PREFACE Ubi bene, ibi patria. The proverb expresses an important feature of this book. 'Being somewhere' necessarily implies an orientation towards ...

The question of the philosophical basis of medical science and medical practice is considered under three closely related themes: (i) the doctor-patient relationship, (ii) the structure of the medical-ethical discourse, and (iii) the problem of philosophical founding in relation to medical conduct. The doctor-patient relationship is regarded as a transformational relation. Acceptance of the illness of the patient, the construction of a complaint as a necessary condition — and not a description of an existing reality — as well as the (...) establishment of a common interest are determinants of that relation. They are related to the dominant form of science and thought in medicine, namely application. This is typical for the Standard Medical-Ethical Discussion (SMED), its scope and its rationality. The third issue leads to the thesis that this particular rationality is not a sufficient ground for considering the medical discourse to be founded in philosophy. (shrink)

The Roberta Kevelson Seminar on Law and Semiotics is integrated in the regular program of a US Law School and student enrollment is honored with credit points. Hitherto, the study of Legal Semiotics has mainly been located outside the Law Schools in the US and the Faculties of Law in the EU. Two important questions within the more general theme of Legal Semiotics and Legal Education arose: (1) the program requirements in an education context, and (2) the attention and interests (...) of the students. This IJSL issue offers essays presented during the Round Table which closed the Seminar, provides some experience-based suggestions for a Seminar program and discusses how to deal with the pragmatic attitude of law students. It interests how those topics relate to legal and semiotic literature and how they focus globally important viewpoints, as can be concluded in the example of the legal semiotics of family structures. (shrink)

Can the law benefit from an evolutionary perspective? This little book shows how the idea of survival of the fittest can help explain legal development and the rise and fall of legal institutions. The reader is invited to join in on a journey of discovery in which the world of Darwin is connected to the topics of legal change, convergence of law, legal complexity, law in hip-hop music and the adoption of the price-payment rule. Exploring these five themes from an (...) evolutionary angle indisputably upsets our traditional view of the law, but it does fit the author's view of academia as a place for cross-disciplinary research steered by curiosity. (shrink)

Peirce shows how he presupposes that a ‘most general science of semeiotic’ is entirely a matter of culture. Semiotics unfolds even beyond the debate on specific differences between nature and culture. The expression ‘semiotics of culture’ entails all components of a true pleonasm. Pierce finds his parallel in the philosophy of Hegel and both philosophers consider the close ties between expressiveness and consciousness as a specifically human, cultural and spiritual activity. That viewpoint leads not only to linguistic but also to (...) other expressive phenomena, among which the body. Faces are perhaps the most outstanding bodily carriers of expression, so that Peirce’s analyses of Thirdness relate to the human face, not as a natural but as a cultural datum, in particular an artifice. A face-to-face relationship is embedded in a regulative discourse rather than an ethical appeal or other metaphysical dimensions. Three cases show various degrees of artificiality with different semiotic implications: Tilda Swinton’s appearance at the recent 2008 Oscar ceremony, the body art of Orlan and the first 2005 facial transplant of Isabelle Dinoire. The three do not only show how the human face is an artifice, but also how realities can appear to be fictitious within patterns of semiotic nature. Any sign can be a correlative to a fictitious world! (shrink)

This book examines the concept of meaning and our general understanding of reality in a legal and philosophical context. Starting from the premise that meaning is a matter of linguistic and other forms of articulation, it considers the inherent philosophical consequences. Part I presents Klages', Derrida's, Von Hofmannsthal's and Wittgenstein's explorations of silence as a source of articulation and meaning. Debates about 20th century psychologism gave the attitude concept a pivotal role; it illustrates the importance of the discovery that a (...) word is globally qualified as 'the basic unit of language'. This is mirrored in the fact that we understand reality as a matter of particles and thus interpret the real as a component of an all-embracing 'particle story'. Each chapter of the book focuses on an aspect of legal semiotics related to the chapter's theme: for instance on the meaning of a Judge's 'Saying for Law', on law students training in varying attitudes or on the ties between law and language. Part II of the book illustrates our general understanding of reality as a matter of particles and partitioning, and examines texts that prove that particle thinking is basic for our meaning concept. It shows that physics, quantum theory, holism, and modern brain research focusing on human linguistic capabilities, confirm their ties to the particle story. In contrast, the book concludes that partitions and particles are neither a fact in the history of the cosmos nor a determinant of knowledge and the sciences, and that meaning is a process: a constellation rather than a fixation. This is manifest once one understands meaning as the result of continuously changing attitudes, which create our narratives on cosmos and creation. The book proposes a new key for meaning: a linguistic occurrence anchored in dimensions of human narrativity. (shrink)

This article examines the political perspective of corporate social responsibility from the standpoint of normative Islam. We argue that large firms within Muslim majority countries have the moral obligation to assist governments in addressing challenges related to sustainable socioeconomic development and in advancing human rights. In substantiating our argument, we draw upon the Islamic business ethics, stakeholder theory, and corporate governance literatures, as well as the concepts of Maqasid al Shariah (the objectives of Islamic law) and fard al ‘ayn (obligation (...) upon all individuals within society) versus fard al kifayah (obligation upon some individuals within society) to introduce a normative model elucidating critical Islamic precepts. Finally, we propose an Islamic “political” corporate governance framework, which democratizes firm decision making by embedding “core” stakeholders, nongovernmental organizations (NGOs), and Shariah scholars in the corporate board, thereby enhancing the ability of businesses to respond to stakeholder concerns and priorities, while mitigating interstakeholder and intraboard power asymmetries. (shrink)

The paper consists of two parts, outlined in the title.I. In the historical science time appears as an element of the historian’s workshop. The historian collects source information, evaluates them and assigns respective dates. Only on the ground of thus “processed” sources may he reproduce the past: events and longer development processes, setting them in time. This dated time is understood colloquially as something objective, which runs one way and may be measured.II. A historian who studies the past reality depends (...) on the extent to which those sources are preserved. As a result of their interpretation, with the use of increasingly excellent research methods, he reproduces that reality. He must carry out an ongoing selection of historical facts found. This exposes him to temptations of such selection of those facts so as to adjust the historical knowledge to serve well the national interests, his own political opinions, etc. In this way the historian exerts influence on social awareness, which may consists of various myths and stereotypes, which sometimes lead to negative social behaviors: aggression, chauvinism, etc. Therefore, for researcher honesty’s sake and in the sense of moral responsibility, he must be careful to be as impartial as possible in his work. (shrink)

The point of departure for this essay is a fourfold classification emerging from the European debate on the religious and ethical significance of the so-called Islamic headscarf, also known as hijab. Plurality promises a positive engagement in mapping multiculturalism toward intercultural dialogue and understanding. With a paradigm of an emergent intercultural ethics, the public leadership assumed by women in this debate testifies to the creativity by which imposed patterns of behavior are turned into strategies of resistance and liberation.

Name der Zeitschrift: Semiotica Jahrgang: 2017 Heft: 216 Seiten: 19-40.

New computer systems of discovery create a research program for logic and philosophy of science. These systems consist of inference rules and control knowledge that guide the discovery process. Their paths of discovery are influenced by the available data and the discovery steps coincide with the justification of results. The discovery process can be described in terms of fundamental concepts of artificial intelligence such as heuristic search, and can also be interpreted in terms of logic. The traditional distinction that places (...) studies of scientific discovery outside the philosophy of science, in psychology, sociology, or history, is no longer valid in view of the existence of computer systems of discovery. It becomes both reasonable and attractive to study the schemes of discovery in the same way as the criteria of justification were studied: empirically as facts, and logically as norms. (shrink)

Is the European Union a new Walden? Although a contrast in form and format, the Union is surprisingly close to the latter's underlying philosophy. One can read this proximity in the Treaties or the many facets of the European idea which mirrors in the Union's emerging legal system. Today there is no longer a Union of a limited number of Nation States desiring to end divisions among themselves, to acquire mutual respect and prosperity or a higher standard of living and (...) working conditions for its members. European citizenship shows a global orientation and is in continuous competition with the discourse of a globalizing economy and its Internet democracy. Analyses of concepts such as political geography, global, (supra)national and regional citizenship, democracy, learning society, native tongue and market lead to the insight that the Union's legal system wishes to ensure its citizens a legally engendered, formatted and protected global position for action. Walden's philosophy has a new face. (shrink)

This engaging book examines the origins and first effects of the concept ‘legal semiotics’, focusing on the inventor of the term, Roberta Kevelson. It highlights the importance of her ideas and works which have contributed to legal theory, legal interpretation and philosophy of language. Kevelson’s work is particularly relevant today, in our world of global electronic communication networks which rely so much on language, signs, signals and shortcuts. Kevelson could not have foreseen the 21st century, yet the story of her (...) work and influence deserves more attention as it is key to our understanding of modern legal discourse and why law fascinates and is accepted in modern society. The authors draw on Kevelson’s hitherto unknown Office Papers and Notes, and a biographical examination points to key influences in her work such as the early feminist movements of the US East Coast, the philosophy of Charles Sanders Peirce and the semiotics of Thomas Sebeok. This forms the basis for a more encompassing research of Kevelson’s position, work and philosophical background, which the authors call for. A quick and enlightening read, this book interests a wide range of readers with an interest in legal history and the fields which Kevelson both drew on and influenced, including lawyers, students and scholars. (shrink)

This study investigates potential differences in attitudes towards corporate social responsibility between Saudis and Muslims from other predominately Islamic countries. We propose that Saudi Arabia’s unique rentier-state welfare and higher education systems account for these distinctions. In evaluating our propositions, we replicate Brammer et al. :229–243, 2007) survey on attitudes towards CSR using a sample of Saudi undergraduate and graduate business students and compare the results against data from subjects in other majority Muslim countries. In addition, this work examines possible (...) differences within the Saudi sample with respect to sex and academic level. Our results indicate that our Saudi subjects maintain higher expectations for corporations’ social responsibility within their supply chain than the Brammer et al.’s sample. In contrast, Muslims in the Brammer et al.’s sample hold higher expectations for corporations in supporting societal development and poverty alleviation in comparison to the Saudi sample. We also find within the Saudi sample that females and subjects at higher academic levels are more inclined to hold corporations responsible for social issues related to CSR than males and subjects in lower academic levels. We examine these findings, explore their implications, and propose areas for future research. (shrink)

The close ties between law and psychiatric illness challenge our effort to understand the complex semantics of Western culture and the foundations of law in the heart of that culture. It is, however, difficult to be immediately confronted with the limitations of these semantics. Can one ever achieve a refined precision of psychiatric issues? Lawyers and psychiatrists tend to disregard the fact that people live within different realms of expressiveness, even where the same phenomena seem apparent. They neutralize all relativity (...) and design a quasi-universal body of legal doctrines or construct an all-embracing medical nosology. The question remains what practices of judgment are justifiable when the history books demonstrate the ever-changing character of the idea of a common good and a well-ordered life. Notions of relativity accompany decisions to punish or to cure, to exclude or to include, to disregard or to consider. In these decisions, there are never supracultural notions at hand and only rarely ideas that reach beyond the boundaries of either profession's own discourse. (shrink)

Scholars have long noticed a similarity of motifs between Catullus’ Carmen 63 and the fifth book of the Odyssey, where the story of Odysseus’ captivity on Ogygia is narrated. A detailed analysis of the poems shows that Catullus wanted the reader to see in this Homeric episode a kind of matrix for the interpretation of Attis’ sojourn at Cybele. The discovery of this dependence casts a light on some of the hitherto proposed interpretations of Carmen 63.