One of the most famous, and most derided, arguments against the morality of abortion is the argument from potential, which maintains that the fetus' potential to become a person and enjoy the valuable life common to persons, entails that its destruction is prima facie morally impermissible. In this paper, I will revisit and offer a defense of the argument from potential.

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)

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)

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)

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)

One argument used by detractors of human embryonic stem cell research (hESCR) invokes Kant's formula of humanity, which proscribes treating persons solely as a means to an end, rather than as ends in themselves. According to Fuat S. Oduncu, for example, adhering to this imperative entails that human embryos should not be disaggregated to obtain pluripotent stem cells for hESCR. Given that human embryos are Kantian persons from the time of their conception, killing them to obtain their cells for research (...) fails to treat them as ends in themselves. (shrink)

In recent years, there has been a marked increase in the use of imaginative play in child psychotherapy, yet the theoretical conceptualization of the meaning of play is lacking behind its application in practice. In search of a deeper understanding of the phenomenon of imaginative play, the author turns to Merleau-Ponty's ontology and to his phenomenology of structure, of the lived body, of perception, and of expression. In light of his work, play is an embodied mode of being in the (...) world and a body-world phenomenon. Imaginative play in particular exemplifies the human order in that it enables the child to create and re-create his own meanings within his play world. In a therapeutic context, the evocation of play imagery and the expressive shaping and reshaping of play meanings lead to surprising insights and new discoveries relevant to the child's life-world. A central therapeutic value of imaginative play lies in its promise for facilitating change and healing. A clinical case illustration of a young boy is provided, and the meaning of his imaginative play is exemplified in light of Merleau-Ponty's thought. Some implications are drawn for the theory of play in child psychotherapy. (shrink)

In 2008, many states sought to pass Human Life Amendments, which would extend the definition of personhood to encompass newly fertilized eggs. If such an amendment were to pass, Roe v. Wade, as currently defended by the Supreme Court, may be repealed. Consequently, it is necessary to defend the right to an abortion in a manner that succeeds even if a Human Life Amendment successfully passes. J.J. Thomson's argument in “A Defense of Abortion” successfully achieves this. Her argument is especially (...) strong when one considers that her central thesis—that one person's right to life does not entail the right to use another's person's body for continued sustenance—is pervasive in legal policies in the U.S.A. (shrink)

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

In his original metabletic research on the nature of neurosis. Van den Berg revealed how, towards the 19th century, the increasingly complex and dividing nature of Western society led to the emergence of neurosis as a form of divided existence. By the mid 20th century, the manifestations of neurosis itself changed from a crystalized disorder to vague neurotic disturbances which Van den Berg related to the societal disorder, incoherence and instability which followed the second world war. He identified a series (...) of neuroticizing factors at the time including the ambivalence of society, the increased mobility, a changed sense of time, the disappearance of small groups, the weakening of family ties and the fear of death. In our postmodern world today, the nature of neurosis has changed once again and awaits a new metabletic investigation to reveal its nature and its particular manifestations. (shrink)

Name der Zeitschrift: Semiotica Jahrgang: 2014 Heft: 202 Seiten: 321-343.

In their paper 'After-birth abortion: why should the baby live?' Alberto Giubilini and Francesca Minerva argue that because there are no significant differences between a fetus and a neonate, in that neither possess sufficiently robust mental traits to qualify as persons, a neonate may be justifiably killed for any reason that also justifies abortion. To further emphasise their view that a newly born infant is more on a par with a fetus rather than a more developed baby, Giubilini and Minerva (...) elect to call this 'after-birth abortion' rather than infanticide. In this paper, I argue that their thesis is incorrect, and that the moral permissibility of abortion does not entail the moral permissibility of 'after-birth' abortion. (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.

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)

In this paper, I appeal to two aspects of Immanuel Kant’s philosophy – his metaphysics and ethics – in defense of abortion rights. Many Kantian pro-life philosophers argue that Kant’s second principle formulation of the categorical imperative, which proscribes treating persons as mere means, applies to human embryos and fetuses. Kant is clear, however, that he means his imperatives to apply to persons, individuals of a rational nature. It is important to determine, therefore, whether there is anything in Kant’s philosophy (...) that permits regarding embryos and fetuses as persons, since they lack the capacity for sentience (at least until mid-gestation), let alone rational thought. In the first part of the paper, I will illustrate why there are difficulties maintaining, from a Kantian perspective, that conception marks the genesis of a new person. Even granting that embryos and fetuses are persons, however, this alone would not entail the moral impermissibility of abortion rights, mainly because prohibiting abortion, and compelling women to gestate, violates the formula of humanity against them. Developing this thesis encompasses the second part of my essay. Finally, although I argue that Kant’s philosophy lends strong support to abortion rights, this does not thereby entail that it allows for the complete dehumanization of the human fetus. By appealing to the writings of Kantian scholar Allen Wood, I will argue that a fetus’ status as a potential person does render it worthy of some degree of respect and moral value. (shrink)

This essay discusses a less known period of Karl Mannheim's life, namely the period he spent in Hungary. I attempt to point out that the career of the young Mannheim, starting from a philosophical interest and continuing with a sociological one, is continuous. His first published works and letters prove that in the period preceding his emigration to Germany in 1919 he was concerned with questions that received their mature form in his sociology of knowledge. They include primarily the question (...) of culture, that of perspective-boundedness of cognition, interpretation and the problem of intellectuals. Despite changing disciplines from philosophy to sociology, the continuity of his oeuvre can be shown. (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)

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)

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)

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)

Civil Dialogue on Abortion provides a cutting-edge discussion between two philosophy scholars on each side of the abortion debate. Bertha Alvarez Manninen argues for her pro-choice view, but also urges respect for the life of the fetus, while Jack Mulder argues for his pro-life view, but recognizes that for the pro-life movement to be consistent, it must urge society to care more for the vulnerable. Coming together to discuss their views, but also to seek common ground, the two authors (...) show how their differing positions nevertheless rest upon some common convictions. The book helps to provide a way forward for a divide that has only seemed to widen the aisle of public discourse in recent years. This engaging book will prove essential reading for students across multiple disciplines, including applied ethics, medical ethics, and bioethics, but will also be of interest to students of religious studies and women's studies. (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)

“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)

Women as individuals experience subtle discrimination regarding career development opportunities as evidenced by research on the Glass Ceiling. This paper looks at the ramifications of technology, specifically the Internet, and how it affects women’s career opportunities.