Originally presented as the author's thesis, Bonn, 1978.

Cette traduction inedite de l'oeuvre principale d'Adolf Reinach (1883-1917) apporte des contributions fondamentales a divers champs de la connaissance. Disciple de Husserl, Reinach propose une interpretation du monde social qui engage la phenomenologie sur le terrain des actes sociaux et des experiences individuelles qui les accompagnent, afin d'isoler les structures a priori qui sont au principe meme du droit positif. Le travail de Reinach s'inscrit egalement dans un champ d'analyse philosophique et linguistique centre sur les enonces dits performatifs, baptises (...) tels par Austin quelques decennies plustard. (shrink)

There is as yet no widely agreed-upon solution to the standard textbook problem whether actively shutting off a life-sustaining medical device, e.g. a respirator, and thus bringing about a patient9s death amounts to active killing or just to an omission of further treatment. Apart from a range of astutely contrived case examples and respective particular solutions proposed in the literature, there seems to be no consensus on the normative principles such solutions should be grounded in, not even on the need (...) for such principles beyond sheer intuition. The present paper attempts to develop a normative approach based on fundamental principles of law. From this perspective, what is decisive for the question of ‘killing or letting die’ in such cases is not that death ensues from a behaviour that is active and relevantly causative, but rather, whether or not the agent in performing the deadly act transgresses the boundaries of the domain of his or her sole normative authority, and thereby intervenes in the protected sphere of another. Unless he or she does so, their behaviour cannot be classified as active commission regardless of the amount of causal activity it may display and regardless of its potentially harmful consequences. This conception is spelled out in detail and tested in a range of case examples, as are several of its corollaries that deviate from standard type solutions. (shrink)

Womit beschäftigt sich die medizinische Wissenschaft? Ich verstehe ja natürlich nichts davon, aber sie beschäftigt sich doch mit dem Menschen. Und die Juristerei, die Gesetzgebung und Rechtsprechung? Auch mit dem Menschen.

Adolf von Harnack auf schloss Elmau, von J. Müller.--Briefe Adolf von Harnacs an Johannes Müller.--Leben und erkennen, von A. Harnack.

Tradução de Murilo Leite Pereira Neto e revisão técnica da tradução de Vitor Sartori. O Artigo foi publicado originalmente em Beiträge zur Marx-Engels-Forschung. Neue Folge 2000, sob o título Wer schrieb den Artikel „Juristen-Sozialismus“? Probleme der Autorschaftsbegründung bei der Bearbeitung für Band I/31 der MEGA-2. O texto original pode ser acessado em: https://marxforschung.de/2016/wp-content/uploads/2022/07/BzMEF_NF20_R.-Merkel-Melis_S.-86-94.pdf.

von Gustav Adolf Seeck ; Volltext // Exemplar mit der Signatur: München, Bayerische Staatsbibliothek -- Z 50.598-31/34.

"Well over one half of this brilliant new Monograph constitutes a major sequel to Professor Grunbaum's highly influential 1984 book The Foundations of Psychoanalysis: A Philosophical Critique, which was labeled "magisterial" by Frank J. Sulloway, and "the most important book ever written on Freud's status as a scientist" by J. Allan Hobson. The importance of the present Monograph lies in the extent to which the author now goes beyond that earlier volume to offer new original ideas on fundamental themes." "Validation (...) in the Clinical Theory of Psycho-analysis: A Study in the Philosophy of Psycho-analysis contains Adolf Grunbaum's new basic critique of the psychoanalytic theory of transference in its role of an etiologic theory; it turns out that etiologic transference interpretations rest on fallacious causal inferences from so-called "meaning connections" between mental states: moreover, just these unsound inferences are the stock-in-trade of the "hermeneutic" reconstruction of psychoanalysis, which charges Freud with a "scientistic self-misunderstanding."" "This volume joins the issue with Marshall Edelson's defenses of the investigative viability of the single-subject case study method. As a spin-off from the import of the serious placebo challenge to psychoanalysis, this Monograph presents the author's widely recognized new account of the placebo concept across all of medicine and psychotherapy. Whereas Foundations of Psychoanalysis objected that Freud's dream theory was evidentially ill-founded, the burden of the present book is to give two new basic reasons for presuming the theory to be false. It also develops the import of the author's appraisal of psychoanalytic theory for the scrutiny of Freud's triadic psychology of religious belief in theism." "Since Sir Karl Popper's most detailed charge of pseudoscience against psychoanalysis in 1983 could not be examined for inclusion in the 1984 book, the present monograph shows in what ways it is wide of the mark as an incoherent diagnosis of the scientific liabilities of psychoanalytic theory. In addition, four important papers that had antedated Foundations by a few years and were scattered over diverse publications have been updated and integrated with the other chapters herein."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved. (shrink)

This paper offers a refutation of P. Duhem's thesis that the falsifiability of an isolated empirical hypothesis H as an explanans is unavoidably inconclusive. Its central contentions are the following: 1. No general features of the logic of falsifiability can assure, for every isolated empirical hypothesis H and independently of the domain to which it pertains, that H can always be preserved as an explanans of any empirical findings O whatever by some modification of the auxiliary assumptions A in conjunction (...) with which H functions as an explanans. For Duhem cannot guarantee on any general logical grounds the deducibility of O from an explanans constituted by the conjunction of H and some revised non-trivial version R of A: the existence of the required set R of collateral assumptions must be demonstrated for each particular case. 2. The categorical form of the Duhemian thesis is not only a non-sequitur but actually false. This is shown by adducing the testing of physical geometry as a counterexample to Duhem in the form of a rebuttal to A. Einstein's geometrical articulation of Duhem's thesis. 3. The possibility of a quasi a priori choice of a physical geometry in the sense of Duhem must be clearly distinguished from the feasibility of a conventional adoption of such a geometry in the sense of H. Poincare. And the legitimacy of the latter cannot be invoked to save the Duhemian thesis from refutation by the foregoing considerations. (shrink)

Non-therapeutic circumcision violates boys’ right to bodily integrity as well as to self-determination. There is neither any verifiable medical advantage connected with the intervention nor is it painless nor without significant risks. Possible negative consequences for the psychosexual development of circumcised boys (due to substantial loss of highly erogenous tissue) have not yet been sufficiently explored, but appear to ensue in a significant number of cases. According to standard legal criteria, these considerations would normally entail that the operation be deemed (...) an ‘impermissible risk’—neither justifiable on grounds of parental rights nor of religious liberty: as with any other freedom right, these end where another person's body begins. Nevertheless, after a resounding decision by a Cologne district court that non-therapeutic circumcision constitutes bodily assault, the German legislature responded by enacting a new statute expressly designed to permit male circumcision even outside of medical settings. We first criticise the normative foundations upon which such a legal concession seems to rest, and then analyse two major flaws in the new German law which we consider emblematic of the difficulty that any legal attempt to protect medically irrelevant genital cutting is bound to face. (shrink)

Includes both German and English texts of "The Basic Concepts of Ethics", "The Basic Features of Ethics", "Reflection: Its Ethical and Legal Significance", with an introduction by James Smith.

Phenomenologists were concerned with showing that essential structures of being, knowable by rational insight, are found more abundantly than commonly thought. Reinach shows that in the civil law there are essential structures, such as the structure of promising or of owning. These pre-positive structures provide the civil law with a foundation that can be known by philosophical insight. Though the enactments of the civil law are changeable, essential foundations are not. Of particular significance is Reinach's concept of a social act, (...) that is, of an act that addresses another and has to be heard by the other in order to be complete. Reinach shows that the essence of legally relevant acts, such as promising, comes to evidence when they are understood as social acts. (shrink)

"Well over one half of this brilliant new Monograph constitutes a major sequel to Professor Grunbaum's highly influential 1984 book The Foundations of Psychoanalysis: A Philosophical Critique, which was labeled "magisterial" by Frank J. Sulloway, and "the most important book ever written on Freud's status as a scientist" by J. Allan Hobson. The importance of the present Monograph lies in the extent to which the author now goes beyond that earlier volume to offer new original ideas on fundamental themes." "Validation (...) in the Clinical Theory of Psycho-analysis: A Study in the Philosophy of Psycho-analysis contains Adolf Grunbaum's new basic critique of the psychoanalytic theory of transference in its role of an etiologic theory; it turns out that etiologic transference interpretations rest on fallacious causal inferences from so-called "meaning connections" between mental states: moreover, just these unsound inferences are the stock-in-trade of the "hermeneutic" reconstruction of psychoanalysis, which charges Freud with a "scientistic self-misunderstanding."" "This volume joins the issue with Marshall Edelson's defenses of the investigative viability of the single-subject case study method. As a spin-off from the import of the serious placebo challenge to psychoanalysis, this Monograph presents the author's widely recognized new account of the placebo concept across all of medicine and psychotherapy. Whereas Foundations of Psychoanalysis objected that Freud's dream theory was evidentially ill-founded, the burden of the present book is to give two new basic reasons for presuming the theory to be false. It also develops the import of the author's appraisal of psychoanalytic theory for the scrutiny of Freud's triadic psychology of religious belief in theism." "Since Sir Karl Popper's most detailed charge of pseudoscience against psychoanalysis in 1983 could not be examined for inclusion in the 1984 book, the present monograph shows in what ways it is wide of the mark as an incoherent diagnosis of the scientific liabilities of psychoanalytic theory. In addition, four important papers that had antedated Foundations by a few years and were scattered over diverse publications have been updated and integrated with the other chapters herein."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved. (shrink)

There is concern that the use of neuroenhancements to alter character traits undermines consumer's authenticity. But the meaning, scope and value of authenticity remain vague. However, the majority of contemporary autonomy accounts ground individual autonomy on a notion of authenticity. So if neuroenhancements diminish an agent's authenticity, they may undermine his autonomy. This paper clarifies the relation between autonomy, authenticity and possible threats by neuroenhancements. We present six neuroenhancement scenarios and analyse how autonomy accounts evaluate them. Some cases are considered (...) differently by criminal courts; we demonstrate where academic autonomy theories and legal reasoning diverge and ascertain whether courts should reconsider their concept of autonomy. We argue that authenticity is not an appropriate condition for autonomy and that new enhancement technologies pose no unique threats to personal autonomy. (shrink)

In §1, the bona fide anisotropy of physical time is sharply distinguished from the alleged one-way flow of time.

Consider where κ is an uncountable regular cardinal. By a result of Shelah's we have for almost all witnessing this. Here we consider the question if there could be a similar result for. We will discuss some basic facts implying that this cannot hold in general. We will use these facts to construct an interesting example of a pseudo Prikry forcing, answering a question of Sinapova.

On October 18-19, 2002, the Center for Philosophical Education at Santa Barbara City College hosted a symposium honoring Professor Adolf Grünbaum’s contributions to contemporary philosophy. This work, an outgrowth of that symposium, contains essays by leading philosophers on Grünbaum's vast influence on philosophy of religion and philosophy of science. The symposium participants have either significantly reworked their original papers or written entirely new ones for this special publication. A reprint of Grünbaum’s "The Poverty of Theistic Cosmology" further enriches the (...) book. A highlight of the present volume is an extended "Autobiographical-Philosophical Narrative" in which Grünbaum traces his intellectual journey, beginning with a poignant account of his early experiences with anti-Semitism in Nazi Germany and his initial queries about religious belief, continuing through the major milestones of his career, and concluding with his current interests. Also of great value is a complete bibliography of Grünbaum's published works. Besides Grünbaum, the contributors include Nancy Murphy, Bas C. van Fraassen, Michael Tooley, Steven Humphrey, Nancy Cartwright, and Edward Erwin. (shrink)

Ellis and Bowman's account of nonstandard signal synchronizations is examined as a prolegomenon to this paper. Attention is called to some consequences of an important ambiguity in their account of the transitivity of nonstandard synchrony. Then an analysis is given of the principle of relativity to assess E & B's claim that this principle either restricts nonstandard signal synchronisms or rules them out altogether. It is argued that the latitude for choices of nonstandard synchronisms is not circumscribed by the factual (...) content of the principle of relativity; instead, the exclusion of such synchronisms by this principle depends on a tacit appeal to the particular conventions implicit in certain formulations of the principle. Hence E & B's claim is rejected as an argument against the factual tenability of nonstandard synchronisms. (shrink)

In comparing it with the mechanistic and vitalistic views, the author seeks to make clear the nature of holistic causality, referring toDonnan's equations as an example.Holistic causality is essentially dimensional simplification. A complex system which forms a whole must be described in the first instance autonomo-phenomenologically, and if possible mathematically. Thereafter it is simplified into other wholes of less dimensionality, through progressive elimination of its higher dimensions, and so on until there remain over constituents no longer showing „wholeness”. These are (...) called „atoms” in the general sense. In holistic thought we do not begin with the atom; it is found at the end of the process of simplification.All unitary systems which lie between the atoms — the ultimate terms of holistic simplification, no longer showing wholeness — and the highest world-whole which we call the universe, are relative wholes. Each of these unitary systems is a complete whole only with respect to those systems of lower dimension into which it can itself be simplified. On the other hand it is itself a partial whole in relation to the wholes of higher dimension to which it is subordinated. Accordingly all these systems are at the same time complete wholes and partial wholes.It follows from this principle, as indeed theDonnan equations show, that theoretical biology can be simplified into the complementary domain of theoretical physics, but that it is quite impossible to „deduce„ the principles and theorems of theoretical biology from those of theoretical physics, as all mechanistic doctrines maintain.L'auteur, en discutant les points de vue mécanistes et vitalistes, cherche à définir la causalité holistique tout en se référant aux équations deDonnan, qu'il prend comme exemple.La causalité holistique est essentiellement une simplification dimensionnale. Un système complexe, constituant une totalité, doit être décrit avant tout de façon autonomo-phénoménologique et — si possible — de façon mathématique. Ensuite il est simplifié de manière à former d'autres totalités de dimensionalité inférieure par suite de l'élimination progressive de ses dimensions supérieures et ainsi de suite jusqu'à ce qu'il n'en reste plus que les parties ne formant plus totalité. Celles-ci s'appellent „atomes” dans le sens propre du mot. Dans le holisme on ne commence pas par l'atome, qu'on trouve au contraire à la fin de la simplification.Tous les systèmes constituant une totalité et se trouvant entre les atomes en tant que restes de la simplification holistique, qui ne possèdent plus un caractère de totalité, et d'autre part la totalité mondiale la plus élevée, appelée Univers, sont des totalités relatives. Tout système constituant de cette façon une totalité, ne forme une totalité complète que pour ceux-là des systèmes de dimensions inférieures dans lesquels il peut être simplifié lui-même; par contre il constitue lui-même un membre-totalité pour les totalités de dimensions supérieures auxquelles il est luimême subordonné. Ainsi tous ces systèmes sont en même temps membres-totalités et totalités complètes.Il s'ensuit de ce principe, que, comme le démontrent aussi les équations deDonnan, la biologie théorique peut bien être simplifiée dans les domaines qui lui sont complémentaires de la physique théorique, mais qu'il est complètement impossible de dériver les principes et les théorèmes de la biologie théorique de ceux de la physique théorique, comme le prétendent toutes les doctrines mécanistes. (shrink)

Professor Margenau's paper presents an analysis of physical theory which has the great merit of exhibiting classical physics and modern quantum mechanics as different aspects of the same epistemological and methodological framework.By maintaining that “there is not a tree and my construct of it, nor a wave length and my construct of it” he is denying that the constructs of ordinary common sense and, a fortiori, the theoretical constructs of the physical sciences denote entities existing independently of our rational manipulation (...) of them. This denial then enables him to treat constructs like “tree” and “electric current” exactly on a par with the Ψ-functions of quantum mechanics not only methodologically but also ontologically. Once this is granted, he has prepared the ground for his synthesis of classical physics with quantum mechanics and is justified in inferring that “In quantum mechanics, then, the basic mode of description has remained unaltered while the rules of correspondence have undergone radical changes.”. (shrink)

Maziarz proposes to offer "a solution that meets the requirements of recent developments in mathematics" as well as to chart "the course of its historical development." The leitmotiv of his entire treatment is the doctrine of abstraction. Says he: "...mathematics...in common with all sciences...arises through the mental action of abstraction from sense data," and again, "pure mathematics is a speculative science which originates from the mental action of formal abstraction from things." More specifically, we are told that "the laws of (...) mathematical thinking are imposed on the mind from the very nature of quantified substance as given to the mind as it abstracts from the phantasms given by the sense from extramental reality." The implications of this claim for the status of mathematical entities are then asserted to be the following: "The mathematical natures, though not capable of extramental existence as such, are not purely fictitious; it is the natural state of mathematical natures to be so abstracted and abstractly considered and mathematical natures are still ens naturæ and not merely ens rationis." By virtue of the abstractive pedigree which is claimed for it, mathematics is held to give us knowledge concerning ens naturæ and is therefore accorded essentially the same logical status as empirical knowledge. Maziarz maintains that both types of knowledge derive their truth from what he calls "the identification of the intellect with the thing known" and the mind's "conformableness" to "real, extra-mental being." The knower is said to become "the object in the order of intention... while remaining what he is--man--in the order of nature.". (shrink)