This article deals with some phenomena of the Hungarian legal language from a historical point of view, with special regard to the terminology of private law going back to Roman law tradition. The author aims, on the one hand, to present the historical background of the current terminology of Hungarian private law by means of some representative examples. On the other hand, it is attempted at demonstrating that “false friends” and some further misunderstandings in the current terminology of Hungarian private (...) law can be led back to the historical determination of the concepts/terms in question. A certain Hungarian legal language existed already in the 16th c., however it reached the common European level by the middle of the 19th c. This development took place mainly under the influence of the Austrian and German law and legal science. Due to the translation of foreign legal terms to Hungarian since the 19th c. there emerged some “global” difficulties of legal terminology also in the Hungarian legal language. As the most important example, the reception of bona fides can be mentioned. It was an amendment of the Hungarian Civil Code in 2006 which tried to eliminate the misunderstandings as regards the principle of good faith conceived formerly by many Hungarian jurists exclusively in subjective sense. The history of reception of the German notions of Gültigkeit and Wirksamkeit in Hungary is extremely intriguing, too. Hungarian jurists did not follow the pattern of the German BGB but developed this pair created by Windscheid by drawing a clear distinction between the validity and effectiveness of legal transactions, similar to the Italian terminology. Sometimes the reception of German notions happened in a less successful way. Despite the important foreign, especially German impacts, the Hungarian legal language is an autonomous one having several remarkable features which deserve attention also in comparison with terminology of the Western legal cultures. (shrink)

“I also talked to Buber yesterday; as a person he is lively and simple and remarkable, and seems to have nothing to do with the lukewarm things he has written” – wrote Franz Kafka to his fiancée Felice Bauer in the early 1913. What is the meaning of this harsh, yet respectful portraiture of Buber? Was it a casual ironic remark – or was it rather the way Kafka really thought of Martin Buber? And to what extent was Kafka important (...) for Buber? How can we understand the collaboration between the writer and philosopher? Close reading, contextualization and Begegnungsereignis. (shrink)

People seem to differ in their visual search performance involving emotionally expressive faces when these expressions are seen on faces of others close to their age compared to faces of non-peers, known as the own-age bias. This study sought to compare search advantages in angry and happy faces detected on faces of adults and children on a pool of children and adults. The goals of this study were to examine the developmental trajectory of expression recognition and examine the development of (...) an OAB. Participants were asked to find a target face displaying an emotional expression among eight neutral faces. Results showed that children and adults found happy faces significantly faster than angry and fearful faces regardless of it being present on the faces of peers or non-peers. Adults responded faster to the faces of peers regardless of the expression. Furthermore, while children detected angry faces significantly faster compared to fearful ones, we found no such difference in adults. In contrast, adults detected all expressions significantly faster when they appeared on the faces of other adults compared to the faces of children. In sum, we found evidence for development in detecting facial expressions and also an age-dependent increase in OAB. We suggest that the happy face could have an advantage in visual processing due to its importance in social situations and its overall higher frequency compared to other emotional expressions. Although we only found some evidence on the OAB, using peer or non-peer faces should be a theoretical consideration of future research because the same emotion displayed on non-peers’ compared to peers’ faces may have different implications and meanings to the perceiver. (shrink)

Digital parenting tools, such as child-tracking technologies, play an ever-increasing role in contemporary child rearing. To explore opinions and experiences related to the use of such tracking devices, we conducted Q methodology and a semi-structured individual interview-study with Estonian parents and their 8- to 13-year-old pre-teens. Our aim was to study how such caring dataveillance was rationalized within the families, and to explore the dominant parenting values associated with the practice. Relying upon communication privacy management theory, the issues of privacy (...) related to such intimate surveillance were also studied. Three factors relating to the use of tracking technologies were extracted from both parents and pre-teens. Tracking technologies were viewed as parental aids that made it possible to ease anxieties and provide assurance to parents and children alike. Although children did not associate the use of tracking technologies with intrusion on privacy, they expected to have a chance to coordinate their privacy boundaries. (shrink)

This paper argues that group attitudes can be assessed in terms of standards of rationality and that group-level rationality need not be due to individual-level rationality. But it also argues that groups cannot be collective epistemic agents and are not collectively responsible for collective irrationality. I show that we do not need the concept of collective epistemic agency to explain how group-level irrationality can arise. Group-level irrationality arises because even rational individuals can fail to reason about how their attitudes will (...) combine with those of others. In some cases they are morally responsible for this failure, in others they are not. Moreover, the argument for collective epistemic agency is incoherent because reasons-for-groups are ipso facto reasons-for-individual. Instead of talking about reasons-for-groups, we should therefore distinguish between self-regarding reasons and group-regarding reasons. Both kinds of reasons are reasons-for-individuals. These conceptual considerations in favour of moderate individualism are strengthened by an analysis of our moral practice of responding to collective shortfalls of rationality and by the unpalatable moral implications of collectivism about epistemic agency. There is no need to change the subject. Groups can be rational or irrational, but they do not reason. (shrink)

Neanderthal extinction is a matter of intense debate. It has been suggested that demography (as opposed to environment or competition) could alone provide a sufficient explanation for the phenomenon. We argue that demography cannot be a ‘stand-alone’ or ‘alternative’ explanation of token extinctions as demographic features are entangled with competitive and environmental factors, and further because demography should not be conflated with neutrality.

Mutually beneficial exchanges in markets can be exploitative because one party takes advantage of an underlying injustice. For instance, employers of sweatshop workers are often accused of exploiting the desperate conditions of their employees, although the latter accept the terms of their employment voluntarily. A weakness of this account of exploitation is its tendency for over-inclusiveness. Certainly, given the prevalence of global and domestic socioeconomic inequalities, not all exchanges that take place against background injustices should be considered exploitative. This paper (...) offers a framework to identify exploitation in mutually beneficial exchange, focusing on the case of sweatshop labor. It argues that an employer can be viewed as taking unfair advantage of an underlying injustice if and only if the employer’s surplus from the exchange in the unjust state of affairs exceeds the surplus it could maximally obtain in a just state of affairs. The paper illustrates the applicability of this framework using three different conceptions of justice and argues that it is superior to microlevel accounts of exploitation that regard background justice as irrelevant. The paper concludes by describing some normative implications that follow from judging an exchange exploitative. (shrink)

This paper develops an account of how economic and political institutions can limit the applicability of principles of justice even in non-relational cosmopolitan conceptions. It shows that fundamental principles of justice underdetermine fair distributive shares as well as justice -based requirements. It argues that institutions partially constitute the content of justice by determining distributive shares and by resolving indeterminacies about justice -based requirements resulting from strategic interaction and disagreement. In the absence of existing institutions principles of justice might not be (...) applicable for assessing distributions or guiding individual action and institutional design. Hence, accepting a specific cosmopolitan conception of justice is insufficient to settle global distributive questions. (shrink)

The thirty year long friendship between Imre Lakatos and the classic scholar and historian of mathematics Árpád Szabó had a considerable influence on the ideas, scholarly career and personal life of both scholars. After recalling some relevant facts from their lives, this paper will investigate Szabó's works about the history of pre-Euclidean mathematics and its philosophy. We can find many similarities with Lakatos' philosophy of mathematics and science, both in the self-interpretation of early axiomatic Greek mathematics as Szabó reconstructs it, (...) and in the general overview Szabó provides us about the turn from the intuitive methods of Greek mathematicians to the strict axiomatic method of Euclid's Elements. As a conclusion, I will argue that the correct explanation of these similarities is that in their main works they developed ideas they had in common from the period of intimate intellectual contact in Hungarian academic life in the mid-twentieth century. In closing, I will recall some relevant features of this background that deserve further research. (shrink)

The prevailing justification for constitutional institutions is that such institutions reflect and enable rational solutions to social problems. However, constitutions are constructed through emotionally driven processes that reflect both the public sentiments of the day and, at least to some extent, basic moral emotions. Historical examples from France and the United States demonstrate the role of such emotional processes in shaping the design of liberal constitutionalism. Further, constitutional law both sets and regulates emotional display rules; favors or disfavors certain emotional (...) commitments; and, particularly through the formulation of fundamental human rights, reflects and shapes emotional moral judgments. The emotional contributors to constitutional design and interpretation may be called “constitutional sentiments.”. (shrink)

The article analyzes ethnic data collection pertaining to criminal justice in Hungary. With such a sensitive and delicate issue at hand, Hungary has decided on an evasive approach, resisting ethnic data collection by law enforcement authorities. The author argues that this approach has become one of the obstacles in fighting discrimination and ethnic profiling. Moreover, Hungary’s restrictive approach to ethno-national data classification also causes severe constitutional problems in other, noncriminal legal circumstances, where ethnic data is used in the context of (...) additional rights and affirmative protection provided for ethno-national minorities. The first part of the article describes general problems relating to ethnic data collection and analyses of the Hungarian minority protection framework, in particular, the minority self-government structure (a unique constitutional institution). The second part focuses on the criminal justice system; the author’s aim is to show that prohibiting the official recognition and collection of data on ethnicity by criminal justice authorities has potentially ethnically discriminatory consequences. (shrink)

Filosofía antigua -- Filosofía medieval : heavy metal y religión -- Filosofía moderna y contemporánea.

The original proposal of H. H. Pattee (1971) of basing quantum theoretical measurement theory on the theory of the origin of life, and its far reaching consequences, is discussed in the light of a recently emerging biological paradigm of internal measurement. It is established that the "measurement problem" of quantum physics can, in principle, be traced back to the internal material constraints of the biological organisms, where choice is a fundamental attribute of the self-measurement of matter. In this light, which (...) is shown to be a consequence of Pattee's original suggestion, it is proposed that biological evolution is a gradual liberation from the inert unity of "subject" and "object" of inanimate matter (as "natural law" and "initial conditions"), to a split biological existence of them and, as a consequence, the "message of evolution" is freedom, rather than complexity in itself. Some classical philosophical systems are brought into context to show that the epistemologies of several strictly philosophical systems of the social sciences are well acquainted with the problem and their solutions support our conclusions. (shrink)

Three distinct turning points (“bottleneck breakings”) in universal evolution are discussed at some length in terms of “self-reference” and (corresponding) “Reality Principles.” The first (origin and evolution of animate Nature) and second (human consciousness) are shown to necessarily precede a third one, that of Marxist philosophy. It is pointed out that while the previous two could occupy a natural (so in a sense neutral) place as parts of human science, the self-reference of Marxism, as a _social_ human phenomenon, through its (...) direct bearings on the _practice_ of society, did have a stormy history. I conclude that the fall of Bolshevism was unavoidable, and still, we might uphold our hope for a truly free society of humankind, just on the very basis of what we have learned of the fate of Marxist philosophy as such, as a _recursively evolving_ social _practice_: the freedom of humankind of its own ideological burdens (constraints). (shrink)

The constitutional freedom of the individual is a specific legal permission to perform certain act-types by virtue of the constitution. Legal and constitutional permissions are either negative permissions, consisting of the lack of obligation or prohibition to perform a conduct, or positive permissions rendering the performance of certain acts possible. Further, a distinction is proposed between legal systems containing their constitution and those not containing their constitution. In the former, constitutional freedom is the freedom to perform any conduct, i.e. any (...) conduct neither obligatory nor prohibited by the law. In legal systems containing their constitution constitutional freedom includes all the act-types obligatorily permitted in the constitution as denominated freedom-rights. The final section contends that the “general right to freedom” is but a special case of the constitutional principle of equality. (shrink)

« Dem Namenlosen fühl ich mich vertrauter… »R. M. Rilke : Fortschritt Bien que les fragments des Âges du monde, promesses pour toujours inaccomplies d’un chef-d’œuvre de la période médiane de F. W. J. von Schelling, comptent parmi les écrits les plus populaires du philosophe de Leonberg, leur puissance philosophique et, par suite, leur importance dans la formation de la pensée schellingienne sont souvent sous-estimées par l’historiographie philosophique en général et par la réception francoph...

If the task of constitutional theory is to set out a language in which the discourse of constitutional law may be grounded, a question of the utmost importance is how this terminology is created, defined and interpreted. In this groundbreaking new work, András Jakab maps out and analyses the grammar and vocabulary on which the core European traditions of constitutional theory are based. He suggests understanding key constitutional concepts as responses to historical and present day challenges experienced by European societies. (...) Drawing together a great and diverse range of literature, much of which has never before been touched upon by scholarship in the English language, Jakab reconceptualises and argues for a new understanding of European constitutional law discourse. In so doing he shines new light on what constitutes its distinctively European nature. This remarkable book is essential reading for all scholars and students of constitutional theory in Europe and beyond. (shrink)

Individualists hold that moral responsibility can be ascribed to single human beings only. An important collectivist objection is that individualism is morally deficient because it leaves a normative residue. Without attributing responsibility to collectives there remains a “deficit in the accounting books” (Pettit). This collectivist strategy often uses judgment aggregation paradoxes to show that the collective can be responsible when no individual is. I argue that we do not need collectivism to handle such cases because the individualist analysis leaves no (...) responsibility-deficit. Harm suffered in such situations can have only two sources. Harm is either due to culpable wrongdoing by individuals. Harm is then redressed by holding these individuals responsible. Or harm does not result from culpable wrongdoing. Such harm may have to be redressed too, but not because anyone is responsible for it. Therefore, the charge of moral insensitivity against individualist accounts can be rejected. Furthermore, in the last section of the chapter I will show that collectivist talk about moral responsibility can be used for ethically questionable purposes as well. Collectivists cannot claim the moral high ground. (shrink)

The scenario of Homo sapiens origin/s within Africa has become increasingly complex, with a pan-African perspective currently challenging the long-established single-origin hypothesis. In this paper, we review the lines of evidence employed in support of each model, highlighting inferential limitations and possible terminological misunderstandings. We argue that the metapopulation scenario envisaged by pan-African proponents well describes a mosaic diversification among late Middle Pleistocene groups. However, this does not rule out a major contribution that emerged from a single population where crucial (...) derived features—notably, a globular braincase—appeared as the result of a punctuated, cladogenetic event. Thus, we suggest that a synthesis is possible and propose a scenario that, in our view, better reconciles with consolidated expectations in evolutionary theory. These indicate cladogenesis in allopatry as an ordinary pattern for the origin of a new species, particularly during phases of marked climatic and environmental instability. (shrink)

Many believe that values are crucially dependent on emotions. This paper focuses on epistemic aspects of the putative link between emotions and value by asking two related questions. First, how exactly are emotions supposed to latch onto or track values? And second, how well suited are emotions to detecting or learning about values? To answer the first question, the paper develops the heuristics-model of emotions. This approach models emotions as sui generis heuristics of value. The empirical plausibility of the heuristics-model (...) is demonstrated using evidence from experimental psychology, evolutionary anthropology and neuroscience. The model is used then to answer the second question. If emotions are indeed heuristics of value, then it follows that emotions can be an important and useful source of information about value. However, emotions will not be epistemically superior in the sense of being the highest court of appeal for the justification of axiological beliefs (the latter view is referred to as the Epistemic Dependence Thesis, or EDT for short). The paper applies the heuristics-model to celebrated cases from the philosophy of emotions literature arguing that while the heuristics-model offers a good explanation of typical patterns of emotional reactions in such cases, advocates of EDT will have a hard time accounting for these patterns. The paper also shows that the conclusions drawn from special cases generalize. The paper ends by arguing that skepticism about the metaethical significance of emotions is compatible with a commitment to the importance of emotions in first-order normative ethics. (shrink)

There are several reasons to explore the role theater played in the life of Søren Kierkegaard and in the inspiration for his works. There are probably more reasons to analyze the role Kierkegaard played for theater, both as a source of inspiration and as a thinker reflecting on different facets of drama, performance, and acting. In the present study I focus on the diversity and complexity of Kierkegaard’s views on theater to elaborate on the possible connections and types of influence (...) he exercised on stage artists and theorists, shaping our contemporary theater theories. Approaches include literature, philosophy, theology, staging, acting, audience, and the history of theater, both in Kierkegaard’s times and later. (shrink)

There are two approaches to the Hungarian Revolution of 1956: to view it as a national or as a social affair; a fight for national independence or for a revolutionary transformation of society. The two approaches can be collapsed into a comprehensive one in the name of autonomy, and this is what Feher and Heller did, remaining mindful, however, of the two major and irreducible aspects of the actual events and their motivating forces. Their main argument is threefold. The people (...) in revolt wanted to establish a “dual system” of a socialist economy and a political pluralism; they wanted a renegotiation of the Yalta and Potsdam agreements; and in the course of the revolution they achieved a national consensus that could actively negotiate a compromise implied by both major aims. (shrink)