Originally presented as the author's thesis, Bonn, 1978.

Cette traduction inedite de l'oeuvre principale d'Adolf Reinach (1883-1917) apporte des contributions fondamentales a divers champs de la connaissance. Disciple de Husserl, Reinach propose une interpretation du monde social qui engage la phenomenologie sur le terrain des actes sociaux et des experiences individuelles qui les accompagnent, afin d'isoler les structures a priori qui sont au principe meme du droit positif. Le travail de Reinach s'inscrit egalement dans un champ d'analyse philosophique et linguistique centre sur les enonces dits performatifs, baptises (...) tels par Austin quelques decennies plustard. (shrink)

There is as yet no widely agreed-upon solution to the standard textbook problem whether actively shutting off a life-sustaining medical device, e.g. a respirator, and thus bringing about a patient9s death amounts to active killing or just to an omission of further treatment. Apart from a range of astutely contrived case examples and respective particular solutions proposed in the literature, there seems to be no consensus on the normative principles such solutions should be grounded in, not even on the need (...) for such principles beyond sheer intuition. The present paper attempts to develop a normative approach based on fundamental principles of law. From this perspective, what is decisive for the question of ‘killing or letting die’ in such cases is not that death ensues from a behaviour that is active and relevantly causative, but rather, whether or not the agent in performing the deadly act transgresses the boundaries of the domain of his or her sole normative authority, and thereby intervenes in the protected sphere of another. Unless he or she does so, their behaviour cannot be classified as active commission regardless of the amount of causal activity it may display and regardless of its potentially harmful consequences. This conception is spelled out in detail and tested in a range of case examples, as are several of its corollaries that deviate from standard type solutions. (shrink)

Womit beschäftigt sich die medizinische Wissenschaft? Ich verstehe ja natürlich nichts davon, aber sie beschäftigt sich doch mit dem Menschen. Und die Juristerei, die Gesetzgebung und Rechtsprechung? Auch mit dem Menschen.

Adolf von Harnack auf schloss Elmau, von J. Müller.--Briefe Adolf von Harnacs an Johannes Müller.--Leben und erkennen, von A. Harnack.

The Future of Representative Democracy poses important questions about representation, representative democracy and their future. Inspired by the last major investigation of the subject by Hanna Pitkin over four decades ago, this ambitious volume fills a major gap in the literature by examining the future of representative forms of democracy in terms of present-day trends and past theories of representative democracy. Aware of the pressing need for clarifying key concepts and institutional trends, the volume aims to break down barriers among (...) disciplines and to establish an interdisciplinary dialogue among scholars. The contributors emphasise that representative democracy and its future is a subject of pressing scholarly concern and public importance. Paying close attention to the unfinished, two-centuries-old relationship between democracy and representation, this book offers a fresh perspective on current problems and dilemmas of representative democracy and the possible future development of new forms of democratic representation. (shrink)

There is concern that the use of neuroenhancements to alter character traits undermines consumer's authenticity. But the meaning, scope and value of authenticity remain vague. However, the majority of contemporary autonomy accounts ground individual autonomy on a notion of authenticity. So if neuroenhancements diminish an agent's authenticity, they may undermine his autonomy. This paper clarifies the relation between autonomy, authenticity and possible threats by neuroenhancements. We present six neuroenhancement scenarios and analyse how autonomy accounts evaluate them. Some cases are considered (...) differently by criminal courts; we demonstrate where academic autonomy theories and legal reasoning diverge and ascertain whether courts should reconsider their concept of autonomy. We argue that authenticity is not an appropriate condition for autonomy and that new enhancement technologies pose no unique threats to personal autonomy. (shrink)

The last decade has witnessed the beginnings of a remarkable convergence of Husserlian phenonenology and analytic philosophy of language, and the present volumes provide original and important texts of the phenomenological philosophy of language. Powerfully influenced by the writings of the early Husserl, Reinach fashioned Husserl’s ideas into a rigorous analytical methodology of his own, which he applied in particular to problems in logic and the theory of knowledge, and to the philosophies of law and psychology. The central role of (...) the concept of state of affairs in Reinach’s philosophy will bring to mind immediately the formal ontology of Wittgenstein’s Tractatus. Reinach’s most significant contribution, however, is contained in his The a priori foundations of civil law (1913), above all in the detailed analysis of the a priori structure of the act of promising. This amounts to an elaborate phenomenological theory of speech acts which anticipates, and in some respects goes beyond, the later theories of Austin and Searle. The present edition is in two volumes. Volume 1, which includes a biographical and thematic introduction by the editors, contains critical editions of those pieces published by Reinach himself. Volume II is a collection of all those items in Reinach’s surviving Nachlass which are in publishable form, including a number of important pieces not hitherto obtainable on such themes as ethical predicates, speech acts (“soziale Akte”), perception and the theory of number, together with a comprehensive sketch of the problems in the theory of knowledge, logic and ethics. Appended to this is a text-critical apparatus which also contains extensive discussions of the origins and sources of the materials in question. (shrink)

Born a slave, but later earning his freedom and founding a school for teaching Stoicism to the sons of Roman noblemen, Epictetus has been a popular source of Stoic philosophy for centuries. Originally published in 1894 by the German scholar Adolf Bonhoeffer and here translated into English for the first time, this work remains the most systematic and detailed study of Epictetus' ethics. The basis, content, and acquisition of virtue are methodically described, while important related points in Stoic ethics (...) are discussed in an extensive appendix. Epictetus is compared throughout with the other late Stoics, Cicero, the early Stoics, and Christian moral thought. This approach shows that Stoic ethics continues to have great practical and pedagogical value. (shrink)

Non-therapeutic circumcision violates boys’ right to bodily integrity as well as to self-determination. There is neither any verifiable medical advantage connected with the intervention nor is it painless nor without significant risks. Possible negative consequences for the psychosexual development of circumcised boys (due to substantial loss of highly erogenous tissue) have not yet been sufficiently explored, but appear to ensue in a significant number of cases. According to standard legal criteria, these considerations would normally entail that the operation be deemed (...) an ‘impermissible risk’—neither justifiable on grounds of parental rights nor of religious liberty: as with any other freedom right, these end where another person's body begins. Nevertheless, after a resounding decision by a Cologne district court that non-therapeutic circumcision constitutes bodily assault, the German legislature responded by enacting a new statute expressly designed to permit male circumcision even outside of medical settings. We first criticise the normative foundations upon which such a legal concession seems to rest, and then analyse two major flaws in the new German law which we consider emblematic of the difficulty that any legal attempt to protect medically irrelevant genital cutting is bound to face. (shrink)

This paper offers a refutation of P. Duhem's thesis that the falsifiability of an isolated empirical hypothesis H as an explanans is unavoidably inconclusive. Its central contentions are the following: 1. No general features of the logic of falsifiability can assure, for every isolated empirical hypothesis H and independently of the domain to which it pertains, that H can always be preserved as an explanans of any empirical findings O whatever by some modification of the auxiliary assumptions A in conjunction (...) with which H functions as an explanans. For Duhem cannot guarantee on any general logical grounds the deducibility of O from an explanans constituted by the conjunction of H and some revised non-trivial version R of A: the existence of the required set R of collateral assumptions must be demonstrated for each particular case. 2. The categorical form of the Duhemian thesis is not only a non-sequitur but actually false. This is shown by adducing the testing of physical geometry as a counterexample to Duhem in the form of a rebuttal to A. Einstein's geometrical articulation of Duhem's thesis. 3. The possibility of a quasi a priori choice of a physical geometry in the sense of Duhem must be clearly distinguished from the feasibility of a conventional adoption of such a geometry in the sense of H. Poincare. And the legitimacy of the latter cannot be invoked to save the Duhemian thesis from refutation by the foregoing considerations. (shrink)

According to some cosmologists, the big bang cosmogony and even the (now largely defunct) steady-state theory pose a scientifically insoluble problem of matter-energy creation. But I argue that the genuine problem of the origin of matter-energy or of the universe has been fallaciously transmuted into the pseudo-problem of creation by an external cause. A fortiori, it emerges that the initial "true" and "false" vacuum states of quantum cosmology do not vindicate biblical divine creation ex nihilo at all.

This article presents the results of lead isotope analysis of ten Byzantine seals from the sigillographic collection of Robert Feind. The report is preceded by an overview of pre-existing studies on lead use in the Byzantine Empire and a presentation of the investigated seals datable to the Early Byzantine, Middle Byzantine and Late Byzantine period. Three seals are of imperial issue. The results of the analysis of lead are compared against the results of isotope analysis of other silver and lead (...) artefacts from Late Antiquity and the Late Byzantine period. The isotop analysis leads to the following conclusions: Many of the seals have isotope ratios consistent with Aegean-Bulgaria-Western Turkey sources; Reused lead was also employed in the manufacture of seals; There appear to be significant chronological and regional differences in the lead used for casting blanks in the eastern Mediterranean. The number of lead seals subjected here to analysis is admittedly too small for the results to be fully representative; still, they provide a starting point for more similar studies which will preferably include excavation finds with known and secure provenance. (shrink)

In der Geschichte der Philosophie gibt es nur wenige Namen, mit denen sich so viel Ungewohnliches, aber auch Ungereimtes, ja Paradoxes verbindet wie mit dem Namen Wittgenstein. Fur den Mann auf der StraSSe meist ein ganzlich Unbekannter, ist Wittgenstein fur viele Fachleute der Philosoph schlechthin. ER zahlt zu den meistzitierten Denkern des 20. JAhrhunderts, obwohl er in seinem Leben nur einige Dutzend Seiten veroffentlicht hat: er wurde seit seinem Tode zum Star einer neuen philosophischen Tradition, wo gerade er uns doch (...) von der traditionellen Philosophie befreien wollte. EIne vollstandige Bibliographie der Wittgenstein-Literatur wurde mehrere tausend Titel umfassen, und standig werden neue Abhandlungen uber Wittgenstein und seine Philosophie veroffentlicht. (shrink)

Prompted by the "Panel Discussion of Grünbaum's Philosophy of Science" (Philosophy of Science 36, December, 1969) and other recent literature, this essay ranges over major issues in the philosophy of space, time and space-time as well as over problems in the logic of ascertaining the falsity of a scientific hypothesis. The author's philosophy of geometry has recently been challenged along three main distinct lines as follows: (i) The Panel article by G. J. Massey calls for a more precise and more (...) coherent account of the Riemannian conception of an intrinsic as opposed to an extrinsic metric, which the author has invoked as his basis for the distinction between non-conventional and convention-laden ascriptions of metrical equality and inequality; (ii) the latter distinction has been claimed to suffer from the liabilities of the so-called "standard conception" of scientific theories [36]; and (iii) pursuant to H. Putnam's "An Examination of Grünbaum's Philosophy of Geometry" [56], J. Earman [16, 17] and R. Swinburne [65] have contended that the difference between intrinsic and extrinsic metrics is scientifically unilluminating, and that the associated distinction between non-conventional and convention-laden metrical comparisons does not have the kind of relevance to extant scientific theories that the author has claimed for it. The essay consists of two installments. The present installment, comprising the Introduction and Part A, is devoted to the clarification, correction and further development of the author's prior writings on the philosophy of geometry. Its main objective is constructive elaboration rather than offering polemics. But rebuttals to Earman, [16, 17], Swinburne [65] and Demopoulos [13] are included, because their inclusion conduced to clarity in giving the new exposition. Part B is to appear in a subsequent issue and will be devoted to replies to critiques contained in the Panel Discussion and in other recent literature. It will range over issues in the philosophy of geometry and in the logic of ascertaining the falsity of a scientific hypothesis. By way of merely elliptical anticipation of much more precise statements given in Part A, section 3(ii), the Introduction dissociates the notion of convention-ladenness developed in Part A from the quite different notion integral to the so-called "standard conception" of scientific theories. Thereby, the Introduction prepares the ground for seeing, as a corollary to Part A, section 3(ii), that the notion advocated in the present essay has nothing to fear from the following fact, noted by C. G. Hempel ([36]; cf. also his 1970 Carus Lectures): "even though a sentence may originally be introduced as true by stipulation, it soon joins the club of all other member-statements of the theory and becomes subject to revision in response to further empirical findings and theoretical developments." Part A, which begins with a fairly detailed table of contents, endeavors to meet the aforementioned three-fold challenge to the author's philosophy of geometry. Massey's call for the provision of clear and detailed characterizations of intrinsic and extrinsic metrics is answered with the invaluable aid rendered personally by Massey himself. These characterizations are shown to permit a precise explication of the portions of Riemann's Inaugural Dissertation relevant to (1) Riemann's brilliant anticipation of Einstein's dynamical conception of physical geometry, and (2) the author's philosophical characterization of the metrics and geometries of space, time, and space-time {section 2(c)}. A byproduct of the analysis is to raise two major philosophical doubts concerning Clifford's sketch of a so-called "space-theory of matter" as elaborated in J. A. Wheeler's relativistic geometrodynamics. That theory's vision of understanding matter as a manifestation of empty curved space is questioned in regard to (1) the existence of an intra-geometrodynamic basis for individuating the metrically homogeneous world points of its space-time manifold {section 1(a)}, and (2) the compatibility of the theory with the Riemannian metrical philosophy apparently espoused by its proponents {section 2(c)(i)}. (shrink)

Adolf Hölzel war nicht nur ein Kunstpädagoge von ungeheurer Bedeutung, sondern auch ein Pionier in der theoretischen Bestimmung der ungegenständlichen Kunst: 'Absolute Malerei' ist der Begriff, den Adolf Hölzel prägte. In zahlreichen Aufsätzen und auf 4000 überlieferten Schriftblättern aus dem sogenannten 'kunsttheoretischen Nachlass' entwickelt Adolf Hölzel seine Theorie, die allein an den Mitteln orientiert ist, die ein Bild konstituieren - unabhängig davon, ob etwas Gegenständliches dargestellt wird oder nicht. Denn jedes Bild ist, so Adolf Hölzel, allein (...) ein abstraktes Gebilde von Linien, Formen und Farben. Seine kunsttheoretischen Schriften sind nun kommentiert und in chronologischer Reihenfolge erstmals zugänglich, inklusive seiner zentralen Aufsätze und Schriften, bisher unpublizierter Manuskripte und ausgewählter Briefe des vielleicht wichtigsten Kunstpädagogen des 20. Jahrhunderts. (shrink)

It is a commonplace in the analytic geometry of physical space-time that an extended straight line segment, having positive length, is treated as “consisting of” unextended points, each of which has zero length. Analogously, time intervals of positive duration are resolved into instants, each of which has zero duration.