Two developments have been of crucial significance to create the today's relation of theoretical (scientific) jurisprudence and the practical pursuit of law:1. The process of forming a jurisprudence basing on scientific methods around 1800. This process is particularly based on the following epistemological changes:(a) The late 18th century gave birth to the idea of a system of science as an unchangeable context of science in abstracto. Therefore the practical application of parts of this system appeared no longer as an independent (...) science. (b) Besides the late 18th century gave birth to the distinction between scientific ability (reason/“Verstand”) and practical ability (judgement/“Urteilskraft”). (c) Finally the late 18th century established criteria of a scientific method — necessity, reasoning, systematics —, which the practical application could not satisfy. Jurisprudence (now: legal science/“Rechtswissenschaft”) absorbed these epistemological changes in the late 18th century and regarded itself as a science. Therefore the legal science dismissed the “applied jurisprudence” that is to say the practical pursuit of law (that had been recognized as a part of legal scholarship in former times). 2. The change in the relation of academic and practical education of lawyers around and after 1800: The practical education was dislodged from the universities and found its place in the practical judicial training after the first state examination (“Referendarzeit”). This “two‐step‐education” was established first in Prussia and since 1879 everywhere in Germany. (shrink)

Since 1790, the term Naturwissenschaften occurs in the lecture lists of the University of Jena published in the Allgemeine Literatur‐Zeitung of Jena. Naturwissenschaften is used as a title for lectures previously listed under the headings of Philosophie or Naturgeschichte. The introduction of the concept of Naturwissenschaften is interesting for several reasons: Firstly, at that time it is not the usual label in this context, and one therefore has to ask whether it already implies the connotations that are associated with the (...) modern concept of Naturwissenschaften, i. e. science in the modern sense. Secondly, the lecture lists of the University of Jena give insight into the various changes in the established ordering scheme for academic lectures that lead to the introduction of the term Naturwissenschaften, thus contributing to a better understanding of both the history of this concept and of the development of the university faculties as we know them. A close look at the concept of Naturwissenschaften as it was used around 1800 may, thirdly, help to understand the use made of this concept in philosophy, especially in the philosophy of nature of this period. (shrink)

The importance of German Naturphilosophie for the development of a unified view of nature is often emphasized. The search for ultimate unity of natural phenomena, however, was already too common among physicists of the waning 18th century to ascribe its popularity to the influence of philosophers. To avoid the plethora of imponderable fluids, many „atomists”︁ reduced electric, magnetic, thermal, and chemical phenomena to a dualism of contrary principles, thereby prefiguring the „dynamic”︁ ideas of romantic Naturphilosophen.In particular we show how Schelling's (...) early account of his Naturphilosophie was shaped by J. A. Deluc's atomistic theory of gases and vapours. (shrink)

Dutch science flourished in the late sixteenth and in the seventeenth century thanks to the immigration of cartographers, botanists, mathematicians, astronomers and the like from the Southern Netherlands after the Spanish army had captured the city of Antwerp in 1585, and thanks to the religious and the socio‐economic situation of the country. A strong impulse for practical scientific activities started from the Reformation, mainly thanks to its anti‐traditional attitude, which had an anti‐rationalistic tendency. Therefore, in the Northern Netherlands there was (...) no ‘warfare’ between science and religion and the biblical arguments leading to Galileo's condemnation were not used.Although the growth of the exact sciences and of technology in the late sixteenth and the seventeenth centuries in Protestant cirles may be partly attributed to the expansion of trade, industry, navigation and so on, this does not explain why there was also at the same time a great interest in subjects as botany and zoology, which had no immediate economic utility. There were discussions about Copernicanism and Cartesianism. So a number of astronomers and theologians rejected the earth's movement on scientific and religious grounds, but there were also those who did not reject the Copernican system on biblical grounds. In the seventeenth century there was much discussion between science and religion in the Northern Netherlands, but that discussion was not followed by censure by the Church of the State. In the Republic there was a large amount of intellectual freedom in the study of the natural sciences, thanks to practical and ideological considerations. In the eighteenth century the seventheenth century tension between science and religion changed into a physicotheological natural science. It was believed that investigations into the workings of nature should lead to a better understanding of its Creator. So Bernard Nieuwentijt in his well‐known book: The right use of‐world views for the conviction of atheists and unbelievers (1715) intended to prove the existence of God on the basis of teleological arguments. (shrink)

Foreign knowledge being tested: European physicians fighting the Moscow plague of 1771. – The transfer of Western medicine to Russia increased significantly in the Eighteenth century. Foreign doctors were employed, their writings translated, their education standards copied. But who regarded that knowledge as superior and why? Taking the Moscow Plague of 1771 as a case study, this article examines the crucial role foreign and Russian medical practitioners played during the epidemic. It argues that especially those ideas and practices that were (...) useful for social control filtered into politics and public discourse, but failed to convince the majority of the population. (shrink)

Physics textbooks from ca 1800 are on the one hand self reflective texts that consider the then emerging discipline ‚physics’︁, and serve on the other hand as the bread and butter for the day to day work of teachers and students of physics. The two parts of this paper explore this twofold nature. First, those textbooks written and used by professors in Jena, Halle and Göttingen are used in order to identify a typical textbook. This relies on a close examination (...) of the respective introductory chapter and the one on electricity. The result is used in the second part to provide the background for the reconstruction of the use of physics textbooks in Jena. It is shown when and, as far as possible, why each particular textbook was chosen, withdrawn, neglected, changed or written in the course of physics teaching from 1780 to 1820. Some conclusions are drawn with regard to Jena's position in physics at that time. (shrink)

Natural sciences and natural philosophy of the Jesuits are based on theology. At least the concept of God is an integral part of their theoretical structure. Examples are taken from Rudjer Boskovic, Honoré Fabri and Nicolaus Cabeus. In fact, the Jesuits, e.g. Theophil Raynaud, dealt with natural theology as the spiritual foundation of knowledge independent of revelation. But natural theology, as in Raimundus Sabundus, has an anthropocentric and hence moral dimension: it links knowledge with religion. ‘Ignatius of Loyola influenced decisively (...) the Jesuits’ concept of science and its relationship to religion through his Spiritual Exercises in which meditation and religious practice are developed into a technique and a scientific approach to faith. (shrink)

This article deals with six aspects of analogical thinking in mathematics: 1. Platonism and continuity principle or the “geometric voices of analogy” (as Kepler put it), 2. analogies and the surpassing of limits, 3. analogies and rule stretching, 4. analogies and concept stretching, 5. language and the art of inventing, 6. translation, or constructions instead of discovery. It takes especially into account the works of Kepler, Wallis, Leibniz, Euler, and Laplace who all underlined the importance of analogy in finding out (...) new mathematical truth. But the meaning of analogy varies with the different authors. Isomorphic structures are interpreted as an outcome of analogical thinking. (shrink)

The paper considers the development of physics‐teaching at the universities of Königsberg (founded 1544) and Helmstedt (founded 1576). The question is: How many teachers of physics professed Aristotelianism and how long? and why did most of them reject Copernicanismus? The paper suggests that Melanchthon, not only the founder of early German philosophy ‘was also the propounder of a form of, modern Aristotelianism’ which proved very valuable in mediating between theologians and philosophers on the one side and between philosophers and experimentalists (...) on the other side. (shrink)

The ‚Naturforschende Gesellschaft’︁, founded in 1793, proved instrumental for the development of science at the University of Jena around 1800. Its library can be considered as one of its most important facilities provided for research and for the education of students. Since this library has been preserved almost without losses, we can ask whether this library served the purpose of a research library in the newly established field of ‚science’︁. In consequence, the role of scientific societies and the genesis of (...) specialised libraries in the area of science can be investigated in an exemplary case, with implications for the concept of scientific research around 1800. (shrink)

... ON ANCIENT PHILOSOPHY EDITED BY WJ VERDENIUS AND JH WASZINK VOLUME XVIII J. DEN BOEFT CALCIDIUS ON FATE HIS DOCTRINE AND SOURCES LEIDEN EJ BRILL 1970 ..

In lieu of an abstract, here is a brief excerpt of the content:Republicanism, Religion, and Machiavelli’s Savonarolan MomentMarcia L. ColishMachiavelli’s readers often take at face value his claim that Christianity has weakened Italy’s civic spirit and martial valor, leaving it open to priestcraft and foreign invasion. Some scholars see this critique of Christianity as an expression of the irreligious, immoral, neopagan, or scientific Machiavelli, making it the chief index of his modernity. 1 One subset within this group treats Machiavelli’s [End (...) Page 597] anthropology as a secularized version of Augustine on original sin, absent an Eden behind it and a redemption before it. 2 Another view of Machiavelli on religion sees him as treating religion, whatever its teachings, functionally, as an instrument promoting desirable political behavior. 3 This is why they regard [End Page 598] Machiavelli as original and modern; although Maury D. Feld notes rightly that Machiavelli is here simply imitating the ancient Roman historians, who all treat religion in just this way. 4 For some proponents of the functionalist interpretation, it does not preclude Christian belief on Machiavelli’s part. For them his brief is not against Christianity itself but against clericalism, the papacy, and Christianity as it is currently interpreted. 5 Still others recognize Machiavelli’s acceptance of signs and portents, saintly behavior and miracles, and other indices of God’s existence and action in human history. They also note Machiavelli’s praise of biblical leaders seen as divinely inspired and his inclusion of them among the founders of religions and states who head his list of heroes. 6 Going farther, some scholars argue that Machiavelli was a conventional, if not an ardent or impeccable, Christian, who joined a religious confraternity before which he preached his Exhortation to Penitence, and the apparent recipient of the last rites of his church after a deathbed confession. 7 [End Page 599]Can these conflicting assessments of Machiavelli and religion be integrated? To some extent, yes. Once, that is, we consider a number of issues not always brought to bear on this question. Machiavelli recognizes that the foreigners who have overrun Italy and deprived Florence of the republic he had served are as Christian as the Italians. At home and abroad, their Christianity has not undermined their military strength or the civic virtue Machiavelli associates with republics. Within contemporary Florence there were three kinds of republicanism on offer, for those unhappy with the Medici restoration of 1512. One group sought to restore the pre-Medici governo stretto constitution dominated by the ottimati. Their opponents defended governo largo republicanism. Machiavelli advocated this type of polity, informed by his reading of ancient history and his assessment of human nature. But another, competing version of governo largo was put forth by Girolamo Savonarola during the Dominican friar’s stormy career as de facto head of the Florentine state from 1494 to 1498. Savonarola’s republican theory combined a number of ideas that Machiavelli loathed: the appeal to the Venetian Great Council as a model, the wish to purge Florence of her sins so that she could serve as the New Jerusalem in the coming apocalypse, and the notion that governo largo was a means to these religious ends, since the more broad-based the government, the more readily could it legislate and enforce moral reform. And, far from self-destructing after the friar’s ashes had been strewn on the Arno, Savonarolan republicanism continued to draw support from a diverse and substantial group of Florentines. Equally alarming, the agents [End Page 600] of this protracted Savonarolan moment seemed to have preempted Machiavelli’s own anticlerical, antipapal, antioligarchic, and antiMedicean positions, as well as a theory of governo largo. If we foreground Machiavelli’s desire to defend his own version of republicanism by undermining the Savonarolan alternative and if we recall that he treats Christianity positively in other contexts, it becomes possible to read those passages where he criticizes Christianity as practiced in Italy as texts with an antiSavonarolan subtext. Read this way, they are not incompatible with his acceptance of Christianity as true or as politically constructive elsewhere. In approaching this topic, we should also remember the longstanding associations that bound Christianity to politics and warfare.Addressing this last point... (shrink)

Projects to restore nature inevitably disrupt the plants and animals that inhabit the land to be restored. This essay addresses the significance of feral animals. Can feral animals remain in a restored nature? I argue that an answer depends on what we mean by nature and restoration. I present several different conceptions of nature and discuss what their differences mean for the goals of restoration. While the presence of feral animals is not compatible with the dualist conception of nature as (...) that which is untouched by humans, other conceptions are more accommodating. Restoration to a benchmark of nature prior to human impact is both practically and conceptually implausible, thus more analysis is needed of alternative conceptions and their impacts on domesticated and feral plants and animals. (shrink)

Alcohol use has long been assumed to alter cognition via attentional processes. To better understand the cognitive consequences of intoxication, the present study tested the effects of moderate intoxication on attentional processing using complex working memory capacity span tasks and a change blindness task. Intoxicated and sober participants were matched on baseline WMC performance, and intoxication significantly decreased performance on the complex span tasks. Surprisingly, intoxication improved performance on the change blindness task. The results are interpreted as evidence that intoxication (...) decreases attentional control, causing either a shift towards more passive processing and/or a more diffuse attentional state. This may result in decreased performance on tasks where attentional control or focus are required, but may actually facilitate performance in some contexts. (shrink)

The Netherlands is one of the few countries where euthanasia is legal under strict conditions. This study investigates whether Dutch newspaper articles use the term ‘euthanasia’ according to the legal definition and determines what arguments for and against euthanasia they contain. We did an electronic search of seven Dutch national newspapers between January 2009 and May 2010 and conducted a content analysis. Of the 284 articles containing the term ‘euthanasia’, 24% referred to practices outside the scope of the law, mostly (...) relating to the forgoing of life-prolonging treatments and assistance in suicide by others than physicians. Of the articles with euthanasia as the main topic, 36% described euthanasia in the context of a terminally ill patient, 24% for older persons, 16% for persons with dementia, and 9% for persons with a psychiatric disorder. The most frequent arguments for euthanasia included the importance of self-determination and the fact that euthanasia contributes to a good death. The most frequent arguments opposing euthanasia were that suffering should instead be alleviated by better care, that providing euthanasia can be disturbing, and that society should protect the vulnerable. Of the newspaper articles, 24% uses the term ‘euthanasia’ for practices that are outside the scope of the euthanasia law. Typically, the more unusual cases are discussed. This might lead to misunderstandings between citizens and physicians. Despite the Dutch legalisation of euthanasia, the debate about its acceptability and boundaries is ongoing and both sides of the debate are clearly represented. (shrink)

Even though it is often presumed that the use of technology like medication administration technology is both safer and more effective, the importance of nurses' know‐how is not to be underestimated. In this article, we accordingly try to argue that nurses' labor, including their different forms of knowledge, must play a crucial role in the development, implementation and use of medication administration technology. Using three different theoretical perspectives (‘heuristic lenses') and integrating this with our own ethnographic research, we will explore (...) how nursing practices change through the use of medication technology. Ultimately, we will argue that ignoring (institutional) complexity and the various types of important knowledge that nurses have, will seriously complicate the implementation of medication administration technology. (shrink)

That alcohol provides a benefit to creative processes has long been assumed by popular culture, but to date has not been tested. The current experiment tested the effects of moderate alcohol intoxication on a common creative problem solving task, the Remote Associates Test . Individuals were brought to a blood alcohol content of approximately .075, and, after reaching peak intoxication, completed a battery of RAT items. Intoxicated individuals solved more RAT items, in less time, and were more likely to perceive (...) their solutions as the result of a sudden insight. Results are interpreted from an attentional control perspective. (shrink)