Law as Human Condition This paper concentrates on the dynamic tension between law as it is ‘made’ by legal professionals, functioning as homo faber, and law as it is experienced by citizens, functioning as homo agens. In between those two worlds, law develops as a human condition, a term borrowed from Hannah Arendt. It is argued that, in regard to law development and administration of justice, the function of homo agens should have priority over the function of homo faber. The (...) two basic faculties that connect the two worlds are judgment and speech. This leads to further thoughts on the character of judgment as ‘participatory judgment,’ the function of ‘middle terms’ in legal language and the concept of ‘shared responsibility.’. (shrink)

Empowerment is a key word in Catherine Audard’s new book on Rawls and a central characteristic of Rawls’ approach to justice. A very different “hermeneutic” approach to justice is presented by Paul Ricoeur, the French philosopher and theologian who, against the background of his own work, examined Rawls’ views in several publications. This essay compares the two views and defends the proposition that empowerment is the common denominator. The author suggests that Rawls would not have objected to including some of (...) Ricoeur’s ideas in the past-principle stage of his Theory. (shrink)

Justice as a manifestation of “the just” is an evasive concept. On the one hand there is the law, an operation run by professionals. On the other hand there are the citizens the law is meant for. Generally speaking the law strives for justice. But the law has to protect many different interests and must work through legal devices. Therefore the justice that emerges from it is necessarily a legal compromise. For the citizens the legal rules are a given reality. (...) Generally they will agree that the law is there to achieve justice but legal arguments that justify a rule or decision cannot have the same value for them. In cases that affect them personally, justice will be a personal, existential experience, which may be incompatible with legal justice. It is hard to keep these two forms of justice under one roof. In order to make this easier this paper proposes a conceptual split between “law‐linked justice” and “existence‐linked justice.” It is argued that the law cannot in truth to its rational origin ignore the citizens’ experience of justice, out of the ordinary as they may be. (shrink)

Empowerment is a key word in Catherine Audard’s new book on Rawls and a central characteristic of Rawls’ approach to justice. A very different “hermeneutic” approach to justice is presented by Paul Ricoeur, the French philosopher and theologian who, against the background of his own work, examined Rawls’ views in several publications. This essay compares the two views and defends the proposition that empowerment is the common denominator. The author suggests that Rawls would not have objected to including some of (...) Ricoeur’s ideas in the past-principle stage of his Theory. (shrink)

Der Mensch als Übender, als sich durch Übungen selbst erzeugendes Wesen - Rainer Maria Rilke hat den Antrieb zu solchen Exerzitien zu Beginn des 20. Jahrhunderts in die Form gefaßt: "Du mußt dein Leben ändern." In seinem Plädoyer für die Ausweitung der Übungszone des einzelnen wie der Gesellschaft entwirft Peter Sloterdijk eine grundlegende und grundlegend neue Anthropologie. Den Kern seiner Wissenschaft vom Menschen bildet die Einsicht von der Selbstbildung alles Humanen. Seine Aktivitäten wirken unablässig auf ihn zurück: die Arbeit (...) auf den Arbeiter, die Kommunikation auf den Kommunizierenden, die Gefühle auf den Fühlenden. Es sind die ausdrücklich übenden Menschen, die diese Existenzweise am deutlichsten verkörpern: Bauern, Arbeiter, Krieger, Schreiber, Yogi, Rhetoren, Instrumentalvirtuosen oder Models. Ihre Trainingspläne und Höchstleistungen versammelt dieses Buch zu einer vergnüglich-instruktiven Lektüre von den Übungen, die erforderlich sind, ein Mensch zu sein. (shrink)

We only need to think for a moment about surfaces and other interfaces to realise their enormous importance in everydaylife. There are numerous branches of physics, chemistry, biology, and materials science concerned wholly or largely with surfaces, and one sometimes comes across the expression ‘surface science’ Among the natural phenomena connected with surfaces which have aroused scientific interest are surface tension, surface waves, photoelectric emission, reflection, refraction, evaporation, adsorption, adhesion, thin films, detergents, catalysts, cell membranes, skin. All of these phenomena (...) are complex, interesting, and some of them are still far from completely understood. Are surfaces important for philosophy? An epistemologist might well answer affirmatively, thinking of Quine’s "surface irritations" as the basis of our knowledge of the physical world, or Berkeley’s theory of vision, or the view that we perceive a material object in virtue of suitable causal interaction with its surfaces. But at first sight it seems that there is not much of interest for an ontologist. In his work on surfaces, especially in the book of that name, Avrum Stroll has shown to the contrary that there is much ontological interest in surfaces} Every ontologist delights in a newly discovered or hitherto neglected member of the ontological zoo: surfaces are not exactly new, but they have been neglected, and we can be grateful to Stroll for bringing them to greater prominence. (shrink)

New developments in reproductive technology have made headlines since the birth of the world's first in vitro fertilization baby in 1978. But is embryo experimentation ethically acceptable? What is the moral status of the early human embryo? And how should a democratic society deal with so controversial an issue, where conflicting views are based on differing religious and philosophical positions? These controversial questions are the subject of this book, which, as a current compendium of ideas and arguments on the subject, (...) makes an original contribution of major importance to this debate. (shrink)

Vol. 1: First published in German under the title: Sph'aren I. Blasen.

The authors here promote the reintroduction of temporality into the description and analysis of spoken interaction. They argue that spoken words are, in fact, temporal objects and that unless linguists consider how they are delivered within the context of time, they will not capture the full meaning of situated language use. Their approach is rigorously empirical, with analyses of English, German, and Italian rhythm, all grounded in sequences of actual talk-in-interaction.

An introduction to the life and work of the philosopher Jacques Derrida.

In this short book Peter Sloterdijk offers a genealogy of the concept of freedom from Ancient Greece to the present day. This genealogy is part of a broader theory of the large political body, according to which Sloterdijk argues that political communities arise in response to a form of anxiety or stress. Through a highly original reading of Rousseaus late Reveries of a Solitary Walker, Sloterdijk shows that, for Rousseau, the modern subject emerges as a subject free of all (...) stress, unburdened by the cares of the world. Most of modern philosophy, and above all German Idealism, is an attempt to reign back Rousseaus useless and anarchical subject and anchor it in the cares of the world, in the task of having to produce both the world and itself. In the light of this highly original account, Sloterdijk develops his own distinctive account of freedom, where freedom is conceptualized as the availability for the improbable. This important text, in which Sloterdijk develops his account of freedom and the modern subject, will be of great interest to students and scholars in philosophy and the humanities and to anyone interested in contemporary philosophy and critical theory. (shrink)

Temporal Logic: From Ancient Ideas to Artificial Intelligence deals with the history of temporal logic as well as the crucial systematic questions within the field. The book studies the rich contributions from ancient and medieval philosophy up to the downfall of temporal logic in the Renaissance. The modern rediscovery of the subject, which is especially due to the work of A. N. Prior, is described, leading into a thorough discussion of the use of temporal logic in computer science and the (...) understanding of natural language. Temporal Logic: From Ancient Ideas to Artificial Intelligence thus interweaves linguistic, philosophical and computational aspects into an informative and inspiring whole. (shrink)

This book presents the papers and comments on those papers delivered at a colloquium held at the Australian National University in December 2008 to celebrate 50 years since the publication in the Harvard Law Review of the famous and wide-ranging debate between H.L.A. Hart and Lon L. Fuller.

In his doctoral dissertation Von der mannigfachen Bedeutung des Seienden nach Aristoteles Brentano tried to show that (against criticism of this) one could indeed give a principle defense of Aristotle's table of categories as a coherent system. In later texts Brentano appears sharply critical of Aristotle, mainly in respect to Aristotle's mereology, or theory of part and whole, and to his theory of substance and accident. It is argued that Brentano hadn't observed that Aristotle's belief that there are as many (...) predicative senses of 'be' as there are categories of being is based not on his mereology but on his theory of definition. Overlooking this Brentano was led to far reaching inadequate ontological consequences. (shrink)

Included is a famous nineteenth-century debate about scientific reasoning between the hypothetico-deductivist William Whewell and the inductivist John Stuart Mill; and an account of the realism-antirealism dispute about unobservables in science, with a consideration of Perrin's argument for the existence of molecules in the early twentieth century.

This chapter is offered as a contribution to the logic of down below. We attempt to demonstrate that the nature of human agency necessitates that there actually be such a logic. The ensuing sections develop the suggestion that cognition down below has a structure strikingly similar to the physical structure of quantum states. In its general form, this is not an idea that originates with the present authors. It is known that there exist mathematical models from the cognitive science of (...) cognition down below that have certain formal similarities to quantum mechanics. We want to take this idea seriously. We will propose that the subspaces of von Neumann-Birkhoff lattices are too crisp for modelling requisite cognitive aspects in relation to subsymbolic logic. Instead, we adopt an approach which relies on projections into nonorthogonal density states. The projection operator is motivated from cues which probe human memory. (shrink)

The acclaimed philosopher Peter Sloterdijk offers a magisterial and profound investigation into the vicissitudes of historical change and the nature of modernity.

Early modern experimental philosophers were opposed to speculation, and yet many endorsed speculative theories. This chapter gives a partial explanation of why this is so, using Robert Boyle’s acceptance and promotion of the corpuscular philosophy as a case study. It argues that, in addition to furnishing experimental evidence for the corpuscular hypothesis in his Forms and Qualities, Boyle attempted to establish its epistemic superiority over other speculative theories on the grounds that it is founded upon superior principles. In his ‘Excellency (...) and Grounds of the Mechanical Hypothesis’, Boyle claims that the principles of the corpuscular philosophy are more intelligible, more parsimonious, ontologically primary, simpler and more comprehensive than those of its rivals. On grounds of comparative plausibility then, according to Boyle, the corpuscular philosophy is eminently preferable to its rivals. The final section of the chapter traces the legacy of Boyle’s appraisal of the epistemic status of the corpuscular philosophy in the writings of many of his compatriots from the mid-1660s to the Cyclopedia of Ephraim Chambers of 1728. (shrink)

These thirteen articles provide theoretical and historically informed analyses of thepowerful currents that are shaping the late twentieth-century political and culturallandscape.

In opposing the legalization of physician-assisted suicide and voluntary euthanasia, Peter Harrell '02 in his April 3 column claims that the example of the Netherlands — so far the only country in the world where both of these practices take place openly and without fear of prosecution — shows that this would be a dangerous course to follow. But none of the evidence that he offers allows him to draw this conclusion.

L'analisi dell'aristotelismo «platonizzante» nell'ambito della filosofia araba prima della sistemazione della Shifa di Avicenna, secondo cui Dio non avrebbe conoscenza dei particolari, consente all'A. di dimostrare come ci siano stati anche approcci platonici ad Aristotele , che non sono passati attraverso il filtro dei neoplatonici greci. L'altra cosa significativa è il fatto che all'interno della scuola di Baghdad vi sono modi diversi di intendere lo stato ontologico degli universali. L'A. tenta anche di ridimensionare la figura di al-Farabi all'interno della scuola (...) di Baghdad. I filosofi considerati sono al-Farabi, Yahya b. Adi e Ibn al-Tayyib. (shrink)