Under the influence of a narrowly understood scientific legal positivism, jurisprudence has neglected interdisciplinary research for a long time. However, today there are strong practical and scholarly reasons for an interdisciplinary analysis of law triggered, e.g., by bioethics, life sciences, economics and ecology. And yet the very subject matter of law shimmering between normativity and descriptivity seems to resist all attempts to be taken in by common enterprises across disciplines: How then is the necessary interdisciplinary research in jurisprudence possible without (...) abandoning its core, legal dogmatics? This question was discussed at a special working group during the IVR-World Congress in Cracow. The papers have been polished and updated for publication. The volume falls into two parts: One is directed at the basic conceptual and institutional questions of interdisciplinary research in jurisprudence; the other one concentrates on one fruitful and highly important field of interdisciplinary research, constitutionalism. The volume brings together a truly international and in itself interdisciplinary group of experts in the field, from Finland to Brazil and from Spain to Greece. (shrink)

English summary: A commentary on Spinoza's final work, Tractatus Politicus has until recently remained a desideratum. In contrast to his metaphysics and his philosophy of religion, Spinoza's theories on politics, the state and law have received little attention in the German-speaking countries. It's only recently that Spinoza's political philosophy again become widely discussed in Germany. Having established the role of political philosophy and working always within the context of Spinoza's complete work, this volume comments firstly on Spinoza's theory on the (...) natural genesis of law and the state, including the foundations of political philosophy, the relationship between natural and national law and the theory of sovereignty and international relations. Continuing on this basis it moves on to his concept for the optimization of the system of political and legal institutions in all three forms of government. Finally, there is an analysis of the current relevance of Spinoza's thought and its impact on current debate. The work includes contributions by Tilman Altwicker, Wolfgang Bartuschat, Tobias Herbst, Gunnar Hindrichs, Rainer Keil, Stephan Kirste, Martin Leiner, Oliver W. Lembcke, Tilman Reitz and Manfred Walther. German description: Ein Kommentar zu Spinozas letztem Werk Tractatus politicus war bislang ein Desiderat. Spinozas Theorie der Politik, des Staates und des Rechts ist anders als seine Metaphysik und seine Religionsphilosophie im deutschsprachigen Bereich lange wenig beachtet worden. Erst in jungerer Zeit ist die Beschaftigung mit Spinozas politischer Philosophie auch in Deutschland wieder intensiver geworden. Nach einer Bestimmung des Ortes der Politischen Philosophie und stets im Kontext von Spinozas Gesamtwerk kommentiert der Band zunachst Spinozas Theorie der naturlichen Genese von Recht und Staat, so die Grundlagen der politischen Philosophie, das Verhaltnis von naturlichem und staatlichem Recht, die Theorie der Souveranitat und der internationalen Beziehungen. Auf dieser Grundlage folgt dann seine Konzeption einer Optimierung des Systems politisch-rechtlicher Institutionen fur alle drei Regierungsformen. Abschliessend werden die Aktualitat des Denkens Spinozas und sein Einfluss auf gegenwartige Debatten analysiert. Mit Beitragen von: Tilman Altwicker, Wolfgang Bartuschat, Tobias Herbst, G unnar Hindrichs, Rainer Keil, Stephan Kirste, Martin Leiner, Oliver W. Lembcke, Tilman Reitz, Manfred Walther. (shrink)

This book features essays that investigate the nature of legal validity from the point of view of different traditions and disciplines. Validity is a fascinating and elusive characteristic of law that in itself deserves to be explored, but further investigation is made more acute and necessary by the production, nowadays, of soft law products of regulation, such as declarations, self-regulatory codes, and standardization norms. These types of rules may not exhibit the characteristics of formal law, and may lack full formal (...) validity but yet may have a very real impact on people's lives. The essays focus on the structural properties of hard and soft legal phenomena and the basis of their validity. Some propose to redefine validity: to allow for multiple concepts instead of one and/or to allow for a gradual concept of validity. Others seek to analyze the new situation by linking it to familiar historical debates and well-established theories of law. In addition, coverage looks at the functions of validity itself. The discussion considers both international law as well as domestic law arrangements. What does it mean to say that something is valid? Should we discard validity as the determining aspect of law? If so, what does this mean for our concept of law? Should we differentiate between kinds of validity? Or, can we say that rules can be "more" or "less" valid? After reading this book, practitioners, scholars and students will have a nuanced understanding of these questions and more. Chapter 6 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com. (shrink)

_Naturalism and Democracy_, first published in German in 2014, presents a long-awaited commentary on Spinoza’s _Political Treatise _. It gives a detailed analysis of Spinoza’s latest theory of State and Law, with special attention to his democratic approach.

Naturalism and Democracy, first published in German in 2014, presents a long-awaited commentary on Spinoza’s Political Treatise (Tractatus politicus). It gives a detailed analysis of Spinoza’s latest theory of State and Law, with special attention to his democratic approach.

Modern societies often claim to be democracies in order to enjoy greater legitimacy. Still, to understand the concept of democracy and how to justify it, the definition of it as self-determined is not sufficient. A complex understanding has to take into account ideas of rule of law as well as human rights. Sometimes these three concepts compete with each other - particularly in societies with a pluralistic approach to what "the good life" should be, such as societies which are made (...) up of distinct cultural backgrounds. This book presents a concept of democracy that encompasses at the same time the ideas of rule of law, human rights and self-determination. It contains the main lectures of the XXVI World Congress of Philosophy of Law and Social Philosophy, hosted by the Internationale Vereinigung fur Rechts- und Sozialphilosophie at the Universidade Federal de Minas Gerais (Brazil) in July 2013. (shrink)

Now in a third edition, Introduction to Philosophy: Classical and Contemporary Readings is a highly acclaimed, topically organized collection that covers five major areas of philosophy--theory of knowledge, philosophy of religion, philosophy of mind, freedom and determinism, and moral philosophy. Editor Louis P. Pojman enhances the text's topical organization by arranging the selections into a pro/con format to help students better understand opposing arguments. He also includes accessible introductions to each chapter, subsection, and individual reading, a unique feature for an (...) anthology of this depth. While the book focuses on a compelling sampling of classical material--including selections from Plato, Aristotle, Descartes, Locke, Berkeley, Hume, and Kant--it also incorporates some of philosophy's best twentieth-century and contemporary work, featuring articles by Bertrand Russell, Richard Taylor, John Searle, Thomas Nagel, and others. This third edition contains an expanded glossary, more extensive section introductions, and twelve new selections: Karl Popper: "Epistemology without a Knowing Subject" Richard Rorty: "Dismantling Truth: Solidarity Versus Objectivity" Daniel Dennett: "Postmodernism and Truth" Bruce Russell: "The Problem of Evil: Too Much Suffering" David Chalmers: "Against Materialism: Can Consciousness Be Reductively Explained?" Baron Paul Henri d'Holbach: "A Defense of Determinism" Michael Levin: "A Compatibilist Defense of Moral Responsibility" Plato: Socratic Morality: "Crito" Herodotus: "Custom Is King" J. L. Mackie: "The Subjectivity of Values" Louis P. Pojman: "A Critique of Mackie's Theory of Moral Subjectivism" Thomas Nagel: "Moral Luck". (shrink)

Angesichts der Globalisierung und der von ihr aufgeworfenen Probleme für das nationale und das internationale Recht gewinnt die Rechtsphilosophie immer stärker an Bedeutung. Zugleich verbinden sich rechtstheoretische Fragen wieder zunehmend mit philosophischen Überlegungen. Der vorliegende Band versammelt 20 Beiträge namhafter Rechtstheoretiker und Philosophen, die die eigenständige Begriffsbildung und die Entwicklung neuer Theorieansätze auf dem Gebiet der Rechtsphilosophie zum Ziel haben. Das Spektrum reicht dabei von grundbegrifflichen Klärungen bis hin zu konkreten Problemstellungen des globalisierten Rechts und bietet einen umfassenden Überblick über (...) die aktuelle deutsche und internationale Debatte. Mit Beiträgen u. a. von Robert Alexy, Klaus Günther, Gunther Teubner, Otfried Höffe und Jürgen Habermas. (shrink)

In ”Skepticism,” Peter Klein distinguishes between the “Academic Skeptic” who proposes that we cannot have knowledge of a certain set of propositions and the “Pyrrhonian Skeptic” who refrains from opining about whether we can have knowledge. Klein argues that Academic Skepticism is plausibly supported by a “Closure Principle‐style” argument based on the claim that if x entails y and S has justification for x, then S has justification for y. He turns to contextualism to see if it can contribute to (...) the discussion between one who claims that we can have knowledge about some epistemically interesting class of propositions and the Academic Skeptic. He outlines the background of Pyrrhonian Skepticism, pointing out that the Pyrrhonist withholds assent concerning our knowledge‐bearing status because reason cannot provide an adequate basis for assent. He assesses three possible patterns of reasoning, and concludes that the Pyrrhonist view, that reason cannot resolve matters concerning the nonevident, is vindicated. (shrink)

First published in 1987. Routledge is an imprint of Taylor & Francis, an informa company.

In the course of its history since the Middle Ages law has shifted from a dependent object of the cultural memory to a forming power. By the selection and stabilization of certain values and norms and the discrimination of others it influences the general understanding of the past no less than by making the criminal offender a memory in the prosecution or on the opposite by demanding the deletion of data which could infringe the privacy of a person. This influence (...) is not without danger for fundamental freedoms, as the French laws on the debate about its colonial past show. Accordingly, the impact of the law on the cultural memory is limited by fundamental rights such as the freedom of science and the rights of personality. (shrink)

We can distinguish three forms of personification: Sensualizing personification, in which a presumed spiritual entity is presented in a material form; animating personification, in which a material object is given a symbolic spiritual meaning and finally the moral personification, in which an empirical subject receives a moral subjective status. Legal personification resembles the moral personification in its normativity and in giving the subject a new artificial status. This personification is carried out in the form of law, however, namely in a (...) reflective normative order. Only in this personified legal status, is the struggle of the individual for law (Jhering) in itself a legal procedure and the person rid of its subjection to mere power. (shrink)

There is a bustling, fluorescent clamor that governs hospital hallways during the day and so fills the air that any sound wanting attention has to vie for it, each alarm louder and more cacophonous than the last. But at night, an altogether different temper settles over the hospital. A restrained, low-lit quiet descends, transforming those long corridors into a space that seems smaller and almost comforting. Almost any sound stands out at night. I was once trudging down one of those (...) subdued nighttime hallways after many busy hours on call, allowing the glimpse of sleeping patients in each passing room to give me hope for a nap that night, too. My head was down and my thoughts were elsewhere, but the .. (shrink)

First published in 1987. Routledge is an imprint of Taylor & Francis, an informa company.

Engineering is 'the people-serving profession'. The work of engineers involves interaction with clients, other engineers, and the public at large. More than any other profession, their work also directly involves and affects the environment. This book makes the case that engineers have special professional obligations to protect and enhance the environment, and the authors - one, an engineer and the other, a philosopher - seek to provide an ethical basis for these obligations. In exploring these ethical issues, the authors aim (...) to show that engineers make a difference. The text opens with a series of case studies in which engineers face complex and challenging decisions about the environment. Succeeding chapters examine different ideas about environmental ethics for engineers, including professional codes and both modern and historical discussions of environmental responsibility. The book concludes with a collection of readings that complement the text. Students, as well as practising engineers, will find much of interest in this well-argued and thought-provoking book. (shrink)

This paper advances the research on personalization of political communication by investigating whether this process of focusing on politicians instead of political issues plays a role on Twitter. Results of a content analysis of 5,530 tweets posted in the run-up to the German federal election provide evidence that Twitter communication refers more often to politicians than to issues. However, tweets containing personal characteristics about political leaders play only a marginal role. When distinguishing among different groups of actors on Twitter (journalists, (...) politicians, citizens), we find that citizens focus more on candidates than do journalists or politicians. Investigating the impact of a televised debate on Twitter communication, we observe that this person-centered event puts the focus on individual politicians instead of issues. (shrink)

... 243-) INTRODUCTION §§243- constitute the eighth 'chapter' of the book. Its point of departure is a natural query with respect to the conclusion of the ...

It has been over two decades since Miranda Fricker labeled epistemic injustice, in which an agent is wronged in their capacity as a knower. The philosophical literature has proliferated with variants and related concepts. By considering cases in popular music, we argue that it is worth distinguishing a parallel phenomenon of art-interpretive injustice, in which an agent is wronged in their creative capacity as a possible artist. In section 1, we consider the prosecutorial use of rap lyrics in court as (...) a central case of this injustice. In section 2, we distinguish art-interpretive injustice from other categories already discussed in recent literature. In section 3, we discuss the relationship between genre discourse and identity prejudice. The case for recognizing the category of art-interpretive injustice is that it allows one to recognize a class of harms as being importantly related in ways that one would otherwise overlook. (shrink)

The conflict in Gaza and Israel that ignited on October 7, 2023 signals a catastrophic breakdown in the possibility of ethical dialogue in the region. The actions on both sides have revealed a dissolution of ethical restraints, with unimaginably cruel attacks on civilians, murder of children, destruction of health facilities, and denial of basic needs such as water, food, and shelter. There is a need both to understand the nature of the ethical singularity represented by this conflict and what, if (...) any, options are available to allow the reconstruction of communication between the warring parties. This article seeks to address these tasks by analysing the conflict as inherently an ethical one, in the sense that it exposes a rupture in the fabric of communicative relationships that has evolved systematically out of the deep cultural structures from which all protagonists have emerged. Drawing on the work of Levinas, Habermas, Arendt, and others, and referring to the specific circumstances in the region, it examines the ethical sources of the crisis and tries to identify conditions for its resolution. The possibility of reconciliation—that is, of refiguring relationships to open up a space for dialogue to create pathways to heal the ruptures—is examined. The dark legacy of the Holocaust is identified as an abiding cultural vulnerability for both societies. It is concluded, however, that the rich history of partnerships and collaborations between Jews and Palestinians provides a robust infrastructure on the basis of which a sustainable peace might be built, providing a much-needed source of hope. (shrink)

Throughout its long history metaphysics has been variously conceived. At its most sublime, it has been taken to be the study of the super‐sensible, in particular of the existence of a god, the nature of the soul, and the possibility of an afterlife. When the young Ludwig Wittgenstein entered the lists, it was entirely reasonable to conceive of metaphysics in this manner. Its subject matter was held to be the language‐independent and thought‐independent de re necessities of the world. The Tractatus (...) is dominated by three problems: first, the nature of logic and logical necessity; secondly, the essence of the proposition and hence the characterization of the general propositional form; and thirdly, the intentionality of the proposition. Logical propositions are combinations of elementary propositions by means of truth‐functional logical connectives. The metaphysics adumbrated in the Tractatus, Wittgenstein thought, was required for the possibility of representation and for the possibility of logic. (shrink)