Niklas Luhmann is widely recognized as one of the most original thinkers in the social sciences today. This major new work further develops the theories of the author by offering a challenging analysis of the relationship between society and the environment. Luhmann extends the concept of "ecology" to refer to any analysis that looks at connections between social systems and the surrounding environment. He traces the development of the notion of "environment" from the medieval idea--which encompasses both human and (...) natural systems--to our modern definition, which separates social systems from the external environment. In Luhmann's thought, human beings form part of the environment, while social systems consist only of communications. Utilizing this distinctive theoretical perspective, Luhmann presents a comprehensive catalog of society's reactions to environmental problems. He investigates the spheres of the economy, law, science, politics, religion, and education to show how these areas relate to environmental issues. Ecological Communication is an important work that critically examines claims central to our society--claims to modernity and rationality. It will be of great importance to scholars and students in sociology, political science, philosophy, anthropology, and law. (shrink)

This work represents Niklas Luhmann's definitive application of systems theory to the understanding of law. In it Luhmann reviews past attempts to create a theory of law and argues they all fail to capture how law operates in modern society. He presents an alternative, critical theory through analysing law as a system of communication.

This is part 2 of an interview with Prof. J. Conant, conducted by Niklas Forsberg.

This book involves an in-depth analysis of the ethical, political and philosophical issues related to health-oriented screening programs.

This is part 2 och an interview with Prof. J. Conant, conducted by Niklas Forsberg. This article will be published at the end of June 2016.

Name der Zeitschrift: Nordic Wittgenstein Review Jahrgang: 2 Heft: 1 Seiten: 131-160.

The literature on democracy and disagreement has argued that the principle of respect for judgement requires that disagreement within democracy is resolved by a democratic decision. This paper raises the question what the principle of respect for judgement requires when there is disagreement on democratic inclusion. The paper argues that not all, but some, disagreements on democratic inclusion must be resolved by a democratic decision. Three reasons for when it need not are distinguished, issue-related reasons, people-related reasons, and judgement-related reasons. (...) When parties disagree on democratic inclusion because they disagree on basic principles, the disagreement need not be resolved by a democratic decision, for issue-related or for people-related reasons. When, instead, parties disagree on democratic inclusion despite agreeing on basic principles, the disagreement must be resolved by a democratic decision if the judgements of the disagreeing parties are reasonable. (shrink)

Translator's Introduction Political Theory in the Welfare State [Politische Theorie im Wohl- fahrtsstaat] was originally published (Olzog, Munich) in. ...

In this volume, Niklas Luhmann, the leading exponent of systems theory, explores its implications for our understanding of law. The volume provides a rigorous application to law of a theory that offers profound insights into the relationships between law and other aspects of contemporary society, including politics, the economy, the media, education, and religion.Readership: Academics and students of sociology, law, philosophy, and legal philosophy.

Language Lost and Found takes as its starting-point Iris Murdoch's claim that "we have suffered a general loss of concepts." By means of a thorough reading of Iris Murdoch's philosophy in the light of this difficulty, it offers a detailed examination of the problem of linguistic community and the roots of the thought that some philosophical problems arise due to our having lost the sense of our own language. But it is also a call for a radical reconsideration of how (...) philosophy and literature relate to each other on a general level and in Murdoch's authorship in particular. (shrink)

Das Buch untersucht die Relation der Ahnlichkeit in ihrer Bedeutung fur Asthetik und Epistemologie der Moderne. HAtte Michel Foucault in Die Ordnung der Dinge die These formuliert, dass die Ahnlichkeit ihre Rolle als strukturierende Form des Wissens im Laufe des siebzehnten Jahrhunderts verloren habe, so geht die vorliegende Untersuchung davon aus, dass das Ahnlichkeitsdenken auch in der Moderne von grundlegender Bedeutung ist. LEitend ist dabei die Annahme, dass die Ahnlichkeit ihre besondere Relevanz nun in einem Diskurs uber asthetische Erfahrung entfaltet, (...) wobei sich von dort aus wiederum fundamentale Fragestellungen der Erkenntnistheorie eroffnen. DEn Ausgangspunkt der Untersuchung bildet die Philosophie Immanuel Kants in ihrer maSSgeblichen Bedeutung fur asthetische Theorien der Moderne. ANhand detaillierter Lekturen von Texten von Walter Benjamin, Paul Valéry und Theodor W. ADorno wird die Argumentation weiter entfaltet, womit auch die in der Forschung bislang nicht berucksichtigte Konstellation Valéry - Benjamin - Adorno erstmals genauer in den Blick genommen ist. DIe Arbeit ist im Fach der Literaturwissenschaft angesiedelt, jedoch grundsatzlich interdisziplinar auf Fragen der Asthetik und Kunsttheorie ausgerichtet. (shrink)

This chapter discusses some concerns regarding the effects of enhancement technologies on autonomy and authenticity, insofar as authenticity relates to autonomy. As a preliminary, it describes how enhancement and autonomy should be understood in this context along with some examples of enhancement. The chapter moves on to explain why enhancement can promote autonomy. Three types of concerns regarding the effect of enhancement technologies on autonomy are raised: (i) that medical technologies should not be used to enhance autonomy, since this is (...) not the proper use of such technologies; (ii) that some enhancement technologies are inimical to our authenticity; and (iii) that the widespread use of some enhancement technologies have negative overall consequences on people's autonomy. Different kinds of enhancements typically arouse different kinds of concerns as regards autonomy. These include cognitive, mood, physical, and aesthetic enhancement. (shrink)

The all-affected principle, by which all those affected by the policies of the state ought to be included in the demos governing it, is often considered prima facie attractive but, upon closer examination, implausible. The main alternative, according to which all those and only those affected by possible consequences of possible decisions ought to be included in the demos, is equally implausible. I suggest a reformulated principle: the demos includes all those affected by foreseeable consequences of decisions that the state (...) has legal authority and capacity to take. This avoids the problems of the standard version and the main alternative. (shrink)

What challenges must a principle of need for prioritisations in health care meet in order to be plausible and practically useful? Some progress in answering this question has recently been made by Hope, Østerdal and Hasman. This article continue their work by suggesting that the characteristic feature of principles of needs is that they are sufficientarian, saying that we have a right to a minimally acceptable or good life or health, but nothing more. Accordingly, principles of needs must answer two (...) distributive questions: when do we have sufficient and how should we prioritise among those who do not yet have a sufficiency? Furthermore, it is argued that Roger Crisp’s theory of need, which combines sufficientarianism with prioritarianism below the threshold of need, is better equipped than alternatives to answer these questions as well as meeting the challenges formulated by Hope, Østerdal and Hasman. However, Crisp’s theory faces two major challenges. First, it has to say something about the currency of distribution: a principle of need must be complemented either with a theory on the human good or a theory about the proper goals of health care. Second, it has to say something about where the threshold should be set. However, any attempt to set a threshold seems morally arbitrary in the light of the sufficientarian idea that those just above the threshold never should be given priority over those just below the threshold. (shrink)

Massimiliano Tomba’s Insurgent Universality traces a global history of revolutionary institution-building as ‘theory in action’, pushing radical democracy beyond an ontology of the political. This contribution aims to clarify the place of ‘insurgent institutions’ in Tomba’s work and suggests that an unresolved tension persists between insurgent universality as popular institutions on the one hand, and as a negative dis-ordering on the other. Exploring the promise and limitations of ‘insurgent institutions’ in light of their durability, its first part reads Insurgent Universality (...) alongside Santi Romano, the legal pluralist whose concept of the institution Tomba adopts. Secondly, the article turns to Hannah Arendt’s understanding of authority and Miguel Abensour’s discussion of ‘insurgent institutions’ as two potentially helpful accounts of democratic practice within durational time. Where Tomba remains focused on constellations between moments of rupture, Arendt and Abensour offer a politically generative understanding of durability specific to radical-democratic institutions. (shrink)

This article is about the justifiability of accepting worse cost effectiveness for orphan drugs, that is, treatments for rare diseases, in a publicly financed health care system. Recently, three arguments have been presented that may be used in favour of exceptionally advantageous economic terms for orphan drugs. These arguments share the common feature of all referring to considerations of justice or fairness: the argument of the irrelevance of group size, the argument from the principle of need, and the argument of (...) identifiability. It is argued that all of these arguments fail to support the conclusion that orphan drugs should be subsidized to a larger extent than treatments for common diseases. The argument of the irrelevance fails to distinguish between directly and indirectly relevant considerations of fairness or justice. The recent attempt to revive the moral relevance of identifiability has provided no novel reasons to think that identifiability is morally relevant in itself or due to considerations of fairness and justice. The argument from the principle of need does not fail due to any inherent flaw in the principle as such. Rather, this principle can be interpreted in different ways, and none of these interpretations support exceptionally advantageous terms economically for treating rare diseases specifically. It is concluded that we are awaiting justice based reasons for the preferential treatment of orphan drugs. (shrink)

Germany's leading contemporary social theorist provides a definitive analysis of art as a social and perceptual system which not only represents an important intellectual step in discussions of art but also an important advance in systems theory. Luhmann insists on the radical incommensurability between psychic systems (perception) and social systems (communication). Art is a special kind of communication that operates at the boundary between the social system and consciousness in ways that profoundly irritate communication while remaining strictly internal to the (...) social. Each chapter elaborates a particular aspect of the general problem of art's status as a social system. The book draws on a vast body of research in the social sciences, phenomenology, evolutionary biology, cybernetics, and information theory, combined with an intimate knowledge of art history, literature, aesthetics, and contemporary literary theory. The book also engages virtually every major theorist of art and aesthetics from Baumgarten to Derrida. (shrink)

How is one to navigate between a thinking grounded in the individual and a claim for communality? In Emerson, this kind of difficulty comes into view in familiar sentences such as Speak your latent conviction, and it shall be the universal sense.’ How does the relationship between the personal and the universal look and function? In this paper, it is argued that Emerson may bring us clarity regarding the difficulties we are facing when it comes to questions about how we (...) are to frame human personality, morality, and knowledge in the field of tension created by distinctions such as private/public, original/conventional, and particular/universal. A crucial thought in this line of reasoning is that that the critical philosophy Emerson pursues is also self-critical. The idea that true critique is self-criticism is then used as a tool to make clear that there’s no fundamental gap to be bridged here. The self-critical dimension makes clear the ways in which coming to share a world—learning from one’s teachers for example—is a matter of earning (shared) words. Therefore, Emersonian self-cultivation does not stand apart from the cultivation of something shared, but should be seen as a form of path towards a shared world. (shrink)

AimsTo examine attitudes towards physician-assisted suicide (PAS) among physicians in Sweden and compare these with the results from a similar cross-sectional study performed in 2007.ParticipantsA random selection of 250 physicians from each of six specialties (general practice, geriatrics, internal medicine, oncology, surgery and psychiatry) and all 127 palliative care physicians in Sweden were invited to participate in this study.SettingA postal questionnaire commissioned by the Swedish Medical Society in collaboration with Karolinska Institute in Stockholm. ResultsThe total response rate was 59.2%. Slightly (...) fewer than half [47.1% (95% CI 43.7–50.5)] of the respondents from the six specialties accepted PAS, which is significantly more than accepted PAS in the 2007 study [34.9% (95% CI 31.5–38.3)]. Thirty-three percent of respondents were prepared to prescribe the needed drugs. When asked what would happen to the respondent’s own trust in healthcare, a majority [67.1% (95% CI 63.9–70.3)] stated that legalizing PAS would either not influence their own trust in healthcare, or that their trust would increase. This number is an increase compared to the 2007 survey, when just over half [51.9% (95% CI 48.0–55.2)] indicated that their own trust would either not be influenced, or would increase.ConclusionsThe study reveals a shift towards a more accepting attitude concerning PAS among physicians in Sweden. Only a minority of the respondents stated that they were against PAS, and a considerable proportion reported being prepared to prescribe the needed drugs for patient self-administration if PAS were legalized. (shrink)

In this article I try to show in what sense Emmanuel Levinas’ ‘ethics as first philosophy’ moves our ethical thinking away from what has been called ‘centrist ethics’. Proceeding via depictions of the structure of Levinasian ethics and including references to examples as well as to some empirical research, I try to argue that human beings always already find themselves within an ethical universe, a space of meaning. Critically engaging with the writings of David Gunkel and Lucas Introna, I try (...) to argue that these thinkers, rather than clarifying, distort our ethical understanding of how we stand in relation to artefacts. Drawing a distinction between how pervasive our ethical relationship to other human beings, and living animals, is and how the nature of artefacts is tied to us, I conclude by indicating that the aspiration to give artefacts an ethical face suggests a fantasy to avoid ethical responsibility and generates what I call a ‘compensatory logic’. (shrink)

Werner Hamacher's thought, despite its relevance and scope in other languages, has had a rather tenuous reception in the Spanish-speaking world to date. It is even possible to speak of the obstruction, in some of its points, of the circulation of his thought, as a product of the complexity of its translation. These difficulties, far from being reducible to a merely technical problem, are discussed hand in hand with the comparative reading of some of his texts in Spanish. His thought (...) from and in the language, sometimes despite it, illustrates the relevance of considering translation as a key operation for the philosophical debate in general and in Spanish-speaking countries in particular. (shrink)

In recent years, the issue of accepting a higher cost per health improvement for orphan drugs has been the subject of discussion in health care policy agencies and the academic literature. This article aims to provide an analysis of broadly egalitarian arguments for and against accepting higher costs per health improvement. More specifically, we aim to investigate which arguments one should agree upon putting aside and where further explorations are needed. We identify three kinds of arguments in the literature: considerations (...) of substantial equality, formal equality, and opportunity cost. We argue that considerations of substantial equality do not support higher costs per health improvement orphan drugs, even if such considerations are considered valid. On the contrary, arguments of formal equality may support accepting a higher cost per health improvement for orphan drugs. However, in order to do so, a number of both normative and empirical issues must be resolved; these issues are identified in the article. For instance, it must be settled to what extent the opportunity cost in terms of foregone health for other patients is acceptable in order to uphold formal equality. We conclude that certain arguments can be set aside, and future focus should be put on the unresolved normative and empirical issues related to formal equality and opportunity cost. (shrink)

The “demos paradox” is the idea that the composition of a demos could never secure democratic legitimacy because the composition of a demos cannot itself be democratically decided. Those who view this problem as unsolvable argue that this insight allows them to adopt a critical perspective towards common ideas about who has legitimate standing to participate in democratic decision-making. We argue that the opposite is true and that endorsing the demos paradox actually undermines our ability to critically engage with common (...) ideas about legitimate standing. We challenge the conception of legitimacy that lurks behind the demos paradox and argue that the real impossibility is to endorse democracy without also being committed to significant procedure-independent standards for the legitimate composition of the demos. We show that trying to solve the problem of the demos by appeal to some normative conception of democratic legitimacy is a worthwhile project that is not undermined by paradox. (shrink)

The essays in this volume formulate what is considered to be the preconditions for an adequate theory of modern society. The volume starts with an examination of the modern European philosophical and scientific tradition notably the phenomenology of Edmund Husserl.

Since its early days, the labor movement has considered itself to be surrounded by a hostile bourgeois public and sought to counter this with a party press. As a result of the Cold War, Western social democratic parties abandoned in part their traditional beliefs about demarcation. Nevertheless, with the International Federation of the Socialist and Democratic Press, an organization emerged from 1951 to 1982 that manifested separation from the bourgeois public sphere. Drawing on an analytical framework derived from counterpublic theory, (...) this article analyzes ideas and practices developed by members of the organization linked to the Socialist International. The analysis of archival sources reveals that social democratic journalists and publishers remained wedded to the idea of a socialist press countering a hostile public sphere. However, the ideas and practices were mostly limited to strategies aimed at adapting to the existing media structures and only later included media policy approaches. (shrink)

This collection of five essays by Germany’s most prominent and influential social thinker both links Luhmann’s social theory to the question “What is modern about modernity?” and shows the origins and context of his theory. In the introductory essay, “Modernity in Contemporary Society,” Luhmann develops the thesis that the modern epistemological situation can be seen as the consequence of a radical change in social macrostructures that he calls “social differentiation,” thereby designating the juxtaposition of and interaction between a growing number (...) of social subsystems without any hierarchical structure. “European Rationality” defines rationality as the capacity to see the difference between systems and their environment as a unity. Luhmann argues that, in a world characterized by contingency, rationality tends to become coextensive with imagination, a view that challenges their classical binary opposition and opens up the possibility of seeing modern rationality as a paradox. In the third essay, “Contingency as Modern Society’s Defining Attribute,” Luhmann develops a further and probably even more important paradox: that the generalization of contingency or cognitive uncertainty is precisely what provides stability within modern societies. In the process, he argues that medieval and early modern theology can be seen as a “preadaptive advance” through which Western thinking prepared itself for the modern epistemological situation. In “Describing the Future,” Luhmann claims that neither the traditional hope of learning from history nor the complementary hope of cognitively anticipating the future can be maintained, and that the classical concept of the future should be replaced by the notion of risk, defined as juxtaposing the expectation of realizing certain projects and the awareness that such projects might fail. The book concludes with “The Ecology of Ignorance,” in which Luhmann outlines prospective research areas “for sponsors who have yet to be identified.”. (shrink)