Wolfgang Kessler gives a report on the latest developments ofthe GATT negociations. The failure ofthe Uiruguay round in the autumn of 1990 and the irksome attempts at reanimation are depicted as a result of the strategy ofthe industrialized countries to bargain for their interests by demanding an extension oftheir free trade policy on additional parts of the world market. Kessler contrasts this strategy with a model of an ecologically and socially regulated world trade founded on world-wide agreed (...) upon treaties that focus on a sustainable world economy. (shrink)

Die Kategorie des Heiligen schlieat - im Anschluss an Rudolf Otto - sowohl faszinierende als auch erschreckende Seiten des Numinosen ein. Mit der uberraschenden Wiederkehr der Religionen ins private und offentliche Leben, die sich vielfach in Konflikten ereignet und zunehmend durch religios motivierte Gewalt Bahn bricht, wird es immer wichtiger, sich dem Heiligen in den Religionen neu zu widmen. Der vorliegende Band diskutiert diese Kategorie deshalb in phanomenologischer und interkultureller Perspektive und zeigt auf, wie sie in religionswissenschaftlichen, theologischen und philosophischen (...) Kontexten anschlussfahig an aktuelle gesellschaftliche Debatten ist. Mit Beitragen von Roderich Barth, Gertrude Deninger-Polzer, Johann Figl, Wolfgang Gantke, Adelheid Herrmann-Pfandt, Manfred Hutter, Hans Kessler, Markus Luber, Jurgen Mohn, Thomas M. Schmidt, Perry Schmidt- Leukel, Michael Stausberg, Bernd Trocholepczy, Udo Tworuschka, Hans Waldenfels, Edmund Weber, Knut Wenzel, Hamid Reza Yousefi. (shrink)

Gottlob Frege has exerted an enormous influence on the evolution of twentieth-century philosophy, yet the real significance of that influence is still very much a matter of debate. This book provides a completely new and systematic account of Frege's philosophy by focusing on its cornerstone: the theory of sense and reference. Two features distinguish this study from other books on Frege. First, sense and reference are placed absolutely at the core of Frege's work; the author shows that no adequate account (...) of the theory can avoid analysing the notion of thought that underpins it, or explaining how it has clarified our concept of judgement. Second, the theory is situated within the development of Frege's thought; the author reveals how the theory caused Frege to alter many of his fundamental views. In doing so the author presents a clearer picture of the problems the theory was intended to solve, and delineates more sharply the characteristic features of Frege's philosophy. (shrink)

The notion of beauty has been and continues to be one of the main concerns of aesthetics and art theory. Traditionally, the centrality of beauty in the experience of art was widely accepted and beauty was considered one of the key values in aesthetics. In recent debate, however, the significance of the notion of beauty has been discussed controversially. Especially in the second half of the twentieth century, the role of beauty was strongly challenged both by artists and in philosophy (...) and theory of art. Beauty was no longer a central value, but just one aesthetic feature among many others. In recent years, however, the notion of beauty has been re-evaluated, some even speak of a “comeback of beauty”. Against this background it is one of the main tasks and challenges of contemporary aesthetics to develop a more profound understanding of the nature of beauty, its different forms and dimensions, and its place in art theory and practice – and in human life. In the contributions to this volume, leading scholars in the field explore the significance of the notion of beauty, its key aspects, and its relevance in various aesthetic disciplines. The questions addressed in the volume can be summarized in the following three headings: What is beauty? What is beautiful? How does the value of beauty relate to other aesthetical values? The volume contains a selection of invited contributions, including: María José Alcaraz León, Hanne Appelqvist, Allen Carlson, Noël Carroll, Stephen Davies, Richard Eldridge, John Gibson, Peter Lamarque, Catrin Misselhorn, Otto Neumaier, Elisabeth Schellekens, Maria Elisabeth Reicher-Marek, Sonia Sedivy, Davide dal Sasso, and Lisa Kathrin Schmalzried -/- . (shrink)

There is an ever-increasing interest in the question of how and why legal norms can effectively guide human action. This compact volume demonstrates how economic tools can be used to examine this question and scrutinize these legal norms. Indeed, this is one of the first text to be based on civil law instead of the more usual common law, situating the study of both private and public law within the framework of institutional economics, with recommendations for further reading and a (...) list of key terms in each chapter. Besides the standard economic problems in property, tort, contract, crime and litigation, areas covered include: new institutional economics public choice constitutional law public administrations regulatory impact analysis. This book is essential reading for students in law schools and economics departments alike, particularly those engaged with the methodology of law and economics, applied economics and economic methods of legal policy. (shrink)

When a provocateur intentionally provokes a deadly affray, the law of self-defense holds that the provocateur may not use deadly force to defend himself. Why is this so? Provocateurs are often seen as just one example of the problem of actio libera in causa, the causing of the conditions of one’s defense. This article rejects theories that maintain a one-size-fits-all approach to actio libera in causa, and argues that provocateurs need specific rules about why they forfeit their defensive rights. This (...) article further claims that provocateurs need to be distinguished from their cousins, initial aggressors, as initial aggressors engage in conduct that grounds the permissibility of the defender’s behavior whereas the provocateur’s behavior does not justify the respondent’s use of force against him. In addition, this article rejects that the basis of this forfeiture can be found in the doctrines surrounding when and why mitigation for provocation is appropriate for the respondent. Provocateurs forfeit their defensive rights for the very simple reason that they start the fight. This forfeiture occurs when they behave culpably, meaning that they subjectively appreciate that they are running the risk of causing force to be used against them and they engage in this behavior without justification or excuse. The question of when the provocateur’s behavior is justified is incredibly complex. It requires analysis of when it is that one is justified in increasing the risk of another’s wrongdoing. Any analysis of this justification must take seriously the liberty rights of the potential provocateur to engage in otherwise permissible behavior. Moreover, the determination of whether the provocateur is justified will turn on whether the later acts that he puts into motion are themselves justified. Thus, when Charles Bronson in the movie Death Wish presents himself as a victim so that muggers will attack him, the justifiability of his conduct in appearing as a vulnerable victim will turn on whether he is entitled to engage in this conduct, intending to later defend himself. This article argues that in Death Wish-type cases, the reason that the provocateur is not justified is because he becomes a vigilante, thereby usurping the role of the state and undermining rule of law values. (shrink)

What is an image? An image, it might be said, is a kind of amity between the medium and the model it assumes. The purpose of this relationship is to reproduce the model and to become similar to it. Such a definition invites – perhaps in a purely playful way – some preliminary considerations.

The intervention of the divine in human history, more precisely the transition from fiction to incarnation that is peculiar to the origins of Christianity, marks a turning-point in our understanding of the genealogical principle. With a Son of Man who is also Son of God and his Mother's Father, there is no paternity and, more generally, no genealogy that is not reversible. To this questioning of elementary kinship structures we should add the contesting of the hitherto accepted distribution of genders (...) and sexes. The superimposition of the Holy Family and the Trinity created an uncertain sex whose effect is to uncouple sex from its functions, in particular procreation. Hence a circulation and instability of sex. It is from this viewpoint that we should see the notion of an androgynous Christ and the Church Fathers' thinking on the resurrected body. (shrink)

The respectably legitimate offspring of an age-old affair between writing and picture-making, the calligramme — that is, “a poem in which the typographical layout creates a picture, generally related to the ‘subject’ of the text” (Dictionnaire des littératures, Larousse) — is often seen as an esoteric minority art of dubious reputation. Starting from an exclusively Western approach to the history of the calligramme, my aim is to demonstrate that this artform may in fact represent something more than simply (here I (...) deliberately use a metaphor from the far east, as a counterargument to my theme) the “Kyogen of the No theatre” — i.e., more than a lightweight interlude between more literary, aesthetic, even metaphysical preoccupations — more elevated, more serious, or, in general terms, more extended. Apart from the play and the pleasure of an approach that is creative in terms of letters and language, it contains serious elements related to the actual exercise of writing in our media civilization. (shrink)

This piece of work intends to shed light on Alexander of Aphrodisias from the second-century Aristotle commentator through the history of Aristotelian psychology up to the sixteenth century's clandestine prompter of the new philosophy of nature. In the millennium after his death the head of the Peripatetic school in Athens served as the authority on Aristotle in the Neo-Platonic school, survived the Arabic centuries of philosophy as Averroes' exemplary exponent of the mortality of the soul and as such was not (...) considered worthy of translation by the Latin Scholastics. This attitude changed only in the Late Middle Ages, when the resistance against Averroes grew fierce and Alexander emerged as the only Aristotelian alternative to him. In 1495 his account of Aristotle's psychology was translated and published and the underlying principles of a natural philosophy, based on sense perception and exempt from metaphysics, became accessible. The prompt reception and widespread endorsement of Alexander's teaching testify to his impact throughout the sixteenth century. (shrink)

We reconstruct “the classical transformational theory” of Chomsky, and fit it into the structuralist theory of science. We describe both the formal and the empirical features of this classical account, so that one basic hypothesis of this theory – where central notions are used – can be formulated, and in which Chomsky’s “classical” distinction between surface structure and deep structure is clarified. In the empirical claim of this theory are words, sentences and high-structured entities in an inseparable way intertwined. We (...) claim that the formal structure of a natural language is not approximately the same as that of an empirical theory in general. We clarify two special points which affect the structure of the notion of an empirical theory, namely: the delineation of intended applications and the fit between data and models. We hold that the concept of the empirical claim for a linguistic theory should be generalized in comparison with the “standard” structuralist approach. (shrink)

When the state aims to prevent responsible and dangerous actors from harming its citizens, it must choose between criminal law and other preventive techniques. The state, however, appears to be caught in a Catch-22: using the criminal law raises concerns about whether early inchoate conduct is properly the target of punishment, whereas using the civil law raises concerns that the state is circumventing the procedural protections available to criminal defendants. Andrew Ashworth has levied the most serious charge against civil preventive (...) regimes, arguing that they evade the presumption of innocence. After sketching out a substantive justification for a civil, preventive regime, I ask what Ashworth’s challenge consists in. It seems that there is broad disagreement over the meaning and requirements of the presumption of innocence. I thus survey the myriad possibilities and extract two claims that have potential bearing on preventive regimes. One claim is that of substantive priority—the criminal law comes first when assessing blame. This is the claim at the root of objections to pretrial detention based on consideration of the crime charged. The second strand of argument is one of procedural symmetry. This is the concern that with respect to citizen/state relations, certain procedures are required, including, for example, proof beyond a reasonable doubt as to the offense or defense. Having extracted these claims, I then assess their applicability with respect to the preventive regime defended. I first conclude that the criminal law must share blame and censure with other fora, and thus, the criminal law only has substantive priority when criminal proceedings have been instituted. I then survey whether procedural symmetry is required, specifically assessing whether the preventive regime I defend requires proof beyond a reasonable doubt. My tentative conclusion is that proof beyond a reasonable doubt is warranted. (shrink)

In The Realm of Criminal Law, Antony Duff argues that the criminal law’s realm is bounded by territory. This is because a polity decides what it cares about in crafting its civic home, and it extends its rules and hospitality to guests. I question whether the most normatively attractive conception of a Duffian polity would be bounded by territory, or whether it would exercise far more extensive jurisdiction over its citizens wherever in the world they may be and over harm (...) to its citizens/interests wherever in the world the attacks occur. (shrink)

The justice of criminal punishment depends in part on the possibility of holding people accountable for their choices. There is a wide variation between nations on the age at which juveniles can be prosecuted in adult criminal courts. This variation reflects disagreement about the underlying logic of responsibility. This paper examines the philosophical difference between adults and children as agents. The paper argues that the moral status of children is importantly distinct from adults, specifically with respect to how responsibility should (...) be mitigated. The paper explains this in terms of the developmental aspect of childhood. By considering empirical evidence from psychology and neuroscience we can understand the mistakes that juveniles make as a form of developmental impairment. The paper shows why these findings lead to the conclusion that the practice of trying children as adults is immoral and should be eliminated. (shrink)

Charles S. Peirce sketches "a nest of three arguments for the Reality of God" in his article "A Neglected Argument for the Reality of God." I provide careful analysis and explication of Peirce's argument, along with consideration of some objections. I argue that there are significant differences between Peirce's neglected argument and the traditional arguments for God's existence; Peirce's analysis of the neglected argument into three arguments is misleading; there are two distinct levels of argument that Peirce does not recognize; (...) and it is doubtful whether the argument meets all the criteria set by Peirce himself. (shrink)

This brief festschrift introduction does not attempt to review and characterize Michael Moore’s extraordinary and influential immense body of scholarship at the intersections of law, morality, and metaphysics. This is done most ably by Heidi Hurd in the following chapter. Here we simply describe each of the contributions to this volume as they relate to the body of Moore’s work, virtually every aspect of which is addressed by the various authors. The introduction concludes with personal last words by the editors (...) about their history with Moore and his influence on them and others. Concrete personal examples are given. The introduction concludes with a description of the genesis of the volume. (shrink)