In 2021, a second updated edition of Eschig’s and Pircher-Eschig’s translation of the Austrian Civil Code (ABGB) (Allgemeines bürgerliches Gesetzbuch für die gesammten deutschen Erbländer der Oesterreichischen Monarchie (ABGB 1811). (as amended), 2023) was released. This edition holds particular relevance due to its potential applicability across a spectrum of players operating at the intersection of language and (civil) law, including legal professionals, the hospitality industry, and mediators. We find that this comprehensive translation may not only serve as a valuable resource (...) for (legal) practice but also holds significance for research in diverse fields, including (applied) legal linguistics, lexicography, translation studies, and comparative law. Moreover, this translation alleviates the challenges faced by practitioners inside and outside of law when dealing with legal concepts and lexis, along with their interdependencies in continental civil law discourse. We suggest that the work is particularly useful for legal departments of international companies, but also for hotel chains and/or mediation offices, seeking insights into the specifics of the Austrian legal-linguistic landscape. While computer-assisted translation and machine translation cannot be denied their utility, they should not be seen as capable of entirely replacing human expertise. Indeed, machine translations may not be able to capture the subtle multi-faceted interplay of emerging legal, linguistic, and/or cultural contexts when dealing with the legal concepts and interrelated terminology of the ABGB. In conclusion, we acknowledge the significance of high-quality legal translations, as the one under review, that have been thoroughly reviewed by human experts, thus contributing to saving time and resources. (shrink)

In 2017, Barth and Barber released the third edition of their textbook “Hospitality Law: Managing Legal Issues in the Hospitality Industry.” This review focuses on the scope and depth of the legal areas it covers. It examines whether the book strikes the right balance between practicality, feasibility, and conventions within the hotel industry. The authors aim to provide guidance to hospitality students and hospitality managers in developing legal literacy for their professional lives. The review finds that Barth and Barber have (...) successfully compiled a comprehensive and relevant compilation of legal issues within the hospitality industry. They support and illustrate their explanations with authentic case law and relevant examples, demonstrating the practicality of the work. While there may be some criticism regarding the depth of legal argumentation, it should be pointed out that this criticism should be viewed in light of the book's intended purpose. The primary goal was not to create an exhaustive analysis of the multi-faceted nuances in legal discourse within hospitality law. Instead, it aimed to sensitise and assist hospitality students and professional hospitality managers in the United States with their everyday decision-making processes. We suggest that the textbook could further benefit from integrating recent insights from applied (legal) linguistics and legal semiotics. It is concluded that the book remains a valuable resource for teaching hospitality law to non-legal professionals but also for researchers interested in the intersection of language and law in the hospitality industry. (shrink)

"C.E. Emmer’s article addresses the ongoing debates over how to classify and understand kitsch, from the inception of postmodern culture onwards. It is suggested that the lack of clear distinction between fine art and popular culture generates 'approaches to kitsch – what we might call 'deflationary' approaches – that conspire to create the impression that, ultimately, either 'kitsch' should be abandoned as a concept altogether, or we should simply abandon ourselves to enjoying kitschy objects as kitsch.' The author offers critical (...) insight into 'kitschy' items made in response to 9/11 and tries to examine the reception of these products through scrutinizing a selection of remarks posted by the Internet commentators." Editor Justyna Stępień's summary from her introduction to Redefining Kitsch and Camp in Literature and Culture (Newcastle upon Tyne: Cambridge Scholars Publishing, 2014), p. 2. The final pages of the chapter analyze the seemingly sweet landscape paintings of Thomas Kinkade to show the spirit of revenge their Christian coding can conceal. (shrink)

The leading idea of this chapter is that, for Descartes, intellectual ideas make it obvious what metaphysical category the properties they disclose to the mind fall into but not whether they are actually exemplified; sensations make it obvious whether the properties they disclose to the mind are exemplified but not what their metaphysical category is. This idea is worked out through a discussion of three stages in the development of Descartes's doctrine of the material falsity of sensory ideas, the core (...) concept of his error explanation of the senses. Material falsity is a set of three defects that sensations have in comparison with intellectual ideas, ideas that fully discharge the role, which Descartes assigns to ideas in his philosophical system. The first stage, reflected in Meditation III, identifies material falsity with two defects: nonrepresentation and misrepresentation ; the second stage, reflected in the Reply to Arnauld, identifies material falsity with obscure ideas ; the third stage, reflected in the Principles of Philosophy I, sees the terminology of material falsity disappear and the terminology of clear but not distinct ideas appear. Other topics discussed include a special application of the rule of truth and skepticism. (shrink)

This paper pushes back against the Democritean-Newtonian tradition of assuming a strict conceptual dichotomy between spacetime and matter. Our approach proceeds via the more narrow distinction between modified gravity/spacetime and dark matter. A prequel paper argued that the novel field Φ postulated by Berezhiani and Khoury's 'superfluid dark matter theory' is as much matter as anything could possibly be, but also below the critical temperature for superfluidity as much spacetime as anything could possibly be. Here we introduce and critically evaluate (...) three groups of interpretations that one should consider for such Janus-faced theories. The consubstantiality interpretation holds that Φ is both matter and a modification of spacetime, analogously to the sense in which Jesus is both human and god. The fundamendalist interpretations consider for each of these roles whether they are instantiated fundamentally or emergently. The breakdown interpretations focus on the question of whether Φ signals the breakdown, in some sense to be specified, of the MG-DM dichotomy and perhaps even the broader spacetime–matter distinction. More generally, it is argued that hybrid theories urge a move towards a single space of theories, rather than two separate spaces of spacetime theories and matter theories, respectively. (shrink)

A careful explication de texte which too rarely rises to a macroscopic view of Browne's works. Mrs. Bennett treats Browne less as a master of Baroque style than as a far-ranging, experimental thinker, a Janus who looked back on the medieval world and ahead to the modern one. He took witchcraft seriously but was skeptical of contemporary proofs of it; believed in a Ptolemaic universe but was open to the possible truth of Copernican conceptions; and speculated freely within a framework (...) of Christian belief. Browne emerges as more than a literary curiosity, although his thought seems less than striking when it is shorn of its stylistic glories.--C. B. (shrink)

This essay results from a common interest in the history of emotions shared by an academic with appointments in philosophy and psychiatry (Charland) and a literary historian (White). Where our interests converge is in the early modern concept of 'the passions,' as explanatory of what we now call mental illness. The task we have set ourselves is to see how this might: (a) be exemplified in a 'case study' of the dramatic revelation of Leontes's jealousy in the first half of (...) William Shakespeare's The Winter's Tale, and his 'cure' which takes sixteen years. Both events have troubled literary critics as implausible, lacking in realistic motivation, and clumsy as narrative devices, but can be explained in terms of theories of the passions ; and (b) open up a greater, modern understanding of irrational, pathological states, their onset and termination, by using as an explanatory model the early modern understanding of passions as revived and refined in the nineteenth century by Théodule Ribot. Janus-like, this chapter faces into the past and the future (our present) via a play written in 1610 that is still performed to receptive audiences today. We hope to show that the theory can illuminate a playtext, and that the play can revivify the theory, and to contend that historical analysis can shed light on modern clinical problems. The particular historical distinction which lies at the heart of our approach derives from early modern terminology offered by Thomas Wright in his book, The Passions of the Minde in Generall (first published in 1601; corrected, enlarged and augmented in 1604), and presented in more modern fashion in the nineteenth century by Théodule Ribot, in his La Psycholgie des sentiments * We dedicate this essay to Philippa Maddern, whose inspiration has generated so much inter-disciplinary research in the history of emotions and has brought so many like-minded scholars into fertile contact—in our cases, linking Western Ontario and Western Australia. (shrink)

Abstract:The straightforward normative importance of emergencies suggests that empirically engaged political theorists and philosophers should study them. Indeed, many have done so. In this essay, however, I argue that scholars interested in the political and/or moral dimensions of large-scale emergencies should shift their focus from emergencies to emergency claims. Building on Michael Saward’s model of a “representative claim,” I develop an account of an emergency claim as a claim that a particular (kind of) situation is an emergency, made by particular (...) actors against particular background conditions to particular audiences, which in turn accept, ignore, or reject that claim. Emergency politics, in turn, consists of many different actors making and not making, accepting, and rejecting, a wide range of overlapping and competing emergency claims. I argue that scholars should shift their focus to emergency claims because doing so helps us see the fraught implications of emergency politics for marginalized groups. I examine three such implications: emergency claims are often “Janus-faced,” meaning that they function simultaneously as “weapons of the weak” and weapons of the strong; they are often regressive, including by discriminating against victims of chronic bad situations, and they often perpetuate and exacerbate existing social hierarchies. Noticing these troubling features of emergency politics raises a question that I do not address here: What might plausible alternatives to emergency politics look like? (shrink)

Comparative biology is afield that deals with morphology. Johann Wolfgang von Goethe recognised comparative biology, not as a passive science obsessed with counting similarities as it is today, but as an active field wherein he sought to perceive the inter-relationships of individual organisms to the organic whole, which he termed the archetype. I submit that Goethe's archetype and his application of a technique termed the Anschauung are rigorous and significant ways to conduct delicate empiricism in comparative biology. The future of (...) comparative biology lies in the use of the Anschauung to communicate the archetype as a set of inter-relationships of homologues that we perceive intuitively. In this essay I present how the extension of our own intuitive perception forms the foundations of a method for seeing and discovering the archetype in comparative biology. (shrink)

A common feature of much recent work done in a variety of disciplines is the foregrounding of embodiment. Thinking in terms of a situated body however, brings up a complex problem which has often been overlooked: the re-importation of a kind of metaphysics of the body or a covert idealism, which stubbornly persists in many such discussions. This is seen in treatments ofthe body as a mediation or as a site for inscription of socio-cultural codings. We will briefly show how (...) even such an influential account ofritualization practices, that of Catherine Bell, shows traces of these problems. The corrective strategy to such conceptions is a properly situational ontology as suggested by Merleau-Ponty's later philosophy and Tim Ingolds critical work on environments. (shrink)

I argue here that Goethe's "delicate empiricism" is not an alternative approach to science, but an approach that scientists use consistently, though they usually do not label it as such. I further contend that Goethe's views are relevant to today's science, specifically to work on the structure of macromolecules such as proteins. Using the work of Agnes Arber, a botanist and philosopher of science, I will show how her writings help to relate Goethe's work to present-day issues of cognition and (...) perception. (shrink)

This paper explores the 'delicate empiricism' proposed by Johann Wolfgang von Goethe. Goethe's scientific work provided an alternative epistemology to that of conventional science. The author discusses the Goethean way of knowing. Particular emphasis is given to the changed understanding of process, form and participation that results from employing the epistemology expressed by Goethe. A methodology for Goethean science is introduced and its applications and their implications are explored. Goethe's "zarte Empirie" — his delicate empiricism - legitimises and organizes the (...) role of imagination, intuition and inspiration in science. It may contribute significantly to the emerging participatory and holistic worldview, and to providing knowledge that is in tune with nature. This paper explores how and why. (shrink)

Narcissism is considered a generally undesirable trait in the workplace, but is this the whole story? In grandiose narcissism, two dimensions (narcissistic rivalry and narcissistic admiration) are recognized corresponding to self-protecting and self-enhancing regulatory processes separately. Applying the self-regulation theory and the conservation of resources theory, we investigated the distinct outcomes and influencing mechanisms of the two dimensions in an organizational context using multilevel structural equation modeling. Whereas previous literature has found narcissism to be mainly related to negative outcomes in (...) the workplace, our dimensional framework indicates that grandiose narcissism may have a Janus face—i.e., a dark side of unethical behaviors and a light side of prosocial behaviors. From a sample of 646 frontline employees in a Chinese call center, we found that while employee narcissistic rivalry was positively related to customer-directed sabotage through the mediation of emotional exhaustion, narcissistic admiration was positively related to organizational citizenship behavior toward customers (OCB-C) through the mediation of self-perceived status. In addition to the internal self-regulation of these two narcissism dimensions, political skill provides an external self-regulation that moderates the mediating effect of self-perceived status at the first stage—that is, the positive relationship between narcissistic admiration and self-perceived status is stronger when political skill is high rather than low. Our post hoc analyses further reveal that narcissistic rivalry is negatively related to OCB-C through the mediation of self-perceived status. Theoretical contributions and practical implications are discussed. (shrink)

The Cambridge Companion to the Hebrew Bible and Ethics offers an engaging and informative response to a wide range of ethical issues. Drawing connections between ancient and contemporary ethical problems, the essays address a variety of topics, including student loan debt, criminal justice reform, ethnicity and inclusion, family systems, and military violence. The volume emphasizes the contextual nature of ethical reflection, stressing the importance of historical knowledge and understanding in illuminating the concerns, the logic, and the intentions of the biblical (...) texts. Twenty essays, all specially commissioned for this volume, address the texts' historical and literary contexts and identify key social, political, and cultural factors affecting their ethical ideas. They also explore how these texts can contribute to contemporary ethical discussions. The Cambridge Companion to the Hebrew Bible and Ethics is suitable for use in undergraduate and graduate courses in liberal arts colleges and universities, as well as seminaries. (shrink)

In this interview, C. P. Goodman invites British Polanyi scholar Richard T. Allen to reflect on his interest in Polanyi’s philosophical ideas and share what he believes is valuable in his thought.

Constantius, as though the Temple of Janus had been closed and all enemies had been laid low, was longing to visit Rome and, following the death of Magnentius, to hold a triumph, without a victory title and after shedding Roman blood. For he did not himself defeat any belligerent nation or learn that any had been defeated through the courage of his commanders, nor did he add anything to the empire, and in dangerous circumstances he was never seen to lead (...) from the front, nor even to be among the front ranks. But he wanted to display an exaggeratedly long procession, standards stiff with gold and the beauty of his attendants, to a population who were living more peacefully, neither anticipating nor wishing to see this or anything like it. For perhaps he was unaware that some earlier emperors had been content with lictors in peacetime, but when the heat of battle could not allow inactivity, one of them had entrusted himself to a small fishing boat, blasted by raging gales, another had followed the example of the Decii and offered up his life in a vow for the state, and another had himself explored the enemy camp alongside the regular soldiers; that, in short, various of them had won renown for magnificent deeds, and so committed their glories to the distinguished memory of posterity. …When he was approaching the city, observing with a serene expression the respectful attendance of the Senate, and the venerable likenesses of the patrician families, he thought, not like Cineas, the legate of Pyrrhus, that a multitude of kings had been assembled together, but rather that this was the refuge of the whole world [cumque urbi propinquaret, senatus officia, reuerendasque patriciae stirpis effigies, ore sereno contemplans, non ut Cineas ille Pyrrhi legatus, in unum coactam multitudinem regum, sed asylum mundi totius adesse existimabat]. Next, when he turned his gaze to the general populace, he was astonished at the speed with which every type of men from everywhere had flowed into Rome. As though he were trying to terrify the Euphrates or the Rhine with the sight of arms, with the standards in front of him on each side, he sat alone in a golden chariot, glittering with the shimmer of many different precious stones, whose flashes seemed to produce a flickering light. After many others had preceded him, he was surrounded by dragons, woven from purple cloth and affixed to the golden, bejewelled tips of spears, open to the wind with their broad mouths and so hissing as though roused with anger, trailing the coils of their tails in the wind [eumque post antegressos multiplices alios, purpureis subtegminibus texti, circumdedere dracones, hastarum aureis gemmatisque summitatibus illigati, hiatu uasto perflabiles, et ideo uelut ira perciti sibilantes, caudarumque uolumina relinquentes in uentum]. Then there came a twin column of armed men, with shields and plumed helmets, shining with glittering light, clothed in gleaming cuirasses, with armoured horsemen, whom they call clibanarii, arranged among them, masked and protected by breastplates, encircled with iron bands, so that you might have thought them to be statues finished by the hand of Praxiteles, not men [sparsique catafracti equites, quos clibanarios dictitant, personati thoracum muniti tegminibus, et limbis ferreis cincti, ut Praxitelis manu polita crederes simulacra, non uiros]. Slender rings of metal plates, fitted to the curves of the body, clothed them, spread across all their limbs, so that, in whatever direction necessity moved their joints, their clothing moved likewise, since the joins had been made to fit so well.When he was hailed as Augustus with favourable cries, [Constantius] did not shudder at the din that thundered from hills and shores, but showed himself unmoved, as he appeared in his provinces. For, when passing through high gates, he stooped his short body, and, keeping his gaze straight, as though his neck were fixed, he turned his head neither right nor left, as though an image of a man, and he was never seen to nod when the wheel shook, or to spit or wipe or rub his face or nose, or to move his hand [nam et corpus perhumile curuabat portas ingrediens celsas, et uelut collo munito, rectam aciem luminum tendens, nec dextra uultum nec laeua flectebat, tamquam figmentum hominis, nec, cum rota concuteret, nutans, nec spuens, aut os aut nasum tergens uel fricans, manumue agitans uisus est umquam]. Although this behaviour was an affectation, it, and other aspects of his more private life, were however indications of extraordinary endurance, granted to him alone, as it was given to be supposed. This passage, which describes the aduentus of Constantius II into Rome in 357, is one of the best-known episodes in the Res Gestae of Ammianus Marcellinus. This historical work was completed by the retired military officer in around 390, with the surviving books covering the period from 353 to the aftermath of the Battle of Adrianople in 378. Unsurprisingly, this passage is also one of the most debated. Throughout his work, Ammianus regularly criticized Constantius as a weak, vicious ruler, influenced by women and, in particular, eunuchs, and so contrasted him with his cousin and successor Julian, the emperor who receives the most favourable treatment within this text. The degree and nature of criticism within this particular passage has, however, been the subject of a variety of wildly differing interpretations. It is clear that, at the outset, Ammianus is inveighing against the notion of holding a triumph for victory in a civil war, but there has been debate over whether Constantius was actually celebrating a triumph or merely the anniversary of his accession. Similarly, the description of the Senate as ‘the refuge of the whole world’ has been read in contrasting ways, being regarded as derogatory by Johannes Straub, as neutral, or even positive, by Pierre Dufraigne, and as respectful by R.C. Blockley. While this passage as a whole is generally read as an attack on Constantius for his pretentions to ill-deserved military glory, it also raises the question of whether Ammianus was also criticizing Constantius for the way in which he performed his aduentus, emphasizing his pompous and autocratic behaviour in order to contrast him with Julian, who preferred to behave more like a ciuilis princeps in public. Of course, such a reading almost inevitably produces a portrait of Ammianus as an impractically nostalgic figure, harking back to a style of rule which was anachronistic in the post-Diocletianic Later Roman Empire. In addition, Ammianus also presented Julian as performing an aduentus into Constantinople in 361, employing some phrases that were similar to those used to describe Constantius’ procession in 357. Furthermore, as John Matthews has illustrated, Ammianus’ presentations of the occasions when Julian eschewed late-antique imperial protocol are not without tinges of criticism, and his judgement on the propriety of different modes of imperial behaviour varied dependent on the context. (shrink)

En este trabajo sc presenta un marco general en el que desarrollar una “ontoepistemo-semántica” para las teodas científicas y sus terminos característicos. En primer lugar, se defiende la esencialidad de los aspectos ontologicos y epistemológicos para la semantica y se hacen explícitos los principios generales que constituyen dicho marco. A continuación, se aplican estos principios al análisis ontoepistemosemántico de cada uno de los tres tipos principales de términos científicos: términos relacionales y funcionales con contenido empírico, términos matemáticos puros y términos (...) para los dominios ontológicos básicos. In this paper I offer a general framework for all “ontoepistemosemantics” of scientific theories and scientific terms. First, I argue for the essential dependence of semantics on ontological and epistemological aspects and I make explicit the general principIes that make up this frame. Then, I apply these principles to the ontoepistemosmantical analysis of the three main kinds of scientific terms: relational and functional term with empirical content, purely mathematical terms and terms for basic ontological domains. (shrink)

Chalmers' (2018) meta-problem of consciousness emphasizes unexpected common ground between otherwise incompatible positions. We argue that the materialist should welcome discussion of the meta-problem. We suggest that the core of the metaproblem is the seeming arbitrariness of subjective experience. This has an unexpected resolution when one moves to an interventionist account of scientific explanation: the same interventions that resolve the hard problem should also resolve the meta-problem.

Any theory of information needs to comply with what we call the implementation, formalization, and representation constraints. These constraints are justified by basic considerations concerning scientific modelling and methodology. In the first part of this paper, we argue that the implementation and formalization constraints cannot be satisfied because the relation between Shannon information and IIT must be clarified. In the second part of the paper, we focus on the representation constraint. We argue that IIT cannot succeed in satisfying this constraint (...) for semantic contents without offering models for concepts, conceptual roles, and context sensitivity. In the final part of the paper, further complications are raised with respect to the distinction between consciousness and attention, which apply more specifically to the representation constraint. We conclude with some recommendations as to how IIT may succeed in solving these problems, highlighting the advantages and enormous potential of IIT as a scientific theory. (shrink)

The basis of Muslim philosophy and science is the instruction embedded in the Quran. At an early date this tradition was enlarged and strengthened by the infiltration into Muslim culture of Greek philosophy and science through the translation of Greek classics by Muslims. The Indian tradition of thought also made its contribution. This book traces the development and interaction of these strands in Muslim thinking. The author is concerned to show both how philosophy and science are related to specifically religious (...) thought, and how they have made distinctive contributions to method and discovery. (shrink)

This PhD responds to a two fold problem with the philosophy of design and the practice of design. The philosophical problem is stated as the discrepancy between a dominant philosophical framework that orders the world according to eternal essences and the actual conditions of the world in which we exist: the conditions of becoming and of flux. Commencing with a critique of the western metaphysical tradition of statics this research project proposes that we need to find a way of describing (...) an evolutionary model of practice, and by so doing to provide a revitalised narration of process. Consequently, the PhD explores the meanings of process through a critical examination of an ensemble of projects created by the author. Within this framework, a number of questions are posed in order to explore the proposition of a process practice. These questions are: What is process? How does one think process? Indeed, how do we get to grasp change? What are the consequences of process thinking on the practices of design, their fields of operation, and their productions? And, how can the thematising of process contribute to the design of the constructed environment, as well as reconfigure the practices of design? This thematising of process is argued to involve a necessary address to the constitutive and interrelated characteristics of process: space/time, movement, change, form and matter. Such an address is also seen to problematise the status of the object, the paradigms of representation, the modes of creation, the economies of exchange, and the structures of community, and to offer a modality of practice which would re-imagine the forms of social exchange to offer an ethical alternative to the tyranny of supply and demand, and thereby reconfigure the potential for dwelling. Making an overview of the discourses and practices engaging with theories of becoming, this thesis argues that almost all of these re-inscribe statics and that consequently the practice of design seems to drag behind our understanding of the world. Through a meditation on dis/appearance, in which the dynamics of being and becoming and the restless ambiguity of the gap are examined, the work establishes a process vocabulary, and makes clear through a material practice, the domains of process thinking, its inclinations, and the kinds of operations and procedures that flourish there. Foregrounding the fertile character of process practice, the PhD then proceeds to introduce notions of the movement-form, the duration-form, the transformational-form, the geometry of encounter, and to argue for physical form as an in-movement poise. Advocating new modes of approach and of attentiveness, and demonstrating new generative methods, this PhD argues that process thinking is not simply an operational stance, but an ethical position that identifies a field of care, and that consequently the design practices be expanded by taking seriously the relationship between process thinking and place making. Thus, this thesis concludes by advocating a mode of place making which, rather than reproduce planned environments as systems of control, configures place as the discursive contested place of encounter and exchange. (shrink)