In this study international legal experts explore legal concepts and contexts from diverse national and disciplinary perspectives. Themes range from legal and normative pluralism to the development of state law and legal systems, and from law's rhetoric and the potential utility of alternative vocabularies to the polyjurality of the present. The study combines theoretical analyses and case studies to create a rich picture of present scholarship on laws and norms and the state of contemporary legal complexity, each crossing traditional boundaries.

Vorrede, von T. Pinkus.--Sein und Bewusstsein, von G. Lukács und H.H.Holz.--Gesellschaft und Individuum, von G. Lukács und L. Kofler.--Grundlegendes zu einer wissenschaftlichen Politik, von G. Lukács und W. Abendroth.--Vorläufige Bilanz, von G. Lukács, W. Abendroth und H. H. Holz.--Bibliographie (p. 125-[128]).

1. Művészet és társadalom; válogatott esztétikai tanulmányok.--2. Világirodalom; válogatott világirodalom tanulmányok 2 v.

Using the technique of prepared questions, Conversations with Lukacs is a brilliant gathering of thoughts and insights covering topics as ontology, the techniques of manipulative societies, the pitfalls of combating Stalinism with Stalinist methods, and the problems of intellectuals in advanced capitalist societies. Above all, there is the restatement of Lukacs unshaken conviction that the working class, with all the changes that have occurred in its way of life and composition, is still the historical carrier of social transformation. Lukacs's interlocutors (...) in these four conversations are Hans Heinz Holz, Leo Kofler, and Wolfgang Abendroth. Each of them engages Lukacs in separate dialogues, on being and consciousness (Holz), on society and the individual (Kofler), and on the elements of scientific politics (Abendroth). Lukacs, Abendroth, and Holz work toward a "Provisional Summary" in the last conversation. The interlocutors and the editor write that "These conversations show very clearly the basis of abstraction in the experiences of everyday life.... This gives these conversations with Lukacs a more than anecdotal value; for the unmediated way in which thought is produced in conversation corresponds exactly to that primary level of experience, the data of everyday reality, whose theoretical value Lukacs emphasizes.... They aspire to bear witness to the living thought of one of the great men of our century, and to provide the opportunity to approach this thought by the simplest possible route.". (shrink)

Transparency accounts have become one of the main contenders for an adequate theory of self-knowledge. However, for the most part, work on transparent self-knowledge has solely focused on individual agents. In this paper, it is argued that transparency accounts have distinct advantages when we apply them beyond individual agents to social groups. It is shown that transparency accounts of self-knowledge are well-suited to apply to group agents by providing three arguments: the first argument shows that transparency accounts of group self-knowledge (...) can capture the relevant phenomenology well; the second argument suggests that transparency accounts of group self-knowledge are particularly economical. They do not need to posit any new capacities, or new properties of group mental states and therefore avoid commitment to dubious ontological features for social groups, such as distinct introspective faculties in groups. Finally, the third argument shows that transparency accounts are positioned well to explain the privilege and peculiarity of group self-knowledge. No single one of these arguments is decisive in favour of transparent group self-knowledge, but together they show that transparency accounts provide a promising route to understanding group self-knowledge. (shrink)

Sentences with disjunction in the scope of a universal quantifier, Every A is P or Q, tend to give rise to distributive inferences that each of the disjuncts holds of at least one individual in the domain of the quantifier, Some A is P & Some A is Q. These inferences are standardly derived as an entailment of the meaning of the sentence together with the scalar implicature that it is not the case that either disjunct holds of every individual (...) in the domain of the quantifier, \Every A is P &\Every A is Q. As we show, this derivation faces a challenge in that distributive inferences may obtain in the absence of plain negated inferences. We address this challenge by showing that on particular assumptions about alternatives, a derivation of distributive inferences as scalar implicatures can be maintained without in fact necessitating plain negated inferences. These assumptions accord naturally with the grammatical approach to scalar implicatures. We also present experimental data that suggest that plain negated inferences are not only unnecessary for deriving distributive inferences, but might in fact be unavailable. (shrink)

This paper investigates the connection between two recent trends in philosophy: higher-orderism and conceptual engineering. Higher-orderists use higher-order quantifiers (in particular quantifiers binding variables that occupy the syntactic positions of predicates) to express certain key metaphysical doctrines, such as the claim that there are properties. I argue that, on a natural construal, the higher-orderist approach involves an engineering project concerning, among others, the concept of existence. I distinguish between a modest construal of this project, on which it aims at engineering (...) higher-order analogues of the familiar notion of first-order existence, and an ambitious construal, on which it additionally aims at engineering a broadened notion of existence that subsumes first-order and higher-order existence. After identifying a substantial problem for the ambitious project, I investigate a possible response which is based on adopting a cumulative type theory as the background higher-order logic. While effective against the problem at hand, this strategy turns out to undermine a major reason to embrace higher-orderism in the first place, namely the idea that higher-orderism dissolves a range of otherwise intractable debates in metaphysics. Higher-orderists are therefore best advised to pursue their engineering project on the modest variant and against the background of standard type theory. (shrink)

The paper claims that the rule of recognition, given the way it is presented by Hart, cannot be a constitutive rule of any legal system as a whole, but rather a constitutive rule of legal rules as elements of a legal system. Since I take the legal system to be an institutional artifact kind, I claim that, in order to account for a legal system as a whole, at least two further constitutive rules, in addition to the rule of recognition (...) as a token-element constitutive rule, are needed – one constitutive of legal officials and the other constitutive of a legal system as a token. However, given the central role the legal officials' practice occupies in establishing a particular instantiation or token of a legal system, I also claim that the rule of recognition cannot be understood as 'merely' a token-element constitutive rule but also as a legal system's implementation or concretisation rule. (shrink)

Traditionally, the investigation of truth has been anchored in a priori reasoning. Cognitive science deviates from this tradition by adding empirical data on how people understand and use concepts. Building on psychophysics and machine learning methods, we introduce conceptual scaling, an approach to map people's understanding of abstract concepts. This approach, allows computing participant-specific conceptual maps from obtained ordinal comparison data, thereby quantifying perceived similarities among abstract concepts. Using this approach, we investigated individual's alignment with philosophical theories on truth and (...) the predictive capacity of conceptual maps. The obtained results indicated that, while people's understanding of truth is multifaceted and encapsulates notions of coherence and authenticity, alignment is best for the correspondence theory of truth. Furthermore, conceptual maps allowed predicting individual outcomes with an accuracy of roughly 70%. This research demonstrates that conceptual scaling offers accurate descriptions of individual's understanding of abstract concepts, behavioral predictions, and quantification of alignment with theoretical perspectives. (shrink)

This paper discusses the nature of, problems for, and benefits delivered by fictionalist strategies in metaphysics.

Is it fair to leave the next generation a public debt? Is it defensible to impose legal rules on them through constitutional constraints? From combating climate change to ensuring proper funding for future pensions, concerns about ethics between generations are everywhere. In this volume sixteen philosophers explore intergenerational justice. Part One examines the ways in which various theories of justice look at the matter. These include libertarian, Rawlsian, sufficientarian, contractarian, communitarian, Marxian and reciprocity-based approaches. In Part Two, the authors look (...) more specifically at issues relevant to each of these theories, such as motivation to act fairly towards future generations, the population dimension, the formation of preferences through education and how they impact on our intergenerational obligations, and whether it is fair to rely on constitutional devices. (shrink)

When does a human being cease to exist? For millennia, the answer to this question had remained largely unchanged: death had been diagnosed when heartbeat and breathing were permanently absent. Only comparatively recently, in the 1950s, rapid developments in intensive-care medicine called into question this widely accepted criterion. What had previously been deemed a permanent cessation of vital functions suddenly became reversible. -/- A new criterion of death was needed. It was suggested that the destruction of the brain could indicate (...) the death of the organism in the presence of external life support. Soon the so-called brain death became the new worldwide standard. In recent years, however, doubts about this neurological criterion have been growing. Is brain death really our death? -/- This is the question that this thesis seeks to answer. To this end, we shall connect the medical debate about the definition of death to the philosophical debate about personal identity. While we will find that the destruction of its brain does in fact not correspond to an organism’s death, we shall also ask whether the assumption that we are essentially organisms is correct. May brain death be the ceasing to exist of a different entity? -/- Substituting clinical case reports and considerations about human physiology for the use of thought experiments, the thesis takes a novel and philosophically unconventional approach to the problem of what we essentially are. We shall analyse various pathological conditions and their respective effects on the bodily and mental characteristics of our existence. We will conclude that brain death is indeed our death – but for reasons entirely different from those cited in the original justification of this criterion. (shrink)

Residence of unauthorized immigrants is a stable feature of the Global North’s liberal democracies. This article asks how liberal-democratic policymakers should respond to this phenomenon, assuming both that states have incontrovertible rights and interests to assert control over immigration and that unauthorized residence is nevertheless an entrenched fact. It argues that a set of liberal-democratic commitments gives policymakers strong reason to implement both so-called ‘firewall’ and ‘regularization’ policies, thereby protecting unauthorized immigrants’ basic needs and interests and officially incorporating many of (...) them in society. It then explains that the background imperative of immigration control creates a dilemmatic tension between these policies, as regularization is envisaged alongside the removal of the ineligible, which is in turn hindered by the implementation of firewalls. This creates a dilemma between the pursuit of two policy goals that are both underwritten by the same value commitments. Though it cannot be entirely dissolved, I argue that the best way to mitigate this dilemma is to design regularization policy in a way that leaves only a small number of unauthorized immigrants subject to removal. (shrink)

Scholars of international law have been increasingly troubled by states’ vast powers and practices of migrant exclusion. There is no doubt that much of this uneasiness is catalyzed by a keen sense of the demands of a basic liberalism at the international legal order's core. Indeed, the increased construction of border walls,1 the continuously widespread use of deportation as a migration control tool,2 and new digital bordering technologies3 have all come under scrutiny precisely because of the challenges they pose to (...) the notion of supposedly universal entitlements, both substantive and procedural, that often appear disabled or overridden when it comes to the treatment of different sorts of migrants. My goal in this contribution is not to add to such legal critiques, but rather to provide the contours of a broader normative argument to rebuke—or at least complicate—what is often called the state's “right to exclude” all or most would-be immigrants. This right is not just standardly assumed in legal and political practice—indeed, standardly viewed as the linchpin of sovereignty—but has also enjoyed sophisticated defense by liberal political theorists.4 The main goal of my argument is to suggest that anyone with basic liberal inclinations—including political theorists, lawyers, and practitioners of politics—should be able to agree that, under current circumstances, granting states a potent “right to exclude” entails deep tensions with basic moral standards of legitimate authority. This is because the deeply entrenched characteristics and historical background conditions of immigration control today tend structurally to push states to violate the appropriate moral conditions of their legitimate authority to enforce immigration restrictions.5 While moving above and beyond legal argumentation, my hope is that the argument may underscore and give further analytical expression to some of the animating concerns of contemporary legal contestations of states’ exclusive powers and practices. (shrink)

This book provides a systematic introduction to the debate on historical emissions and climate change, for students, researchers and policymakers.

The distribution of the focus particle even is constrained: if it is adjoined at surface structure to an expression that is entailed by its focus alternatives, as in even once, it must be appropriately embedded to be acceptable. This paper focuses on the context-dependent distribution of such occurrences of even in the scope of non-monotone quantifiers. We show that it is explained on the assumption that even can move at LF Syntax and semantics, 1979). The analysis is subsequently extended to (...) occurrences of negative polarity items in these environments, which mirror the abovementioned distribution of even and which invalidate standard characterizations of NPI licensing conditions in terms of downward-entailingness. The idea behind the extension is that NPIs denote weak elements that are associates of covert even. The paper concludes by discussing two comprehensive theories of NPI licensing and how our proposal relates to them. (shrink)

States cannot legitimately enforce their borders against migrants if dominant conceptions of sovereignty inform enforcement because these conceptions undermine sufficient respect for migrants’ basic human rights. Instead, such conceptions lead states to assert total control over outsiders’ potential cross-border movements to support their in-group’s self-rule. Thus, although legitimacy requires states to prioritize universal respect for basic human rights, sovereign states today generally fail to do so when it comes to border enforcement. I contend that this enforcement could only be rendered (...) legitimate if it was predicated on more desirable conceptions of sovereignty that supported the universal prioritization of basic human rights. Specifically, desirable conceptions would not establish and require absolute state sovereignty over borders as a necessary precondition for true popular self-governance. (shrink)

In this thesis I propose an account of knowledge of one’s own mental states. My goal is set on a unified transparency account of self-knowledge. It is unified, because the proposal will account for the generation of beliefs about mental states of all types, regardless of whether they are propositional, non-propositional, experiential or non-experiential. My account will thereby be applicable to knowledge of any mental state, from beliefs and desires to fears, hopes, and sensations such as pain. Moreover, it will (...) be a transparency account because it holds on to Gareth Evans’s observation that self-ascribing mental states is done by attending outwards instead of inwards. There is a sense in which we attend to the world when we find out whether we believe something, and my proposal aims to capture this intuition. The core idea I am exploring is the following: generally, when one produces a first-order mental state, one also forms a corresponding, dispositional second-order belief about that state. Both attitudes share elements of their production, which ensures reliability while retaining fallibility. For instance, when you form a belief ‘there is a red car’ by perceiving a red car, you also generate the dispositional belief ‘I believe that there is a red car,’ if everything goes right. I argue that almost all features that make self-knowledge special can be explained with this basic idea. The assumption that the production of a first-order mental state and a second-order belief about the state go hand in hand has surprising explanatory power. Moreover, there are at least no obvious reasons why the assumption should be ruled out. The upshot will be a view that we should take seriously as a contender for an explanation of self-knowledge. I will not be able to conclusively show that it is the best explanation, but I argue that it is one worth thinking about. The thesis is structured in three parts. The first part focuses on the phenomenon of self-knowledge and the transparency idea. These chapters serve as the setup for my later proposed view. Chapter 1 and 2 discuss what exactly we want to explain when we say that we aim to explain self-knowledge. I thereby provide an overview of the conceptual landscape of self-knowledge and argue that we should understand the peculiarity of self-knowledge in terms of features of belief and belief-formation. Moreover, I commit myself to the view that the peculiarity has something to do with our cognitive access to mental states and relate that to the goal of a unified account of self-knowledge. Chapter 3 discusses how we ought to understand the other qualification of my goal: a transparency account of self-knowledge. I provide an overview of transparency accounts in the literature and lay out the path to avoid common problems of transparency accounts. In the second part I propose the single process model of self-knowledge as a unified, transparency account of self-knowledge. I provide the core principles of the view and show how it explains the features of self-knowledge I aim to explain. Chapter 4 focuses on attitudes, both propositional and non-propositional. Chapter 5 expands the view to phenomenal states, such as being in pain. The third part connects the epistemological discussion of the single process model to research on cognition. Chapter 6 proposes a cognitive story of predictive processing that is compatible with the single process model. I thereby discuss the plausibility of the predictive processing idea and its empirical support. I provide a predictive processing story of self-knowledge that fits with the single process model of self-knowledge. In chapter 7 I discuss extended mental states. Clark & Chalmers propose that at least some mental states, such as beliefs, can be extended to external devices. Given that my aim is a unified account, I ought to say something about knowledge of these extended beliefs. I argue that they cannot be known by the same processes as non-extended mental states because beliefs about extended beliefs show different features than beliefs about our non-extended states that we formed by introspection. Hence, even if my view cannot account for them this is not a problem, because they are not formed by genuine introspection. Instead, we come to know extended mental states by a distinct process that we might call extended introspection. Finally, chapter 8 provides a brief conclusion of the thesis for and points out some placed that require further development. The account is promising as an explanation of self-belief and self-knowledge, but whether it is correct also depends on future research outside the scope of philosophy. (shrink)

Subverting a once widely held Quinean paradigm, there is a growing consensus among philosophers of logic that higher-order quantifiers (which bind variables in the syntactic position of predicates and sentences) are a perfectly legitimate and useful instrument in the logico-philosophical toolbox, while neither being reducible to nor fully explicable in terms of first-order quantifiers (which bind variables in singular term position). This article discusses the impact of this quantificational paradigm shift on metaphysics, focussing on theories of properties, propositions, and identity, (...) as well as on the metaphysics of modality. (shrink)

Gerechtigkeit wird oft durch Gleichheit bestimmt. Um Gleichheit herzustellen, muss verglichen werden. Durch beliebige Vergleiche aber kann jedes gerecht erscheinendes Verhältnis in Ungerechtigkeit kippen. Dieser Widerspruch muss in einer Gerechtigkeitskonzeption gelöst werden. Das Buch entwickelt in Auseinandersetzung mit Aristoteles, Rawls und Sen ein Gerechtigkeitskriterium gleicher Berücksichtigung aller in einem gemeinsamen Raum der Anwesenheit. Dabei wird der Begriff der Anwesenheit religionsphilosophisch bestimmt. An diesem Kriterium werden vier ökonomische Klassiker auf ihre wirtschaftsethischen Grundlagen überprüft (Smith, Marx, Friedman, Piketty). Auch ohne zu vergleichen, (...) lassen sich die Verteilungsprobleme wirtschaftlicher Güter und Lasten identifizieren und gerecht lösen"-- Back cover. (shrink)

"If we are to understand not only the direct impact of Marx on the development of German thought but also his sometimes extremely indirect influence, an exact knowledge of Hegel, of both his greatness and his limitation, is absolutely indispensable."- from the preface. It is well known that Hegel exerted a major influence on the development of Marx's thought. This circumstance led Lukacs, one of the chief Marxist theoreticians of this century, to embark on his exploration of Hegelian antecedents in (...) the German intellectual tradition, their concrete expression in the work of Hegel himself, and later syntheses of seemingly contradictory modes of though. Four phases of Hegel's intellectual development are examined: "Hegel's early republican phase," "the crisis in Hegel's views on society and the earliest beginnings of his dialectical method," "rationale and defense of objective idealism," and "the breach with Schelling and " The Phenomenology of Mind."" Lukacs completed this study in 1938, but because of the imminent outbreak of war, it was not published until the late 1940s. A revised German edition appeared in 1954, and it is this text that is the basis of this first English translation of the work.". (shrink)

What does it mean to disagree with people with whom you usually agree? How should political actors concerned with emancipation approach internal disagreement? In short, how should we go about critiquing not our enemies or adversaries but those with whom we share emancipatory visions? I outline the notion of comradely critique as a solution to these questions. I go through a series of examples of how and when critique should differ depending on its addressee, drawing on Jodi Dean’s figure of (...) the comrade. I develop a contrast with its neighbours the ally and the partisan, thus identifying key elements of comradely critique: good faith, equal humanity, equal standing, solidarity, collaboration, common purpose and dispelling fatalism. I then analyse Theodor W. Adorno and Herbert Marcuse’s private correspondence on the 1960s German student movement as an illustration of (imperfect) comradely critique. I conclude by identifying a crucial tension about publicness and privateness. (shrink)

Machine intelligence already helps medical staff with a number of tasks. Ethical decision-making, however, has not been handed over to computers. In this proof-of-concept study, we show how an algorithm based on Beauchamp and Childress’ prima-facie principles could be employed to advise on a range of moral dilemma situations that occur in medical institutions. We explain why we chose fuzzy cognitive maps to set up the advisory system and how we utilized machine learning to train it. We report on the (...) difficult task of operationalizing the principles of beneficence, non-maleficence and patient autonomy, and describe how we selected suitable input parameters that we extracted from a training dataset of clinical cases. The first performance results are promising, but an algorithmic approach to ethics also comes with several weaknesses and limitations. Should one really entrust the sensitive domain of clinical ethics to machine intelligence? (shrink)

This paper addresses a theory of intergenerational justice that we refer to as “needs-based sufficientarianism”. According to needs-based sufficientarianism, the present generation ought to enable future generations to meet their basic needs — for example, their needs for drinkable water, food and health care. Our aim is to explain and defend this theory in a programmatic way. First, we introduce what we regard as the most plausible variant of needs-based sufficientarianism. Then we argue that this variant is superior to several (...) alternative ways of thinking about intergenerational justice. In particular, we defend basic needs as the currency of intergenerational justice and sufficiency as its principle. Our arguments for these claims are neither fully comprehensive nor fully conclusive. Yet, we hope that they suffice to show that needs-based sufficientarianism is a major contender, with significant pro tanto advantages over other views. (shrink)

Die zentralen Fragestellungen bezüglich der wahren Beschaffenheit des Universums betreffen Folgendes: seinen Ursprung, seine Entstehung, die Existenz und Kontingenz seiner Gesetze, seine Intentionalität, Fassbarkeit, Transzendenz und die Anwendung erster Grundsätze, die diesen Phänomenen zugrunde liegen. Häufig sind die entsprechenden Untersuchungen jedoch belastet von (1) einer „semantischen Transmutation“ von Konzepten und Begriffen zwischen und innerhalb von drei allgemeinen Wissensfeldem - dem physikalischen, philosophischen und theologischen - sowie von (2) den Einschränkungen der anfänglichen Leitgedanken des Betrachters, die oft von skeptischen Annahmen geleitet (...) werden und uns hindern, die Möglichkeiten zu erforschen, die unserer ursprünglichen Einstellung widersprechen. Obwohl ich mich im Laufe meiner Untersuchung mit diesen Problemen beschäftigen werde, ist das Hauptergebnis dieser Studie ein Erklärungsvorschlag zum Phänomen des „Nichts“ und insbesondere seines Verhältnisses zum Universum oder zu Gott. Das Nichts ist eine der Hauptquellen argumentativer Abhandlungen für und gegen die Existenz und Anerkennung Gottes auf Grundlage von Argumenten bezüglich des Ursprungs unseres Universums. Der Erklärungsvorschlag soll als Anleitung zu einer Konstruktion von Gegenargumenten dienen, die vielen der Annahmen widersprechen, die einer Vielzahl an Autoren als „kosmologische“, „logische“, „ontologische“, „physikotheologische“ und ähnliche Beweissysteme für oder gegen die Existenz Gottes dienen. Hauptsächlich werden die Problemstellungen des Ursprungs und der Schöpfung unseres Universums diskutiert. Im Zuge dessen beschäftige ich mich jedoch auch mit den anderen genannten Fragen. Der Hauptfokus liegt auf der Schwierigkeit, das Phänomen des Nichts in kosmologische Auseinandersetzungen über Ursache und Ursprung des Universums einzubeziehen. Dies wird in drei Untersuchungen betrachtet. Die erste Untersuchung konzentriert sich auf die Begriffe des Seins, des Nichtseins, des Absoluten und des Nichts, da diese üblicherweise bei der Erforschung des Universums und des Wesens Gottes verwendet werden. Die Untersuchung entwickelt sich dann in Form eines dialektischen Vergleichs ausgewählter Philosophen weiter, die sich mit dem gewählten Thema befasst haben und endet in einer übergreifenden Synthese, in der ich versuche, die Zusammenhänge zu klären und den Begriff des Einzig-Absoluten für die zweite und dritte Untersuchung zu definieren. (shrink)

The correct identification of the abuse of political power during the COVID-19 crisis remains a challenge because officially declaring the pandemic allowed political representatives to exercise additional power disguisable as the maintenance of functioning social order under the principle of preserving humankind. One way to observe the abuse of power in its excess is the degree of compliance exhibited by the people who laid juridical restrictions for the purpose of combating COVID-19. The behaviour of political representatives was evidence of political (...) exceptionalism, for political representatives, as decisive authorities, were the first to disregard measures introduced without suffering negative consequences. Such abuse catalysed the collapse of trust in state communities, but has for its true result the consolidation of the class system in which the ethical value of trust is played out. In this paper, I discuss how the behaviour of state representatives demonstrates the existence of political exceptionalism based on the class system and what this means for the persistence of national trust. (shrink)

The paper presents the logical milieu of the Paradox of ravens, identified by Hempel in his Studies in the Logic of Confirmation. It deals with Hempel’s interpretations of Nicod’s criterion of confirmation as well as with its inadmissible consequences. I, subsequently, suggest an epistemological and semantic specification of empirical properties, i.e., of their identity; then I formulate a criterion of the test of properties expressed by empirical hypothesis. Finally, I propose a procedural conception of confirmation by means of the testing (...) procedure schema. The confirmation is, therefore, conceived as an attribute which can be ascribed to a hypothesis through the process of its testing. The methods of testing are central to the hypothesis’s qualifica-tion as confirmed. (shrink)