Caroline Torra-Mattenklott ; Inhaltsverzeichnis ; Volltext // Exemplar mit der Signatur: München, Bayerische Staatsbibliothek -- PVA 2002.25.

ArgumentIn his Philosophia practica universalis, Christian Wolff proposes a “mathematical” theory of moral action that includes his statements on the Aesopian fable. As a sort of moral example, Wolff claims, the fable is an appropriate means to influence human conduct because it conveys general truths to intuition. This didactic concept is modeled on the geometrical figure: Just as students intuit mathematical demonstrations by looking at figures on a blackboard, one can learn how to execute complex actions by listening to a (...) fable. Wolff's “scientific” fable theory met with an ambivalent reception. Lessing, who in his fable treatises re-translates Wolff's suggestions into the conceptual framework of poetics, interprets the geometric model as a stylistic ideal. The famous passage on Homer's successive descriptions in Lessing's Laokoon can be seen as another attempt to apply the representational model of geometry to literature. Herder, reading Wolff in a way that might be called deconstructive, replaces Wolff's geometric theory of poetry by a poetic anthropology of geometry. (shrink)

If, as many suppose, pornography changes people, a question arises as to how.1 One answer to this question offers a grand and noble vision. Inspired by the idea that pornography is speech, and inspired by a certain liberal ideal about the point of speech in political life, some theorists say that pornography contributes to that liberal ideal: pornography, even at its most violent and misogynistic, and even at its most harmful, is political speech that aims to express certain views about (...) the good life, 2aims to persuade its consumers of a certain political point of view—and to some extent succeeds in persuading them. Ronald Dworkin suggests that the pornographer contributes to the ‘moral environment, by expressing his political or social convictions or tastes or prejudices informally’, that pornography ‘seeks to deliver’ a ‘message’ , that it reflects the ‘opinion’ that ‘women are submissive, or enjoy being dominated, or should be treated as if they did’, that it is comparable to speech ‘advocating that women occupy inferior roles’.3 Pornography on this view is political speech that aims to persuade its listeners of the truth of certain ideas about women, and of course ‘the government must leave to the people the evaluation of ideas’.4 Another answer offers a vision that is not grand and noble, but thoroughly reductive. Pornography is not politically persuasive speech, but speech that works by a process of psychological conditioning. This view seems common enough in the social science literature. Consider, for example, this description of an early experiment, from a time that pre-dates contemporary political debate. (shrink)

Caroline Franks Davis provides a clear, sensitive, and carefully argued assessment of the value of religious experiences as evidence for religious beliefs. Much more than an 'argument from religious experience', the inquiry systematically addresses underlying philosophical issues such as the role of interpretation in experience, the function of models and metaphors in religious language, and the way perceptual experiences in general are used as evidence for claims about the world. The author examines several arguments from religious experience and, using (...) contemporary and classic sources from the world religions, gives an account of the different types of experience. To meet sceptical challenges to religious experience, she draws extenisvely on psychological and sociological as well as philosophical and religious literature, probing deeply into the questions whether religious experiences are merely a matter of interpretation, whether there is irreducible conflict among religious experiences, and whether psychological and other reductionist explanations of religious experience are satisfactory. She concludes that religious experiences, like most experiences, are most effective as evidence within a cumulative style of argument which combines evidence from a wide range of sources. (shrink)

Corporations are spending a substantial and increasing amount of money on corporate social responsibility. However, little is known about the effects on key stakeholders of these activities. This study investigates if CSR activities have an effect on employees’ affective commitment. Two models test to what extent employees’ CSR perception, involvement in decision processes, and demographic variables are related to their AC relative to their perception of positive organizational support. The analysis is based on a sample of 512 employees from 4 (...) Scandinavian companies; 3 Norwegian and 1 Swedish, randomly selected from a population of 6,710 mostly Norwegian and Swedish employees in those 2 countries. The results indicate that CSR perception is a significant predictor of AC, although how employees feel that the company cares about them has stronger explanatory power on AC. Contrary to the few other studies addressing AC and CSR, gender was not found to be a significant variable in the model. (shrink)

As donor trust legitimises research, trust is vital for research in the fields of biomedicine, genetics, translational medicine and personalised medicine. For parts of the donor community, the consent signature is a sign of trust in research. Many consent processes in biomedical research ask donors to provide their data for an unspecified future use, which introduces uncertainty of the unknown. This uncertainty can jeopardise donor trust or demand blind trust. But which donor wants to trust blindly? To reduce this uncertainty, (...) we explore first, which future-proof actors donors could trust when signing a consent form. Second, we discuss the question Can we know if donor trust expires? and what prevents donor trust from expiring. Finally, we present possible measures that can help to nurture trust in the far future. In this article, we draw on our previous research on trust in biomedical research, on trust in the broader healthcare system and Niklas Luhmann’s and Anthony Giddens’ trust theories. Our findings suggest that, in the far future, researchers will need to consider donor autonomy, as well as societal norms and values of the time period in which the data were donated. They will need to find mechanisms where possible to publicly announce the use of old data sets. However, foremost researchers will need to treat the data respectfully. It remains vital that professionals and the society continue to elaborate on the norms and values that shape the common understanding of what is morally right and wrong when researching data. (shrink)

Some theories of personal identity allow some variation in what it takes for a person to survive from context to context; and sometimes this is determined by the desires of person-stages or the practices of communities.This leads to problems for decision making in contexts where what is chosen will affect personal identity.‘Temporal Phase Pluralism’ solves such problems by allowing that there can be a plurality of persons constituted by a sequence of person stages. This illuminates difficult decision making problems when (...) persons have to choose between different life-altering choices. (shrink)

IntroductionConcussion is a growing public health concern. No uniformly established therapy exists; neurofeedback studies report treatment value. We use infralow frequency neuromodulation to remediate disabling neurological symptoms caused by traumatic brain injury and noted improved outcomes with a novel concussion protocol. Postconcussion symptoms and persistent postconcussion symptoms are designated timelines for protracted neurological complaints following TBI. We performed a retrospective study to explore effectiveness of ILF in PCS/PPCS and investigated the value of using this concussion protocol.MethodPatients with PCS/PPCS seen for (...) their first neurology office visit or received their first neurofeedback session between 1 August 2018 and 31 January 2021 were entered. Outcomes were compared following treatment as usual vs. TAU with ILF neurotherapy. The study cohort was limited to PPCS patients; the TAU+ILF group was restricted further to PPCS patients receiving at least 10 neurotherapy sessions. Within the TAU+ILF group, comparisons were made between those who trained at least 10 sessions using concussion protocol and those who trained for at least 10 sessions of ILF regardless of protocol.ResultsAmong our resultant PPCS cohort leading persistent neurological complaints were headache, memory impairment, and brain fog. PPCS patients in TAU+ILF+CP demonstrated greater net and percent improvement of symptoms compared to PPCS subjects in TAU. PPCS patients in TAU+ILF-CP trended toward significant symptom improvements compared to TAU, and TAU+ILF+CP trended toward greater efficacy than TAU+ILF-CP.ConclusionPPCS patients who received TAU+ILF+CP demonstrated significantly greater improvement as a group when compared to TAU. When used as an integrative modality to treatment as usual in managing patients with PPCS, ILF neuromodulation with use of concussion protocol provided significant symptom improvements. (shrink)

It has been well documented that children perceive robots as social, mental, and moral others. Studies on child-robot interaction may encourage this perception of robots, first, by using a Wizard of Oz set-up and, second, by having robots engage in self-description. However, much remains unknown about the effects of transparent teleoperation and self-description on children’s perception of, and relationship formation with a robot. To address this research gap initially, we conducted an experimental study with a 2 × 2 between-subject design (...) in which 168 children aged 7–10 interacted with a Nao robot once. Transparency about the teleoperation procedure decreased children’s perceptions of the robot’s autonomy and anthropomorphism. Self-description reduced the degree to which children perceived the robot as being similar to themselves. Transparent teleoperation and self-description affected neither children’s perceptions of the robot’s animacy and social presence nor their closeness to and trust in the robot. (shrink)

The term “race,” and the concept it refers to, namely genetically different human populations in the world, is one of the most intellectually and emotionally charged in society, and in science as well. This article focuses on how human beings recognize individual faces of their own versus another “racial group,” and the term “face race” is used in the context of visual recognition, as traditionally done in the scientific literature. The article reviews the well-known phenomenon that people have greater difficulty (...) distinguishing and recognizing individual faces from a different human population, or “race,” than their own. Experience-based holistic accounts encompass and extend most other proposals, such as a more densely clustered organization of other-race faces in an internal face-space centered on a “norm,” and it leads to a number of interesting predictions about the processing of same race and other-race faces. (shrink)

We can think about the use of controlled substances in the treatment of anxiety disorders in two simple but diametrically opposed ways. First, we can say that anxiety disorders are trivial and require only acts of willpower, or, if anxiety disorders do require treatment, they are better treated without the use of benzodiazepines. When BZs are used to treat anxiety, they pose grave risks of addiction to the patients to whom these medicines are prescribed; they relieve patients’ symptoms, but are (...) the equivalent of a pharmacological “roach motel,” a haven into which many unsuspecting patients enter, but from which few emerge without becoming addicted. Patients must then face terrible struggles to free themselves of dependence on BZs, and this compounds the problem for which they sought treatment. Furthermore, the large number of prescriptions for BZs are a threat to the public health because these drugs are widely abused by alcoholics and drug addicts. (shrink)

Can we build endogenous expectations about the locus of occurrence of a target without being able to describe them? Participants performed cue–target detection tasks with different proportions of valid and invalid trials, without being informed of these proportions, and demonstrated typical endogenous effects. About half were subsequently able to correctly describe the cue–target relationships . However, even non-verbalizer participants showed endogenous orienting with peripheral cues , not depending solely on practice . Explicit instructions did not bring about dramatic advantages in (...) performance .With central symbolic cues, only verbalizers showed reliable endogenous effects . We concluded that endogenous orienting with peripheral cues can occur independently of participants developing explicit hypotheses about the cue–target relationships. (shrink)

It is widely held that free speech is a distinctive and privileged social kind. But what is free speech? In particular, is there any unified phenomenon that is both free speech and which is worthy of the special value traditionally attached to free speech? We argue that a descendent of the classic Millian justification of free speech is in fact a justification of a more general social condition; and, via an argument that 'free speech' names whatever natural social kind is (...) justified by the best arguments, that free speech is therefore this more general condition. This condition involves not merely the orthodox freedom (in some sense) of speakers to distribute words, but also two less frequently acknowledged dimensions of free speech: audience understanding and consideration. We conclude with some discussion of the policy implications of this conception of free speech. (shrink)

Background: Conducting video-research in birth settings raises challenges for ethics review boards to view birthing women and research-midwives as capable, autonomous decision-makers. Aim: This study aimed to gain an understanding of how the ethical approval process was experienced and to chronicle the perceived risks and benefits. Research design: The Birth Unit Design project was a 2012 Australian ethnographic study that used video recording to investigate the physical design features in the hospital birthing space that might influence both verbal and non-verbal (...) communication and the experiences of childbearing women, midwives and supporters. Participants and research context: Six women, 11 midwives and 11 childbirth supporters were filmed during the women’s labours in hospital birth units and interviewed 6 weeks later. Ethical considerations: The study was approved by an Australian Health Research Ethics Committee after a protracted process of negotiation. Findings: The ethics committee was influenced by a traditional view of research as based on scientific experiments resulting in a poor understanding of video-ethnographic research, a paradigmatic view of the politics and practicalities of modern childbirth processes, a desire to protect institutions from litigation, and what we perceived as a paternalistic approach towards protecting participants, one that was at odds with our aim to facilitate situations in which women could make flexible, autonomous decisions about how they might engage with the research process. Discussion: The perceived need for protection was overly burdensome and against the wishes of the participants themselves; ultimately, this limited the capacity of the study to improve care for women and babies. Conclusion: Recommendations are offered for those involved in ethical approval processes for qualitative research in childbirth settings. The complexity of issues within childbirth settings, as in most modern healthcare settings, should be analysed using a variety of research approaches, beyond efficacy-style randomised controlled trials, to expand and improve practice-based results. (shrink)

We address the problem of musical variation (identification of different musical sequences as variations) and its implications for mental representations of music. According to reductionist theories, listeners judge the structural importance of musical events while forming mental representations. These judgments may result from the production of reduced memory representations that retain only the musical gist. In a study of improvised music performance, pianists produced variations on melodies. Analyses of the musical events retained across variations provided support for the reductionist account (...) of structural importance. A neural network trained to produce reduced memory representations for the same melodies represented structurally important events more efficiently than others. Agreement among the musicians' improvisations, the network model, and music‐theoretic predictions suggest that perceived constancy across musical variation is a natural result of a reductionist mechanism for producing memory representations. (shrink)

This article offers a descriptive and analytic view of the different stages leading to the constitution of a corpus that is representative of the issues of climate and energy justice. Overall, the corpus contains over five million words and gathers reports, newsletters and web-pages dealing with the most equitable ways of moving to a low-carbon future in the aim of limiting climate change. It can be divided into six sub-corpora, according to types of discourse communities, and methods of constitution. We (...) begin by presenting the small Do It Yourself (DIY) corpora which were used as a starting point. Three discourse communities were selected to observe possible variation in their treatment of the issue: Non-Governmental Organisations (NGOs), United-Nation institutions, and the Renewable Energy Sector (RES). The sources are selected according to author, date, keywords in title. Using the concordance Antconc and WMatrix software we test the reliability of the corpora for their thematic content, terminology and lexical unit classification. Our first results enable us to confirm variation between the discourse communities. The discrepancy in sizes and the time-consuming nature of the initial DIY corpus constitution lead us to use BootCat to extend them, using keywords from the corpora as seeds to retrieve and download webpages. We thus contrast a more traditional approach to corpus building to web-as-corpus data gathering methods. We compare the results found in the BootCat corpora to test if they are as specific as those in the DIY corpora. This enables us to draw conclusions on the possible uses and advantages of relatively small corpora for the study of specialised discourse. (shrink)

Lorsque la philosophie a voulu penser la propriété et son origine, elle a fait de la nature le cadre approprié pour l’appréhender, y compris à des époques où la propriété, aussi bien privée que commune, était déjà régulée par un système de juridictions préexistant. La propriété et la question de sa légitimité ont alors été interrogées aux confins de l’articulation entre l’ordre du fait (s’incarnant notamment dans l’appropriation) et celui du droit. Néanmoins la mise au premier plan d’une nécessité naturelle (...) ainsi que l’inscription de l’appropriation dans un registre naturaliste ont pour vocation de soustraire la propriété à la problématique de la justice distributive. L’approche naturaliste de l’appropriation privative implique en outre un usage pragmatique de la norme juridique, renversant par là la « loi de Hume », alors même que cette norme pourrait être tout aussi légitimement mobilisée pour instaurer un devoir-être plutôt que pour instituer juridiquement un état de fait. Classification JEL : B12, P14. (shrink)

Humans can follow different social learning strategies, sometimes oriented toward the models’ characteristics. The goal of the present study was to explore which who-strategy is preferentially followed in the technological context based on the models’ psychological characteristics. We identified three potential who-strategies: Copy the pedagogue, copy the engineer, and copy the friend. We developed a closed-group micro-society paradigm in which participants had to build the highest possible towers. Participants began with an individual building phase. Then, they were gathered to discuss (...) the best solutions to increase tower height. After this discussion phase, they had to make a new building attempt, followed by another discussion phase, and so forth for a total of six building phases and five discussion rounds. This methodology allowed us to create an attraction score for each participant. We also assessed participants’ theory-of-mind skills, technical-reasoning skills, and prosocialness to predict participants’ attraction scores based on these measures. Results show that we learn from engineers because they are the most successful. Their attraction power is not immediate, but after they have been identified as attractors, their technique is copied irrespective of their pedagogy or friendliness. These findings open avenues for the study of the cognitive bases of human technological culture. (shrink)

While 23andMe aspires to be “the world's trusted source of personal genetic information,” the U.S. Food and Drug Administration (FDA) believes that the company's advertising practices have been anything but trustworthy. Last November, a harshly worded FDA “warning letter” demanded that the direct‐to‐consumer genetic testing company immediately discontinue marketing its unapproved “medical device.” The tussle between 23andMe and the FDA has attracted more attention than a typical disagreement between a company and a government agency. Larry Downes and Paul Nunes identify (...) 23andMe as a “Big Bang Disruption”: an invention that revolutionizes the existing market, foiling both industry incumbents and unprepared regulators. The outcome of the FDA's current review to hold the answer to the million‐dollar question: how will DTC genetic testing be regulated in the future? Ideally, the FDA's regulations should not pose undue burdens on consumers seeking personal genetic information but, rather, help consumers make a transition out of the consumer setting and into the medical setting. (shrink)

Les principes de l’éthique médicale sont, pour l’essentiel, clairement définis. Néanmoins on ignore, pour une large part, dans quelle mesure ils sont l’objet d’une réappropriation normative par les acteurs et comment ils structurent les pratiques. Nous avons interrogé ces processus dans le champ de la psychiatrie, en nous fondant sur un recueil de données qualitatives. Celui-ci nous a permis de saisir les interprétations de l’éthique médicale émergeant des discours des soignants en psychiatrie et d’identifier sa nature. Nous en exposerons les (...) facettes en tentant d’abord de comprendre le sens conféré à l’exclusion de l’éthique du champ de leur pratique par certains médecins. Puis nous saisirons les contours se dessinant empiriquement de l’éthique en psychiatrie pour autant qu’elle repose sur une réinterprétation de principes canoniques de l’éthique médicale. Nous montrerons enfin que cette éthique de l’action se conçoit comme une éthique que la philosophie morale décrirait comme particulariste. (shrink)

Face à la diversité culturelle et religieuse, face à l’irréductible pluralisme des sociétés multiculturelles contemporaines et aux demandes de reconnaissance qui émanent de leurs minorités, ni le républicanisme classique ni le libéralisme politique n’offrent de réponse satisfaisante qui puisse inspirer une éducation politique, adaptée à ce nouveau contexte social. Pour que l’école participe, comme on a longtemps voulu qu’elle y contribue, à la pacification et à l’harmonisation de ces inévitables divergences, il est requis de repenser le contenu d’une éducation politique, (...) répondant adéquatement au projet politique de « bien vivre ensemble avec nos différences ». C’est à l’exploration du contenu d’une telle éducation que cet article se consacre. (shrink)

This research focuses on a profession, that of pedagogical consultant (PC) in mathematics, which has been little explored. Interviews were conducted with eight PCs in mathematics at the elementary school level, based on two professional situations related to problem solving and professional development of teachers. An emerging analysis brought to light, within their professional practice, common elements, characterizing what we can call “a PC’s professional genre”. Singular forms of this profession are also highlighted, reflecting the way in which these PCs (...) engage personally in this profession and develop styles according to circumstances. (shrink)

The preferred tool for conceptualizing, determining, and claiming relations of kinship, ancestry, and descent among humans are diagrams. For this reason, and at the same time to avoid a reduction to biology as transported by terms such as kinship, ancestry, and descent, we introduce the expression diagrammatics of relatedness. We seek to understand the enormous influence that especially tree diagrams have had as a way to express and engage with human relatedness, but hold that this success can only be adequately (...) understood by attending to what in fact are broader diagrammatic practices. These practices bring to light that diagrams of relatedness do not simply make visible natural connections, but create or deny relations in particular ways and for particular reasons. In this special section, contributors investigate diagrams of relatedness in genealogy, heredity, as well as biological and social anthropology. Conceiving of diagrams as techniques that transcend such binaries as ‘thought and action’ and ‘image and text’, we aim at an understanding of how they were constructed and how they functioned in particular epistemic, cultural, and political contexts. (shrink)

: Para que se possa abordar a sociabilidade em Hannah Arendt (1906-1975), é importante mencionar a importância que a autora confere, em suas obras, à necessidade de organização dos grupos humanos por meio de regras, assim como de que essas regras sejam seguidas para a preservação da vida em conjunto. Segundo a autora, a política é a maneira humana de convívio entre os homens e mulheres por meio do gerenciamento de questões emergentes, sem o uso de qualquer coação. Ainda, para (...) ela, a igualdade não se origina da linhagem, do status social, mas da igualdade no sentido de poder agir em conjunto. Assim o indivíduo tem um importante papel a ser exercido na esfera política, enquanto cidadão. Nesse contexto, é preciso que haja um “espaço público”, bem como, que os cidadãos tenham a liberdade para expressar-se, podendo contestar, discutir as ideias e ideais, sem utilizar-se de qualquer tipo de violência, buscando, por meio dessa elaboração conjunta, adquirir outros direitos, por exemplo, à saúde, à educação, à moradia, ao emprego. A existência da possibilidade de ver e ser visto, discordar e poder expor isso, para Arendt, apenas ocorre em uma convivência política, na pluralidade, buscando a elaboração de regras para a organização do grupo em que vivem e pelo qual se sentirão partícipes e responsáveis. Ou seja, é uma atitude que ocorre em um espaço público de encontro de iguais, enquanto cidadãos, diferentes, enquanto seres únicos por nascimento, a fim de conseguir, mesmo que momentaneamente, a garantia de paz no convívio das singularidades. O presente texto visa a destacar a importância da necessidade dos laços de sociabilidade em um Estado Democrático de Direito, a partir da obra Origens do Totalitarismo, no qual Arendt descreve o Regime Totalitário vivenciado por ela, bem como, a ruptura dos laços de sociabilidade, fatos passíveis de discussão para pensar a situação política, não somente do Brasil como também de outros estados considerados democráticos. PALAVRAS-CHAVE: Arendt; Política; Sociabilidade; Ordenamento Jurídico; Totalitarismo. (shrink)

In his contribution to this special issue, Hindriks considers the Security Principle, an account of pro tanto obligations based on our account of reasons (Gunnemyr and Touborg 2023a). According to the Security Principle, you have a pro tanto obligation not to perform an action that makes a harm more secure. Hindriks raises two objections to this account. First, that it is too flexible; second, that it gives wrong verdicts when agents are robustly unwilling to act in a certain way. Here, (...) we respond to Hindriks’ objections and argue that Hindriks’ account, the Threshold Principle, gives counterintuitive verdicts in preemption and low-probability cases. (shrink)

Epigenetics reveals the biological mechanisms underlying the reproduction and even the transmission of social inequalities in health. It also emphasizes the complexity of factors involved in the development of some diseases. This complexity raises new difficulties for theories of justice. Is the equal opportunities theory the most appropriate to solve these difficulties? I demonstrate that epigenetics requires a multifactor model of justice—one that is grounded on principles of fairness, impartiality, and environmental and intergenerational justice. Depending on the point of view (...) assumed (i.e., individual, population-based, or intergenerational), the relevant principle of justice is different. (shrink)

to be published in the Proceedings of the 18. International Conference of Linguistics, Seoul, Korea.

While professional philosophers are often reluctant to address the issue of the aims of philosophy, the field of philosophy with children is abundant with articulated aims which tend to be more concrete and ambitious than those of academic philosophy. Is this asymmetry a problem? And how are we to think about the aims of philosophy with children? This article argues that not much will be gained from looking to academic philosophy because discussions here are surprisingly meager and have provided little (...) agreement. Nevertheless, it is also argued that the aims of philosophy with children must be constrained by what can be achieved by academic philosophy. (shrink)

This book explores the textual traditions that authorize the history, legitimacy, and authenticity of today's physical posture practice. The volume focuses on why and how yoga communities have adopted various texts they consider sacred or spiritually meaningful. Among the texts discussed are Yogananda's Autobiography, Sri Aurobindo's Savitri, Patanjali's Yoga Sutra, the Bhagavad Gita, the Hatha Yoga Pradipika, the Upanishads, the Vedas, and the YoginīTantra. Famous thinkers referred to include Aurobindo, Yogananda, Osho-Rajneesh, Sogyal Rimpoche, Charles Johnston, and Howard Thurman.Offering a starting (...) point, the ten essays address the nature, selection, and function of various ancient and contemporary texts read in contemporary yoga settings. The attention centers on how and why texts are read, and for whom they are read. As yoga is practiced in ashrams, yoga studios, gyms, meeting rooms, and even private living rooms, scholarly approaches to investigate the connections between yoga and texts are necessarily diverse. The volume aims to inspire further scholarship on the many ways in which various texts are sacralized in yoga communities, and on the reading strategies that are used to interpret them. The collection demonstrates that these issues deserve to be an important part of contemporary yoga studies. The anthology will, therefore, be of great interest to scholars of Religious Studies, Yoga Studies, and Asian Studies, as well as those studying sacred texts. (shrink)

In order to implement cost-benefit analysis of protective actions to reduce radiological exposures, one needs to attribute a monetary value to the avoided exposure. Recently, the International Commission on Radiological Protection has stressed the need to take into consideration not only the collective exposure to ionising radiation but also its dispersion in the population. In this paper, by using some well known and some recent results in the economics of uncertainty, we discuss how to integrate these recommendations in the valuation (...) of the benefit of protection. (shrink)

"The need to speak, even if one has nothing to say, becomes more pressing when one has nothing to say, just as the will to live becomes more urgent when life has lost its meaning."--from _The Ecstasy of Communication _First published in France in 1987, _ The Ecstasy of Communication_ was Baudrillard's summarization of his work for a postdoctoral degree at the Sorbonne: a dense, poetically crystalline essay that boiled down two decades of radical, provocative theory into an aphoristically eloquent (...) swan song to twentieth-century alienation. Baudrillard's quixotic effort to be recognized by the French intellectual establishment may have been doomed to failure, but this text immediately became a pinnacle to his work, a mid-career assessment that looked both forward and back. By carefully distilling the most radical elements of his previous books, Baudrillard constructed the skeleton key to all of the work that was to come in the second half of his career, and set the scene for what he termed the "obscene": a world in which alienation has been succeeded by ceaseless communication and information. _The Ecstasy of Communication_ is a decisive, compact description of what it means to be "wired" in our braver-than-brave new world, where sexuality has been superseded by pornography, knowledge by information, hysteria by schizophrenia, subject by object, and violence by terror. The Ecstasy of Communication is an anti-manifesto that confronted and dispensed with such influences as Marshall McLuhan, Guy Debord, and Georges Bataille. It is an essential crib-book, lexicon, and companion piece to any and all of Baudrillard's books. Twenty-five years after its original publication, it remains not only a prescient portrait of our contemporary condition, but also a dark mirror into which we have not yet dared to look. (shrink)

At the beginning of Derrida's ‘Before the Law’, a reading of Kafka's story with that title, is an epigraph from Montaigne's Essays: ‘… science does likewise (and even our law, it is said, has legitimate fictions on which it bases the truth of its justice)…’. Derrida again refers to this quotation in ‘Force of Law’, asking what a ‘legitimate fiction’ might be and what it would mean to establish the basis for the truth of justice. With reference to these writings (...) on the status of narrative and the law, as well as to other texts by Derrida, this paper examines the story of the judge-penitent in Camus' The Fall and, in particular, this ironic reading of the aporetic experience of standing ‘before the law’. What does the narrative, The Fall, entail? Camus writes that the man who speaks in this text is involved in a ‘calculated confession’. How are the borders between truth and fiction, justice and the law, negotiated in this reckoning ‘before the law’? (shrink)

L'ouvrage publié réunit les actes d'une journée d'étude consacrée à L'imprévu et le droit, souhaitée par les doctorants et organisée par l'Ecole doctorale de droit comparé de l'Université Paris 1 Panthéon-Sorbonne. Le sujet est immédiatement apparu très riche. Si le terme d'imprévu n'est pas essentiellement juridique, il fait écho à des critères du droit tels que la prévisibilité d'une situation ou d'un texte, ou l'imprévisibilité d'un événement comme cause exonératoire de responsabilité. Il renvoie plus généralement à l'exigence de sécurité juridique (...) qui s'opposerait à l'imprévu juridique. En outre le contexte était des plus propices, quelle que soit la discipline concernée, droit public, droit privé et/ou droit pénal. L'imprévu est entendu comme tout ce qui n'a pas été prévu, tout ce qui arrive lorsqu'on ne s'y attend pas. Prévoir, c'est admettre comme probable. La question de l'imprévu confronté au droit est intéressante car les deux concepts semblent antinomiques. Le droit apparaît en effet comme quelque chose de figé, permettant de régler par anticipation les comportements humains. Il doit permettre à chacun de régler sa conduite puisque nul n'est censé ignorer la loi. Le droit doit donc être à la fois connu et prévisible dans ses effets même s'il n'en est pas toujours ainsi. La notion d'imprévu semble rencontrer le droit de deux manières. D'une part, il existe la norme imprévue : la norme nouvelle, la coutume en formation ou l'interprétation surprenante. Se posent alors les questions de la prévisibilité du droit, et corrélativement celle de la sécurité juridique. D'autre part, il y a le fait imprévu. La norme doit se saisir de comportements humains ou de situations de fait qui n'avaient pas été anticipés. L'appréhension du risque et de la survenance d'événements inattendus par des règles de droit préexistantes devient alors un enjeu essentiel. (shrink)

Kants Ethik ist gut begründbar, es fehlt ihr aber anscheinend an Motivationskraft. Wie soll man nach Kant dazu bewegt werden, moralisch zu sein? Seine ethischen Schriften problematisieren, was die Anthropologie zu lösen versucht: Motivation zum moralischen Handeln. Diese "Lösung" steht in einer Tradition europäischer Moralistik, in der es darum geht, Moral anthropologisch zu reflektieren. Sie beschreiben einen Handlungsraum, in dem Regeln der Klugheit, Manieren und Höflichkeit und ein Konzept des "moralischen Scheins" das selbstbestimmte Individuum leiten. Die Aufgabe des vorliegenden Buches (...) ist es, Kant systematisch, also nicht allein historisch, durch die Leitfrage nach Motivation und Begründung in den Horizont moralistischer Ethik einzufügen. Die theoretische Verortung von Kants Moralsystem und seine Einordnung in die "historische Semantik" von Moral und Anthropologie nimmt Maß an Niklas Luhmanns Ansätzen zu diesem Thema.. (shrink)