In lieu of an abstract, here is a brief excerpt of the content:Guillaume Budé, Andrea Alciato, Pierre de l’Estoile: Renaissance Interpreters of Roman LawMichael L. MonheitIn the Renaissance, jurists and other scholars intensely debated the problem of how to interpret correctly the Corpus iuris civilis (CIC), Justinian’s great sixth-century-ad compilation of Roman law. 1 Yet by the sixteenth century jurists had been closely interpreting its texts for four centuries; indeed Roman law jurists, much more than pre-Reformation theologians, innovated through close (...) commentary on the text (a characteristic sometimes wrongly considered a humanist innovation). Assuming that these texts were fully consistent, largely lacking a sense of historical distance, they “found” the CIC’s dictum on a given question by weaving many passages that seemed to address it partially into a complex logical fabric, and eliminated apparent internal conceptual disparities in the same way. 2But from the fifteenth century such humanists as Lorenzo Valla (1407–57) and Angelo Politiano (1454–94) applied humanist critical methods to the CIC and ridiculed the methods of the civilians. In the early sixteenth century the work of Guillaume Budé (1468–1540), Andrea Alciato (1492–1550), and Ulrich Zasius (1461–1535) intensified the crisis in legal interpretation. Budé, the [End Page 21] period’s leading French humanist, was the first humanist to publish an exhaustive study of Justinian’s Digest, while the Milanese jurist Alciato and the German jurist Zasius were among the first humanist-trained Roman lawyers to tackle the CIC. Across the century’s first three decades these humanists debated each other and other jurists, including the eminent Orléans professor of Roman law, Pierre de l’Estoile (1480–1537), best known to scholars as the teacher of a youthful law student named Jean Calvin. 3 We consider here a debate between Budé, Alciato, and Estoile, which also involved Nicolas Duchemin, Estoile’s student and partisan, and Calvin himself, who made his first appearance in print by contributing a preface to the work of his friend Duchemin. Though often referred to in Calvin scholarship, the debate has never been thoroughly explored. 4 [End Page 22]Unlike some recent studies of interpretation in the Renaissance, this study focuses on each interpreter’s practice, rather than his explicit methodological pronouncements alone, on what Wittgenstein calls a writer’s “language game”—here the meaning of each interpreter’s statements in the context of his interpretive practices. Indeed we shall view this debate as a clash of three “forms of life,” since the three protagonists could not agree as to what rules to follow to determine the meaning of a particular expression. 5In the passage in question, Lex Nec quicquam, §Ubi decretum, from the Digest section On the Duties of the Proconsul and Legate (D.1.16.9.1), the third century Imperial jurist Ulpian, declares:Ubi decretum necessarium est per libellum id expedire proconsul non poterit: Omnia enim quaecunque causae cognitionem desiderant per libellum non possunt expediri. (Where a decretum [decree] is required, the proconsul will not be able to dispose of the matter per libellum. All matters whatsoever requiring causae cognitio [judicial investigation] cannot be disposed of per libellum.)In unravelling the meaning of such key terms as decretum and libellus, the interpreters applied assumptions and practices rooted in both the humanist and [End Page 23] scholastic traditions—sometimes the same individual applied both. The debate presents the issue of interpretation apart from that of textual recovery, for no participant claimed any passage involved had been corrupted or offered a significant variant. Had they possessed the Mommsen edition of the CIC (albeit without necessarily understanding its principles of construction), each would have faced little added difficulty.I. Guillaume Budé on §Ubi decretumGuillaume Budé sparked the debate with his comments on the passage in the first part of his famous study of Justinian’s Digest, the Annotationes in quattuor & viginti Pandectarum libros (1508). He argued that the term libellus as used in the passage meant a supplicatory petition addressed to the Emperor. The matters involved could include both controversial cases, for which the Emperor would rely on the judgment of his council, and uncontested matters in which Emperors acted by their own “liberality or beneficence.” Budé confined himself to the... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Sinai and the Areopagus:Philip Melanchthon, Natural Law, and the Beginnings of Athenian Legal History in the Shadow of the Schmalkaldic WarAlexander D. BatsonIn late August 1546, Philip Melanchthon had some seriously strange dreams. One night, he saw a man in the Elbe struggling to keep his head above the river's powerful current. As Melanchthon approached to help, he recognized the drowning man's visage: Charles V. Despite Melanchthon's attempts to (...) save him, the river dragged the emperor under and carried him away. Another night, he dreamed that while translating Demosthenes with his friend Joachim Camerarius in the Wittenberg castle (a Melanchthon dream if there ever was one!) he looked out a window to see that the Elbe had turned to blood.1 [End Page 713]These ominous visions reflected the precarious world Melanchthon faced in late summer 1546. Martin Luther, the hero of the German Reformation, had died in February, leaving a gaping hole in the evangelical movement. Further, German Protestantism was facing the largest political crisis in its short history. The Schmalkaldic War had begun in July, only a few weeks prior, and the Reformation faced intense military pressure from Charles V. As the emperor slowly advanced, an anxious Melanchthon lived in constant tension between wild hope that Charles would be defeated and grim fear of massive bloodshed.As the war began, Melanchthon was greatly disturbed by the violence and the potential for disastrous defeat of the Protestant cause. In an August 26 letter, he wrote this to a friend: "Often now, when I look over the Elbe River gliding by me, I sigh and think that, even if I could pour forth a river of tears as great as the Elbe's flow, I would never be able to exhaust the sadness which surrounds my soul because of this civil war. If only Charles had not started it!"2 Should the Schmalkaldic League be defeated and political support for the Reformation be crushed, the true church would be in dangerous waters, just like the emperor in Melanchthon's dream.In the midst of this impending catastrophe, on September 1, 1546, Melanchthon published an unusual work: the Collatio actionum forensium Atticarum et Romanarum praecipuarum (A comparison of the principal Attic and Roman legal actions). In this study, Melanchthon organized and compared the legal actions of Athens and Rome, following the order of the Ten Commandments. In 1546, Greek law was a virtually unknown field. Contemporary legal humanists like Andrea Alciato, Ulrich Zasius, and François Baudouin had devoted their attention almost exclusively to Roman or feudal European law.3 Nearly a century before the publication of sprawling [End Page 714] tomes by the Greek legal scholars Samuel Petit, Claudius Salmasius, and Johannes Meursius, Melanchthon treated the law of ancient Athens as a worthy subject.4 Even more puzzling, Melanchthon devoted himself to this arcane work during a moment of dire political crisis. The unusual subject matter of the Collatio and the urgent circumstances surrounding its publication raise a pair of intriguing questions: Why did Melanchthon think Attic legal actions were important? And why did he think they were worth studying while a military and political disaster loomed on the horizon?Melanchthon valued the ancient pagan laws because they showed how God had revealed legal and moral principles to the gentiles. His study of Attic and Roman law demonstrated how, through natural reason, the classical pagans had attained knowledge of the natural law and implemented it in their own societies.5 As a result, the ancient laws became indispensable to Christians studying law and moral philosophy.6 This work on ancient Greek law was an essential part of Melanchthon's pedagogical project of integrating Christianity and the classical world. As he wrote in the introduction, he had decided to write on Attic legal actions "so that students may know that they are not only formulas for litigation, but also a philosophy and a doctrine of virtue."7 By reconstructing the laws of ancient Athens and comparing them with those of Rome, Melanchthon demonstrated that classical moral and legal thought was in complete agreement with the Decalogue and essential for Christian moral development. [End Page 715... (shrink)

Kohlenbach, U., Effective moduli from ineffective uniqueness proofs. An unwinding of de La Vallée Poussin's proof for Chebycheff approximation, Annals of Pure and Applied Logic 64 27–94.We consider uniqueness theorems in classical analysis having the form u ε U, v1, v2 ε Vu = 0 = G→v 1 = v2), where U, V are complete separable metric spaces, Vu is compact in V and G:U x V → is a constructive function.If is proved by arithmetical means from analytical assumptions x (...) εXy ε Yx z ε Z = 0) only , then we can extract from the proof of → an effective modulus of uniqueness, which depends on u, k but not on v1,v2, i.e., u ε U, v1, v2 ε Vu, k εG, G 2-φuk→dv2-itk). Such a modulus φ can e.g. be used to give a finite algorithm which computes the zero of G on Vu with prescribed precision if it exists classically.The extraction of φ uses a proof-theoretic combination of functional interpretation and pointwise majorization. If the proof of → uses only simple instances of induction, then φ is a simple mathematical operation. (shrink)

We prove that many seemingly simple theories have Borel complete reducts. Specifically, if a countable theory has uncountably many complete one-types, then it has a Borel complete reduct. Similarly, if $Th(M)$ is not small, then $M^{eq}$ has a Borel complete reduct, and if a theory T is not $\omega $ -stable, then the elementary diagram of some countable model of T has a Borel complete reduct.

In this note we show that over a strong intuitionistic base theory, the recursive comprehension principle \ -CA does not imply the disjunctive Markov principle MP\.

Eine tragfähige affektive Beziehung wird als Grundlage für reflexive kooperative Prozesse in der psychoanalytisch orientierten Therapie erachtet. Was ist die Essenz dieser affektiven Bindung (des Attachments)? Es werden zwei bildhafte Konzepte entwickelt: das affektive Feld und die Trajektorie. Letztere ist als ein Weg der affektiven Information zwischen den Protagonisten gezeichnet. Jedes Selbst hat ein affektives Feld. Die Felder zwischen zwei Selbsten werden verknüpft, jedoch nicht im Sinne der Feldtheorie, die eine eigen­ständige Entwicklung eines gemeinsamen Feldes postuliert. In einem wissenschaftstheoretischen Exkurs (...) werden die Ansätze »Feld« und »two singles« als gleichwertige Möglichkeiten diskutiert, Intersubjektivität zu verstehen. Die affektive Beziehung entwickelt sich zunächst zu den beiden Funktionen der resonanten und der responsiven Relation, um dann zunehmend durch die kognitive überlagert zu werden. Affektive Kommunikation ist nicht identisch mit der affektiven Bindung. Es werden Störungen im Bereich der Psychosen und Formen früher Störungen beschrieben. Die Ergebnisse der Bindungsforschung sind bekannt, spielen aber in dieser klinisch ausgerichteten Arbeit nur hintergründig eine Rolle. (shrink)

Few bioethicists are educated with a view into nursing. Thus, much of the conceptual and empirical research on ethical issues in nursing practice has been conducted by nurse ethicists themselves and, to a lesser degree, by individuals with a strong interest in nursing ethics. Although this work has internally shaped nursing practice, education, and policy, the broader field of bioethics has seldom examined and acknowledged the everyday ethical concerns of practicing nurses and their important contributions to bioethics discourse. In this (...) special report of the Hastings Center Report —the first to focus on nursing—Christine Grady, Ann Hamric, and I, along with consulting editor Nancy Berlinger, strive to give voice to the contributions of nurses in addressing some of our obstinate everyday ethics and health policy challenges. (shrink)

This paper argues that modal realism has a problem with mathematical impossibilities. Due to the peculiar way it treats both propositions and mathematical objects, modal realism cannot distinguish the content of different mathematically impossible beliefs. While one might be happy to identify all logically impossible beliefs, there are many different mathematically impossible beliefs, none of which is a belief in a logical contradiction. The fact that it cannot distinguish these beliefs speaks against adopting modal realism.

1. T. Darstellung -- 2. T. Anmerkungen und Register.

Keine ausführliche Beschreibung für "Modale Syllogismen, mögliche Welten, Essentialismus" verfügbar.

Emile Borel regards the Banach-Tarski Paradox as a reductio ad absurdum of the Axiom of Choice. Peter Forrest instead blames the assumption that physical space has a similar structure as the real numbers. This paper argues that Banach and Tarski's result is not paradoxical and that it merely illustrates a surprising feature of the continuum: dividing a spatial region into disjoint pieces need not preserve volume.

It is well known by now that large parts of mathematical reasoning can be carried out in systems which are conservative over primitive recursive arithmetic PRA . On the other hand there are principles S of elementary analysis which are known to be equivalent to arithmetical comprehension and therefore go far beyond the strength of PRA . In this paper we determine precisely the arithmetical and computational strength of weaker function parameter-free schematic versions S− of S, thereby exhibiting different levels (...) of strength between these principles as well as a sharp borderline between fragments of analysis which are still conservative over PRA and extensions which just go beyond the strength of PRA. (shrink)

In reply to H. Bußhoff's paper I give another outline of Lakatos' approach to normative theories in order to reduce the misunderstandings Bußhoff seems to have fallen victim to. . In particular, I try to show that he is wrong in claiming there is a vicious circle in this approach or my interpretation of it . Finally, I expose for criticism his alternative methodology of political science which propagates a theory of a "third type", suggesting that he takes too little (...) seriously problems he calls academical although their importance has been shown not only by Lakatos but by political philosophers as Rawls and Nozick. (shrink)

I understand the claim that there is a right to work as the claim that involuntary unemployment is an injustice that requires of justice enforcement institutions to stop it. I argue that in present conditions of high productivity it is more consistent with the liberal tradition to proclaim a right to develop one’s capabilities than a right to work. The steps of my argument are: (1) An important though not the only reason for considering unemployment unjust has been what I (...) call the Promethean idea of society. (2) The Promethean idea is implied by the liberal idea of rights. (3) There are two conceptions of the Promethean idea, the centralist and the autonomous one. (4) Only the latter is acceptable. (5) Involuntary unemployment is unjust even if the dole is decently high. (6) The injustice of unemployment can be stopped only by institutions that enable everyone to use their capabilities in realizing the Promethean idea. (7) One such institution is basic income. (8) As employment is not necessary for survival, we should replace the right to work with a right to develop one’s capabilities. (shrink)

Bd. 1. Rechts- und staatsphilosophische Analysen und Positionen -- Bd. 2. Materielle und formelle strafrechtsprobleme.

Das Phänomen des Ethischen ist dem Konflikt der Interpretationen ausgesetzt. Er äußert sich nicht nur in ethischen Kontroversen, sondern auch als Konflikt ethischer Grundkonzeptionen und Menschenbilder. Verstärkt wird in jüngster Zeit über das spezifische Profil evangelischer Ethik und Urteilsbildung nachgedacht. Die Beiträge dieses Buches konfrontieren entsprechende Bemühungen mit der provokanten These R. Bultmanns, es gebe gar keine christliche Ethik, sofern darunter einer Theorie über das verstanden werde, was Christen zu tun und zu lassen haben.

The nationwide supply with the afferings of Palliative Care is a generally acknowledged aim. But it is disputed whether it is a sufficient alternative to death on demand or assisted suicide. This is being discussed on a European level. But what the current discussion is Jacking of, are empirical studies regarding the culture of dying. The case study at hand Iooks into the basic social and cultural conditions in a large city. It also discusses the consequences of religious change and (...) the inter-religious situation on the palliativemovement and their relation to the churches. (shrink)

Biographical note: Thomas Alkemeyer (Dr. phil.) ist Professor für Soziologie und Sportsoziologie an der Carl von Ossietzky Universität Oldenburg. Ulrich Bröckling (Dr. phil.) ist Professor für Kultursoziologie an der Albert-Ludwigs-Universität Freiburg. Tobias Peter (Dr. rer. pol.) ist wissenschaftlicher Mitarbeiter am Institut für Soziologie der Albert-Ludwigs-Universität Freiburg.

Tugendhat’s remarks on religion and mysticism are explored in section 5 and 6 of this paper. To this end I outline, in section 1, the role that the criticism of religion has played from its beginnings in philosophy’s self-understanding and its focus on reasoning, which philosophers opposed to the non-reasoning justification of religion. In section 2, I consider philosophy’s relation to empirical statements and to the empirical sciences; in section 3, I discuss Tugendhat’s substitution of anthropology for metaphysics; and in (...) section 4, his moral theory. (shrink)

The planetary boundaries concept has profoundly changed the vocabulary and representation of global environmental issues. The article starts by highlighting the strengths and weaknesses of planetary boundaries from a social science perspective. It is argued that the growth imperative of capitalist economies, as well as other particular characteristics detailed below, are the main drivers of the ecological crisis and exacerbated trends already underway. Further, the planetary boundaries framework can support interpretations that do not solely emphasize technocratic operational approaches and costs, (...) but also assume that these alone can be the solution. (shrink)

The theory of practice is according to its self-conception a poststructuralistic research program. It is proceeding on the assumption of a body, that performs his material arrangement with artefacts on the basis of a social habitus in the sense of Bourdieu. In view of recent diagnosis of an affective turn in the social sciences the article fathoms on the basis of Michel Henry’s phenomenology the possibility to understand the (living) body as a body of mood or what he calls flesh. (...) The body which is always in a special mood thus has an influence on acting. In a further step this assumption will broaden the scope to the entire room of interaction, where the practices take place. This includes next to the body of mood, collective moods of social groups and atmospheres as further parameters. (shrink)

The article provides an overview of important topics in contemporary medical ethics. Methodologically, it is a literature review. The article addresses only a limited selection of the problematic areas, which are, however, related to each other: digitisation of medicine, genome editing, personalised medicine as well as ethical problems and dilemmas of allocation in healthcare. The global COVID-19 pandemic has emerged as a focus and trigger. Reflections on human rights and justice in medicine are fundamental not only on the individual and (...) social level but also on a global scale. The fundamental question is how society as a whole can be involved in the complex biopolitical and bioethical debate. The social and cultural consequences of life increasingly being understood as a technical product rather than a gift are serious.Contribution: The article also reflects on the specific contribution that Christian theology, and in particular the reformed heritage, can make to bioethical debates in modern society. The distinction between instrumental knowledge [Verfügungswissen] and orientational knowledge [Orientierungswissen] is helpful for its better understanding. A crucial result of this article is that medical treatment is repeatedly faced with ethical dilemmas. Moreover, medical progress not only creates new and better solutions to medical problems, it also raises new ethical questions that did not exist before. The purpose of medical ethics lies in identifying such dilemmas and developing ethical decision-making processes that help us to deal with such dilemmas to some extent. (shrink)

An image of God that isn't true -- The God of creation -- The God of no use -- The God of our imagination -- The God of thunder -- The God of terror -- The God of surrender -- The God of intimacy -- The God of consolation -- The God of incarnation -- The God of rebirth -- The adventurous God.

The United States is distinct among high-income countries for its problem with gun violence, with Americans 25 times more likely to be killed by gun homicide than people in other high-income countries.1 Suicides make up a majority of annual gun deaths — though that gap is closing as homicides are on the rise — and the U.S. accounts for 35% of global firearm suicides despite making up only 4% of the world’s population.2 More concerning, gun deaths are only getting worse. (...) In 2021, firearm fatalities approached 50,000, the highest we have seen in at least 40 years.3 The increase in homicides in conjunction with lower crime overall further suggests an problem specifically with guns.4 As devastating as these deaths are, it does not come close to encompassing the mass toll of America’s gun violence epidemic — a toll that disproportionately impacts people of color, with the Black community suffering at the highest rates. A broader and more accurate view of what constitutes gun violence must become a part of the national discourse if we are going to develop effective strategies to combat this crisis.5. (shrink)