Der Sammelband stellt die Frage nach dem Verhaltnis von Naturrecht und Staat in Europa.

The United Nations confirmed that privacy remains a human right in the digital age, but our daily digital experiences and seemingly ever-increasing amounts of data suggest that privacy is a mundane, distributed and technologically mediated concept. This article explores privacy by mapping out different legal and conceptual approaches to privacy protection in the context of datafication. It provides an essential starting point to explore the entwinement of technological, ethical and regulatory dynamics. It clarifies why each of the presented approaches emphasises (...) particular aspects and analyses the tensions that arise. The resulting overview provides insight into the main strengths and limitations of the different approaches arising from specific traditions. This analytic overview therefore serves as a key resource to analyse the usefulness of the approaches in the context of the increasing datafication of both private and public spheres.Specifically, we contrast the approach focusing on data subjects whose data are being ‘protected’ with others, including Fair Information Practice Principles, the German right to ‘informational self-determination’, and the South American ‘habeas data’ doctrine. We also present and contrast emerging approaches to privacy and discuss their intersection with datafication. In conclusion, we put forth that rather than aiming for one single solution that works worldwide and across all situations, it is essential to identify synergies and stumbling blocks between the various regulatory settings and newly emerging approaches. (shrink)

Recent discussions among lawyers, philosophers, policy researchers and athletes have focused on the potential threat to privacy posed by the World Anti-Doping Agency’s (WADA) whereabouts requirements. These requirements demand, among other things, that all elite athletes file their whereabouts information for the subsequent quarter on a quarterly basis and comprise data for one hour of each day when the athlete will be available and accessible for no advance notice testing at a specified location of their choosing. Failure to file one’s (...) whereabouts, or the non-availability for testing at said location on three occasions within any 18-month period constitutes an anti-doping rule violation that is equivalent to testing positive to a banned substance, and may lead to a suspension of the athlete for a time period of between one and two years. We critically explore the extent to which WADA’s whereabouts requirements are in tension with existing legislation on privacy, with respect to UK athletes, who are simultaneously protected by UK domestic and EU law. Both UK domestic and EU law are subject to the European Convention on Human Rights (ECHR) Article 8, which establishes a right to “respect for private and family life, home and correspondence”. We critically discuss the centrality of the whereabouts requirements in relation to WADA’s aims, and the adoption and implementation of its whereabouts rules. We conclude that as WADA’s whereabouts requirements appear to be in breach of an elite athlete’s rights under European workers’ rights, health & safety and data protection law they are also, therefore, in conflict with Article 8 of the ECHR and the UK Human Rights Act 1998. We call for specific amendments that cater for the exceptional case of elite sports labour if the WADA requirements are to be considered legitimate. (shrink)

A vinda ao Brasil do professor Oskar Negt abre a possibilidade de pensar a ação política além dos moldes tradicionais e destituídos de sentido, como ocorre atualmente com a política estabelecida. Ele é um herdeiro sui generis da Teoria Crítica, que nunca teve a reflexão e a ação política como temas centrais de sua produção teórica. Para Negt, refletir teoricamente e motivar a ação política constituem dois pólos indissociáveis de uma trajetória de vida, que se iniciou nos arredores de (...) Königsberg, na antiga Prússia Oriental. Depois de duas fugas para o Ocidente e de chegar a estudar com Adorno em Frankfurt, em seguida com Habermas em Heidelberg, Negt teve também uma expressiva experiência política, desde os movimentados anos 60, sua atuação junto aos sindicatos,até a sua atual participação como assessor do chanceler alemão Gerhard Schröder. (shrink)

This essay explores the intersection of communication and culture. It proposes that a new interdisciplinary field of inquiry–a phenomenology of communications–implicates culture in that all communication helps shape and reflects a society’s cultural assumptions and aspirations. In an era of social media and electronic communication, the impact on culture has accelerated. Both positive and negative aspects of social media reverberate in American popular culture that Christopher Lasch described as a culture of narcissism and David Brooks calls a culture of the (...) “Big Me.” The essay revisits a documentary about Mike Tyson’s life and career that exemplifies what it means to be an American, renewing a culture that aspires to redeem the American dream of a more perfect union beyond preference and prejudice. It shows also why American culture needs to be transformed from a narcissistic, self-referential, tribal perspective of identity politics and false tolerance toward a culture that respects individual autonomy and privacy, reconnects rights and responsibilities, and encourages true diversity, inspired by transcendent norms and ideals worthy of a creature created in the image and likeness of God. (shrink)

Nachdruck der Originalausgabe von 1901. Oskar Kraus beschreibt in seinem Werk "Zur Theorie des Wertes Wissenschaftliche Methoden die geeignet sind sich dem Begriff das Werts anzunähern. Im wesentlichen untersucht er einerseits die Ansätze die sich aus Ethik und Psychologie ergeben, dem Wert der primären Güter. Und andererseits aus Sicht der Wirtschaftswissenschaft den Wert der äußeren Güter.

Brent Kious has objected to our previous criticism of his views on doping, maintaining that we, by and large, misrepresented his position. In this response, we strengthen our original misgivings, arguing that (1) his views on risk of harm in sport are either uncontroversially true (not inconsistent with the views of many doping opponents) or demonstrably false (attribute to doping opponents an overly simplistic view), (2) his use of analogies (still) indicates an oversimplification of many issues surrounding the question of (...) doping in sports, and (3) his doping analogies are insufficiently precise to support his conclusions. (shrink)

Reprint of the 1st ed. (1923) which was published in Bd. 6 of the Jahrbuch f'ur Philosophie und ph'anomenologische Forschung.

This editorial highlights the remarkable contributions in this JIS volume that explore the arts as a gateway to the transcendentals of beauty, truth and goodness. It focuses on the recurring notions of order, telos, and creativity reflecting the essential attributes of human nature as imago Dei. Apart from the arts as art therapy, how can the arts connect one to the transcendentals? Can homo musicus aspire to self-transcendence? A shining example of music as self-transcendence is the life and times of (...) Tony Bennett, the legendary singer and an American icon of traditional pop, big band, show tunes, and jazz. Bennett’s love of music, in particular, transcends his physical limitations engendered by the onset of Alzheimer’s in later life. (shrink)

Oberman, H. A. Quoscunque tulit foecunda vetustas.--Bouwsma, W. J. The two faces of humanism.--Gilmore, M. P. Italian reactions to Erasmian humanism.--Dresden, S. The profile of the reception of the Italian Renaissance in France.--IJsewijn, J. The coming of humanism to the Low Countries.--Hay, D. England and the humanities in the fifteenth century.--Spitz, L. W. The course of German humanism.

Political culture theory enjoyed a revival during the 1980s despite its alleged inability to account for change, values, conflict, and differences within nations. A new school of thought attempts to remedy the shortfalls of Almond and Verba's The Civic Culture. The grid-group cultural theory, propounded by Thompson, Ellis and Wildavsky, proposes a typology of ways of life as the missing link in a cultural-functional analysis of the formation of preferences. This essay assesses cultural theory as a methodology and a substantive (...) theory or sociology of knowledge. Cultural theory claims that there are only five possible ways of life: Hierarchy, egalitarianism, fatalism, individualism, and autonomy. Yet it fails to address questions of universal values, ethics, power, or human rights and freedoms. There are inherent problems in applying cultural theory as a mode of political analysis. In the absence of exogenous, non-systemic ethical criteria, cultural theory as a social construction of reality begs the question of ethical conduct. (shrink)

This essay explores the conceptual foundations of C. S. Lewis' pilgrimage to a Christian worldview and its implications for Christian scholarship in the Third Millennium. C. S. Lewis' essential Christian worldview has three distinct yet complementary strands: The Tao, Natural Law, or the moral sense; the ecumenical inspiration of Mere Christianity; and the quest for truth and authentic values in the real world. These three strands converge in Lewis' own pilgrimage and witness to the immediacy and relevance of religious experience. (...) Curiously, the reality and truth of the Christian vision finds eloquent exposition in Lewis' lucid prose In the recounting of this consummate storyteller, the Christian worldview emerges as both real and transcendental or "numinous," whose truth is found in historical evidences and lived experience. It is for this reason that Lewis is aptly called an apostle to the sceptics. Lewis' literary imagination thus provides inspiration for a Christian humanist paideia as propaedeutic to renew both liberal arts education and the culture of liberalism. (shrink)

This essay seeks to exploe the nature and effects of the new Post-Industrial Revolution as epitomized by the digital universe, the fusion of synthetic biology and cybenetics, and the promise of genetics, engendering new hopes of a techno-utopian future of material abundance, new virtual worids, human-like robots, and the ultimate conquest of nature. Central to this prefect is the quest for transcending human limitattons by changing human nature itself, consciously directing evolution toward a posthuman or transhuman stage. Less well understood (...) is the utopia-dystopia syndrome illuminated by ttw dystopian imagination refracted in science-fiction literature in such famous twentieth-century dysopias as Yevgeny Zamyatin's We, Aldous Huxley's Brave New World, and George Orwell's 1984, cautioning that utopias may lead to their opposite: dystopia, totalitarianism, dictatorship. The thrall of techno-utopia based on technology as a prosthetic god may lead to universal tyranny by those who wield political power. The essay concludes that what humanity needs is not some unattainable Utopia but rather to cherish and nurture its God-given gifts of reason, free will, conscience, moral responsibility, an immortal soul, and the remarkable capacity of compasston to become fully human. (shrink)

Excerpt from Feuerbachs Straftheorie und Ihr Verhältnis zur Kantischen Philosophie Vorliegende Schrift ist der hohen juristischen Universität Jena als Dissertation angenommen und genehmigt Worden. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the (...) original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works. (shrink)

In their recent contribution to this journal, Brian D. Earp, Anders Sandberg, and Julian Savulescu argue that "the 'medicalization of love' need not necessarily be problematic, on balance, but could plausibly be expected to have either good or bad consequences depending upon how it unfolds." Although I find myself in agreement with the majority of the points the authors make to this end, as well as with the general thrust of their position, I am nevertheless left feeling rather unsatisfied by (...) their overall exposition. This is largely because they fail to provide any substantial love-specific argument, as I demonstrate in this paper. (shrink)

First Published in 1999. Routledge is an imprint of Taylor & Francis, an informa company.