to the extent that it ensures social inclusion and consider four (...) normative domains in which its worth might consists in. In addition, we insist that ATW must satisfy two requirements of good workplaces, which we specify as (a) an exploitation restraint and (b) a duty of care. (shrink)

Finding causes is a central goal in psychological research. In this paper, I argue based on the interventionist approach to causal discovery that the search for psychological causes faces great obstacles. Psychological interventions are likely to be fat-handed: they change several variables simultaneously, and it is not known to what extent such interventions give leverage for causal inference. Moreover, due to problems of measurement, the degree to which an intervention was fat-handed, or more generally, what the intervention in fact did, (...) is difficult to reliably estimate. A further complication is that the causal findings in psychology are typically made at the population level, and such findings do not allow inferences to individual-level causal relationships. I also discuss the implications of these problems for research, as well as various ways of addressing them, such as focusing more on the discovery of robust but non-causal patterns. (shrink)

In Pantsar, an outline for an empirically feasible epistemological theory of arithmetic is presented. According to that theory, arithmetical knowledge is based on biological primitives but in the resulting empirical context develops an essentially a priori character. Such contextual a priori theory of arithmetical knowledge can explain two of the three characteristics that are usually associated with mathematical knowledge: that it appears to be a priori and objective. In this paper it is argued that it can also explain the third (...) one: why arithmetical knowledge appears to be necessary. A Kripkean analysis of necessity is used as an example to show that a proper analysis of the relevant possible worlds can explain arithmetical necessity in a sufficiently strong form. (shrink)

This article aims to classify those reducts of expansions of (Q, <) by unary predicates which eliminate quantifiers, and in particular to show that, up to interdefinability, there are only finitely many for a given language. Equivalently, we wish to classify the closed subgroups of Sym(Q) containing the group of all automorphisms of (Q, <) fixing setwise certain subsets. This goal is achieved for expansions by convex predicates, yielding expansions by constants as a special case, and for the expansion by (...) a dense, co-dense predicate. Partial results are obtained in the general setting of several dense predicates. (shrink)

In an important and widely discussed series of studies, Jonathan Phillips and colleagues have suggested that the ordinary concept of happiness has a substantial moral component. For in- stance, two persons who enjoy the same extent of positive emotions and are equally satisfied with their lives are judged as happy to different degrees if one is less moral than the other. Considering that the relation between morality and happiness or self-interest has been one of the central questions of moral philosophy (...) since at least Plato, such a result would be of considerable philosophical interest. On closer examination of the original research and new studies, we suggest that the data point to a different conclusion: in the dominant folk understanding of happiness, morality has no fundamental role. Findings seeming to indicate a moralized concept are better explained, we suggest, by folk theories on which extreme moral turpitude indicates that an individual suffers from psychological dysfunction. (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)

The two main domains of high culture - the arts and the sciences - seem to be completely different, simply unrelated. Is there any sense then in talking about culture in the singular as a unity? A positive answer to this question presupposes that there is a single conceptual scheme, in terms of which it is possible to articulate both the underlying similarities and the basic differences between these domains. This article argues that - at least in respect of ‘classical’ (...) modernity - there is such a framework: the normatively conceived Author-Work-Recipient relation. It allows the disclosure of the paradoxical unity of culture: its two main realms are constituted as polar opposites and thus as strictly complementary. Through such an organization, culture could fulfil an affirmative, compensatory role. At the same time however, it also allowed culture to acquire the character of social critique, a function realized through the antagonistically opposed projects of Enlightenment and Romanticism - projects whose illusions are now evident. (shrink)

I examine the division of labor between the Metaphysical Deduction (MD) and the Transcendental Deduction (TD). Against a common reading, I argue that the MD is insufficient to prove the a priori origin of the categories. For both Kant and his main opponent, namely Hume, the question of whether the categories have an a priori origin in the pure understanding is inseparable from the question of whether they have objective validity. Since the MD does not establish the objective validity of (...) the categories, it cannot establish their a priori origin either. The MD is nevertheless an indispensable part of Kant's project because it lays the argumentative groundwork for the proof structure of the TD and because it provides the systematic plan for the future metaphysics of experience. (shrink)

The idea of reduction has appeared in different forms throughout the history of science and philosophy. Thales took water to be the fundamental principle of all things; Leucippus and Democritus argued that everything is composed of small, indivisible atoms; Galileo and Newton tried to explain all motion with a few basic laws; 17th century mechanism conceived of everything in terms of the motions and collisions of particles of matter; British Empiricism held that all knowledge is, at root, experiential knowledge; current (...) physicists are searching for the GUT, the “grand unified theory,” that will show that at very high energies the electromagnetic and the weak and strong nuclear forces are fused into a single unified field. Some of these projects are clearly ontological in nature (Leucippus and Democritus), others are more methodological (mechanism), and still others strive for theoretical simplification (the projects of Galileo and Newton or the search for a GUT). Nevertheless, as they all aim at revealing some kind of unity or simplicity behind the appearance of plurality or complexity, they may all be regarded as (attempted) reductions. (shrink)

This article applies the tools of experimental philosophy to the ongoing debate about both the theoretical viability and the practical import of partially aggregative moral theories in distributive ethics. We conduct a series of three experiments (N=383): First, we document the widespread occurrence of the intuitions that motivate this position. Our study then moves beyond establishing the existence of partially aggregative intuitions in two dimensions: First, we extend experimental work in such a way as to ascertain which amongst existing versions (...) of partial aggregation (localised vs. global) chimes more fully with moral common sense. Specifically, we document how, in tie-breaking cases, ‘irrelevant goods’ judgments (Kamm) are just as robust as the original aggregative/non-aggregative pair of judgments that constitute partial aggregation. Second, by pairing laypeople’s moral judgments in standard cases with their intuitions about the limits of permissible self-prioritisation, we investigate whether one prominent explanation of why irrelevant claims may not be aggregated (Voorhoeve’s ‘personal prerogative’ argument) can be said to underpin people’s intuitions about the (ir)relevance relation of claims in conflict cases. We close with a discussion of our findings’ practical and theoretical import and highlight avenues for future research. (shrink)

Mental state reasoning or theory-of-mind has been the subject of a rich body of imaging research. Although such investigations routinely tap a common set of regions, the precise function of each area remains a contentious matter. With the help of functional magnetic resonance imaging (fMRI), we sought to determine which areas are involved when processing mental state or intentional metarepresentations by focusing on the relational aspect of such representations. Using non-intentional relational representations such as spatial relations between persons and between (...) objects as a contrast, the results ascertained the involvement of the precuneus, the temporal poles, and the medial prefrontal cortex in the processing of intentional representations. In contrast, the anterior superior temporal sulcus and the left temporo-parietal junction were implicated when processing representations that refer to the presence of persons in relational contexts in general. The right temporo-parietal junction, however, was specifically activated for persons entering spatial relations. The level of representational complexity, a previously unexplored factor, was also found to modulate the neural response in some brain regions, such as the medial prefrontal cortex and the right temporo-parietal junction. These findings highlight the need to take into account the critical roles played by an extensive network of neural regions during mental state reasoning. (shrink)

The concept of a good life is usually assumed by philosophers to be equivalent to that of well-being, or perhaps of a morally good life, and hence has received little attention as a potentially distinct subject matter. In a series of experiments participants were presented with vignettes involving socially sanctioned wrongdoing toward outgroup members. Findings indicated that, for a large majority, judgments of bad character strongly reduce ascriptions of the good life, while having no impact at all on ascriptions of (...) happiness or well-being. Taken together with earlier findings these results suggest that the lay concept of a good life is clearly distinct from those of happiness, well-being, or morality , likely encompassing both morality and well-being, and perhaps other values as well: whatever matters in a person’s life. Importantly, morality appears not to play a fundamental role in either happiness or well-being among the folk. (shrink)

For most of its history, the psychology of reasoning was dominated by binary extensional logic. The so-called “new paradigm” instead puts subjective degrees of belief center stage, often represented as probabilities. We argue that the “new paradigm” is too vaguely defined and therefore does not allow a clear decision about what falls within its scope and what does not. We also show that there was not one settled theoretical “old” paradigm, before the new developments emerged, and that the alleged new (...) paradigm is less revolutionary as the term suggests. A more veridical view is that current progress is developing in continuities where rival research programs can thrive or fail in the face of new experimental findings. The article closes with some topics where more connections between competing research programs are likely to promote progress in our understanding of human reasoning. (shrink)

Psychological measurement has received strong criticism throughout the history of psychological science. Nevertheless, measurements of attributes such as emotions or intelligence continue to be widely used in research and society. I address this puzzle by presenting a new causal perspective to psychological measurement. I start with assumptions that both critics and proponents of psychological measurement are likely to accept: a minimal causal condition and the observation that most psychological concepts are ill-defined or ambiguous. Based on this, I argue that psychological (...) measurement is fundamentally different from measurement in the physical sciences but can nevertheless be useful. (shrink)

Several attempts have been done to distinguish “positive” information in an arbitrary first order theory, i.e., to find a well behaved class of closed sets among the definable sets. In many cases, a definable set is said to be closed if its conjugates are sufficiently distinct from each other. Each such definition yields a class of theories, namely those where all definable sets are constructible, i.e., boolean combinations of closed sets. Here are some examples, ordered by strength:Weak normality describes a (...) rather small class of theories which are well understood by now (see, for example, [P]). On the other hand, normalization is so weak that all theories, in a suitable context, are normalizable (see [HH]). Thus equational theories form an interesting intermediate class of theories. Little work has been done so far. The original work of Srour [S1, S2, S3] adopts a point of view that is closer to universal algebra than to stability theory. The fundamental definitions and model theoretic properties can be found in [PS], though some easy observations are missing there. Hrushovski's example of a stable non-equational theory, the first and only one so far, is described in the unfortunately unpublished manuscript [HS]. In fact, it is an expansion of the free pseudospace constructed independently by Baudisch and Pillay in [BP] as an example of a strictly 2-ample theory. Strong equationality, defined in [Hr], is also investigated in [HS]. (shrink)

Despite a voluminous literature on happiness and well‐being, debates have been stunted by persistent dissensus on what exactly the subject matter is. Commentators frequently appeal to intuitions about the nature of happiness or well‐being, raising the question of how representative those intuitions are. In a series of studies, we examined lay intuitions involving happiness‐ and well‐being‐related terms to assess their sensitivity to internal (psychological) versus external conditions. We found that all terms, including ‘happy’, ‘doing well’ and ‘good life’, were far (...) more sensitive to internal than external conditions, suggesting that for laypersons, mental states are the most important part of happiness and well‐being. But several terms, including ‘doing well’, ‘good life’ and ‘enviable life’ were substantially more sensitive to external conditions than others, such as ‘happy’, consistent with dominant philosophical views of well‐being. Interestingly, the expression ‘happy’ was completely insensitive to external conditions for about two thirds of our participants, suggesting a purely psychological concept among most individuals. Overall, our findings suggest that lay thinking in this domain divides between two concepts, or families thereof: a purely psychological notion of being happy, and one or more concepts equivalent to, or encompassing, the philosophical concept of well‐being. In addition, being happy is dominantly regarded as just one element of well‐being. These findings have considerable import for philosophical debates, empirical research and public policy. (shrink)

Danaher (2016) has argued that increasing robotization can lead to retribution gaps: Situation in which the normative fact that nobody can be justly held responsible for a harmful outcome stands in conflict with our retributivist moral dispositions. In this paper, we report a cross-cultural empirical study based on Sparrow’s (2007) famous example of an autonomous weapon system committing a war crime, which was conducted with participants from the US, Japan and Germany. We find that (i) people manifest a considerable willingness (...) to hold autonomous systems morally responsible, (ii) partially exculpate human agents when interacting with such systems, and that more generally (iii) the possibility of normative responsibility gaps is indeed at odds with people’s pronounced retributivist inclinations. We discuss what these results mean for potential implications of the retribution gap and other positions in the responsibility gap literature. (shrink)

We show that equational independence in the sense of Srour equals local non-forking. We then examine so-called almost equational theories where equational independence is a symmetric relation.

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)

I consider an epistemological, methodological dispute between Nietzsche and Kant about the possibility of rational self-critique: an activity where the intellect reflects on its cognitive powers, demarcates the proper use and limitations of these powers, and thereby achieves a systematically complete insight into what we can and cannot know. Kant affirms whereas Nietzsche denies that we can successfully conduct such a self-directed rational enquiry. By reconstructing the central argumentative moves that Nietzsche and Kant do or could make to defend their (...) respective position, I trace their disagreement to starkly diverging models of philosophical enquiry, of what philosophy is and ought to be all about. (shrink)

I discuss the difference and the connections between Kant’s notions of cognition (Erkenntnis) and knowledge (Wissen). Unlike knowledge, cognition is a representational state which need not have the propositional structure of a judgments. Even cognitions that have such a structure need not coincide with knowledge, because they might rather have the doxastic status of opinion or faith, or they might be false (whereas knowledge is a certain recognition of truth). I argue that while Kant distinguishes between many different species of (...) cognition, he uses the term ‘knowledge’ univocally across his theoretical and practical philosophy. All knowledge is based upon some kind of cognition that provides the sufficient objective, certain ground for a knowing assent to a proposition. However, not all knowledge must be based upon the demanding type of cognition that is central to Kant’s overall argument in the first Critique, which requires a synthesis of concepts and sensible intuition. We have a lot of determinate knowledge, including knowledge that we possess transcendental freedom of will, that is based upon purely conceptual practical cognition. We can also have some indeterminate philosophical knowledge (e.g. knowledge that there are non-sensible, noumenal beings) that is based upon purely conceptual theoretical cognition. (shrink)

In Kant’s idealism, all spatiotemporal objects depend on the human mind in a certain way. A central issue here is whether the existence of spatiotemporal things requires that these things are, at least at some point, objects of some actual experience or of a merely possible experience. In this essay, I argue (on textual and philosophical grounds) for the latter view: spatiotemporal things exist (or spatiotemporal events occur) if they are objects of a (suitably qualified) possible experience.

Building on Peres’ idea of “Delayed-choice for entanglement swapping” we show that even the degree to which quantum systems were entangled can be defined after they have been registered and may even not exist any more. This does not arise as a paradox if the quantum state is viewed as just a representative of information. Moreover such a view gives a natural quantification of the complementarity between the measure of information about the input state for teleportation and the amount of (...) entanglement of the resulting swapped entangled state. (shrink)

Sind die Menschenrechte primär Ausdruck einer politischen Praxis und die Idee der Menschenrechte eine Art „Überbau“, den die Praxis epiphänomenal hervorbringt? Oder ist die Praxis der Menschenrechte das Ergebnis der Verwirklichung einer normativen Idee, die unabhängig von ihr existiert? Ist die Idee der Menschenrechte die Bedingung dafür, dass es die Praxis der Menschenrechte geben kann? Oder gibt es einen Vorrang der Praxis vor der Idee? In meinem Aufsatz argumentiere ich für zwei These: 1. These: Menschenrechte sind prinzipiell unabhängig von jeder (...) bestehenden rechtlichpolitischen Praxis und sind zugleich untrennbar an bestimmte rechtlich-politische Praktiken geknüpft. Darin besteht der konstitutive Widerspruch der Menschenrechte. 2. These: Aus diesem Widerspruch folgt nicht, dass wir aufhören sollten über Menschenrechte nachzudenken und eine Politik der Menschenrechte anzustreben. Der Widerspruch hat keine lähmende Wirkung, sondern ist theoretisch und praktisch produktiv. Um diese Thesen zu plausiblisieren, werde ich zunächst einige Grundzüge von Arendts Diskussion der Menschenrechte rekapitulieren (Abschnitt 2) und ihr Postulat eines den Menschenrechten vorgelagerten „Rechts, Rechte zu haben“ diskutieren (Abschnitt 3). Ausgehend von einer kritischen Diskussion der diskurstheoretischen Weiterentwicklung von Arendts These zu einem „Recht auf Rechtfertigung“ im diskurstheoretischen Konstruktivismus von Seyla Benhabib und Rainer Forst (Abschnitt 4) werde ich einen rechtfertigungstheoretischen Dekonstruktivismus vorstellen, der das Verhältnis von Praxis und Idee der Menschenrechte als produktiven Widerspruch fasst (Abschnitt 5). (shrink)

Der Text greift Peter Bürgers Diskussion der künstlerischen Avantgarde auf und stellt dessen Diktum infrage, dass die avantgardistische Intention, Kunst und Leben zu vereinen, dauerhaft gescheitert sei. Im hermeneutischen Verfahren wird Architektur als Medium erschlossen, indem pragmatische Weltbeziehung und ästhetisierte Wahrnehmung zusammenfallen (können). Zwei Formen der Integration von lebensweltlicher Praxis und Kunst werden dabei rekonstruiert: ein Zusammenspiel von Funktionalität und »interesselosem Wohlgefallen« (Kant) sowie eine funktionalisierte Stilisierung architektonischer Formen. Vom Standpunkt einer dialektischen Geschichtsinterpretation wird auf diesem Wege die historische Intention (...) der Avantgarde als kritischer Maßstab zur Beurteilung zeitgenössischer Architektur aktualisiert. Ausgehend von den Ausführungen wird abschließend ein Ausblick auf Grundzüge ästhetischer Bildung eröffnet. (shrink)

Der Aufsatz beschäftigt sich am Beispiel des deutschen "Kopftuchstreits" mit der rechtlich-politischen Auseinandersetzung um subjektive Rechte innerhalb des liberalen Rechtsstaats. Wie Christoph Menke in seiner Deutung der für den politischen Liberalismus wesentlichen politischen Konflikte gezeigt hat, bezieht sich diese Auseinandersetzung vorrangig auf zwei Fragen: Wer sollte Anspruch darauf genießen, ein politisches Subjekt zu sein, das heißt, als Gleiche oder Gleicher berücksichtigt zu werden? Welche Ansprüche politischer Subjekte könneen als schützenswerte Verwirklichung subjektiver Rechte gelten? Der vorliegende Beitrag beschäftigt sich vorwiegend mit (...) der Frage, wie die politischen Konflikte des letztgenannten Typs auf die rechtliche Auseinandersetzung um Grundrechte abfärben. Damit wende ich mich gegen ein Verständnis der Grundrechte, das diese als Garant der ethischen Neutralität eines liberalen Gemeinwesens ansieht. Ich möchte zeigen, dass der Sinn subjektiver Rechte in der liberalen Demokratie zwar unter anderem genau darin besteht, dass sie partikulare ethische Wertvorstellungen neutralisieren und die Bürgerinnen und Bürger innerhalb eines vernünftigen Rahmens vor Unterdrückung schützen. Wie eine Analyse der Entscheidungen des Bundesverfassungsgerichts (BVerfG) zum "Kopftuchstreit" zeigt, wird diese Funktion aber stets zugleich durch die partikulare Interpretation gleicher Rechte unterminiert. Dies bezeichne ich als die Dekonstruktion der Neutralität, die sich im Recht vollzieht. (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)

Condition essentielle de la responsabilité civile, la notion de causalité reste aujourd’hui difficile à saisir et sujette à nombreuses discussions. Les contributions présentées dans cet ouvrage abordent la question à nouveaux frais, en adoptant un point de vue résolument interdisciplinaire mêlant philosophie, droit et économie. Sont envisagées successivement des difficultés que le contentieux de la causalité met régulièrement en évidence. Ainsi, la difficile articulation entre causalité juridique et causalité scientifique conduit à s’interroger sur le rôle de la science : doit-elle (...) guider le droit ou faut-il considérer que la causalité en droit n’est qu’un “construit” juridique dégagé de toute perspective scientifique ? Sont également évoquées les diverses tentatives de formalisation analytique de la causalité comme l’analyse contrefactuelle, le critère NESS et les définitions probabilistes de la causalité, ainsi que leur capacité à répondre aux questions redoutables suscitées par la présence de co-auteurs multiples ou d’hypothèses de “surdétermination causale”. Ces réflexions fondamentales ouvrent alors sur les autres aspects clefs de la causalité en droit et en économie comme la preuve et le rôle du raisonnement probabiliste, ou les modalités de la contribution à la dette de réparation en présence d’une pluralité de co-auteurs. Est alors mis en évidence l’apport des sciences économiques, qui permet de classer les différentes techniques d’attribution de la responsabilité et de discuter des propriétés économiques des règles de répartition de la charge de la dette de réparation. Cet ouvrage s’adresse aux chercheurs et aux praticiens confrontés aux questions délicates posées par la causalité dans le droit de la responsabilité civile. (shrink)

Bernard of Clairvaux's understanding of secientia mundi is founded in the Bible and obviously is pejorative. It is a knowledge that leads to vanity. This is why it is the knowledge of the morally bad. In his theology, inspired by Paul, Bernard opposes to this negatively qualified wisdom of the world the wisdom of God that is identical with Christ (sapientia Dei). This wisdom is characterized by saintliness and peacefulness. The God-given effects of this essentially divine wisdom can also be (...) seen in the wisdom of the wise and just human being. This wisdom consists in the knowledge that is required for the actualisation of the love of God and of the love of the neighbour and is thus necessary for the salvation of the human being. (shrink)