In this paper I argue that the almost forgotten early dissertation of the phenomenologist Hans Reiner Freiheit, Wollen und Aktivität. Phänomenologische Untersuchungen in Richtung auf das Problem der Willensfreiheit engages with what I call the unity problem of activity. This problem concerns the question whether there is a structure in virtue of which all instances of human activity—and not only “full-blown” intentional actions—can be unified. After a brief systematic elucidation of this problem, which is closely related to the contemporary (...) “problem of action,” I elaborate and critically discuss two relevant threads running through Reiner’s work. The first view concerns the alleged motivational asymmetry between activity and passivity according to which it is essential only for active experiences to be motivated by an underlying passivity. The second view focuses on Reiner’s phenomenology of the will, especially on his notions of “ego-centrality” and “inner will” the latter being introduced in analogy to Brentano’s notion of “inner consciousness.” These two notions are supposed to unify all manifestations of the human will, including “full-blown” intentional actions and non-intentional doings such as laughter. Reiner’s extension of will-based actions to non-intentional activity is one of the most remarkable aspects of his early work. Finally, I show that Reiner ultimately answers the unity problem in the negative because he ends up with the view that besides will-based agency he also acknowledges so-called “motor activity” which is not intrinsically related to the will. I close with a couple of tentative proposals how volitional and motor actions might be unified nonetheless. (shrink)

Im Wintersemester 1967/68 bin ich nach Göttingen gegangen, um dort ein Studium der Germanistik, Klassischen Philologie und Philosophie zu beginnen. Schon im zweiten Semester habe ich die Philosophie anstelle der Germanistik als Hauptfach genommen. Die Philosophie in Göttingen wurde damals von Günther Patzig und Erhard Scheibe vertreten, der eine die Kapazität der klassischen griechischen Philosophie in Deutschland, der andere – mit einem massiven Hintergrund in der Mathematik und Physik – in der Wissenschaftstheorie und Logik zu Hause.

The series, founded in 1970, publishes works which either combine studies in the history of philosophy with a systematic approach or bring together systematic studies with reconstructions from the history of philosophy. Monographs are published in English as well as in German. The founding editors are Erhard Scheibe (editor until 1991), Günther Patzig (until 1999) and Wolfgang Wieland (until 2003). From 1990 to 2007, the series had been co-edited by Jürgen Mittelstraß.

Written in the 1960s, TRUTH AND METHOD is Gadamer's magnum opus.

Architecture and urbanism seem to be »weak« disciplines, constantly struggling for a better understanding of their nature and disciplinary borders. The huge amount of metaphors appearing in the discourse of both not only reference to their creative nature but also indicate their weakness and the missing piece strengthening their own understanding: a definition of space for architecture and of city for urbanism. But using metaphors in this field implies a problem - though metaphors achieve to bring opposites together, there remains (...) the question how literal they can actually become in order to relate to these subjects properly. In this volume, several authors from various fields using different approaches discuss this question. (shrink)

Émile Durkheim remains one of the most controversial, and deeply misunderstood, classics of social theory. His work differs from the dominant version of sociology that has essentially accepted the modernist self-description of contemporary societies; and it contradicts the individualism that has come to dominate the social sciences. For everybody who is interested in constructing theoretical alternatives to this individualism, Durkheim's sociology can be a useful inspiration - not only because of the solutions it suggests, but already because of the questions (...) it asks. Making use of the theoretical possibilities offered by the Durkheimian tradition, however, requires going beyond the familiar appropriations. The Oxford Handbook of Émile Durkheim takes stock of the different recent debates on Durkheimian sociology, and makes them accessible to a wide audience spanning various disciplines; this includes crucial debates that, due to language barriers, are not easily accessible for an English-reading public. The handbook's chapters elucidate the controversial key concepts of Durkheimian sociology; situate them within the contemporary political and theoretical debates they were originally responding to; offer surveys of empirical research that uses Durkheimian concepts (on topics that were already central for Durkheim's own work as well as on topics that Durkheim hardly touched upon), thus demonstrating the possibilities of a Durkheimian sociology; bring out the divergent, and competing, ways in which Durkheim's ideas have been appropriated and reformulated within more recent theoretical developments in the social sciences. In doing so, this volume is an important resource for all scholars and students looking to understand Durkheimian sociology. (shrink)

Article III of the U.S. Constitution establishes an independent federal judiciary: federal courts constitute a separate branch of the national government, federal judges enjoy tenure during good behavior, and their salaries cannot be diminished while they hold office. The framers who drafted Article III in 1787 were not working from whole cloth. Rather, they were familiar with the preceding colonial and state practices, including those from New York. This essay provides a case study of New York's judicial history: the Dutch (...) period, 1621-1664; the Ducal proprietary period, 1664-1685; the Royal period, 1685-1776; and the early state period. As will be seen, New York—among the most significant of the original thirteen states—was a state groping towards a new ideal of judicial independence: an ideal that became a reality a decade after its own constitution was enacted in 1777 and at a different level of government. Significantly, the uncertain status of New York's judiciary had profound consequences for the ultimate expression of judicial independence, judicial review. (shrink)

Decisions in healthcare are made against the background of cultural and philosophical definitions of disease, sickness and illness. These concepts or definitions affect both health policy and research , as well as individual encounters between patients and physicians . It is therefore necessary for evidence-based medicine to consider whether any of the definitions underlying research prior to the hierarchisation of knowledge are indeed compatible with its own epistemological principles.

ABSTRACT This article deals with a cluster of moral problems raised by the new techniques of human fertilisation. It is concerned primarily with the putative rights of embryos brought into being as a by‐product of the practice of in vitro fertilisation. In this connection it investigates the basis for the ascription of rights to entities and asserts the view that consciousness is a pre‐requisite for the possession of rights. It draws attention to the speciesism implicit in attitudes of some of (...) those who have contributed to the debate. It also examines other issues briefly, raising, for example, the question whether children by AID (or by in vitro fertilisation by donor) must be denied access to information about their genetic fathers; and looking at objections to the new techniques based on the so‐called unnaturalness of the procedures involved. (shrink)

There has been a flood of scholarship over the years on whether there is a “right to privacy” in the Constitution of the United States.Griswold v. Connecticut(1965) was, of course, the Supreme Court decision that opened the floodgates to this river of commentary. A subject search for “privacy, right of” in the College of William and Mary's on-line library catalog located 360 book titles. A perusal of the leading law review bibliographic indices turned up still more. Whether the Constitution contains (...) some sort of “right to be let alone” is plainly one of the central questions of contemporary constitutional discourse. (shrink)

The global ecological crisis is upon us. From global warming to the long-term implications of ocean acidification, air and water pollution, deforestation, and the omnipresent dangers of nuclear technology the future of our planetary home is threatened. Yet in the midst of the unfolding crisis, the conventional ideologies of the twentieth century and their representations of nature remain unchallenged by both the defenders of capitalism and capitalism's most radical critics. The Distortion of Nature's Image illustrates how the anti-naturalism of late (...) capitalist society, in which nature is reified into the emptiness of mere matter, simply a thing to be dominated, is subtly complemented by the failure of the Left to go both beyond the historic limitations of Marx's ninteenth-century viewpoint and beyond anarchism's blind faith in "natural law." However, an alternative for comprehending nature and the ecological crisis as historical and social phenomena remains open in the dialectical naturalism of Western Marxism and Murray Bookchin's social ecology. By examining in closer detail how Bookchin's social ecology politicizes the concept of nature, as well as how precursory models in Western Marxist thought provide a foundation for this, Damian Gerber illustrates how the notion of an ecological society remains a decisively political question. (shrink)

Ever since Parmenides, one of philosophy's riddles has been how we are able to direct our thoughts to non-being. Erhard uses the problem of non-existence as the starting point for an analysis of Husserl's phenomenology. He examines Husserl's interpretation of judgments about non-being as judgments made "under assumption" and his analysis of "free fantasy." Erhard thus demonstrates that Husserl is compatible with today's non-relational theories.

Este artículo trata sobre la discusión en torno al conflicto entre la seguridad y la libertad, y, más concretamente, entre la prevención policial y los derechos de los ciudadanos. El autor va más allá de la mera afirmación de que entre esos dos polos existe una relación de tensión, e intenta fijar los elementos que en el Estado de Derecho son absolutamente irrenunciables si es que no se quiere abandonar este tipo de Estado. Analiza para ello, críticamente, la jurisprudencia del (...) Tribunal Constitucional Federal Alemán, con referencias al acervo normativo de la Unión Europea. Su conclusión es que la intervención del Estado en la esfera privada del ciudadano debe estar sujeta a límites infranqueables, también en lo que concierne al control preventivo de riesgos relacionados con el terrorismo. (shrink)

This paper analyses the change in the notion of fundamental and human rights in Germany and throughout the European Union during the process of European integration. This change, that can be summarized in the formula “from human rights to state tasks,” signifies the integration and partial amendment of the French Revolution's ideals (liberté, égalité, fraternité) with the new ideals of security, diversity and solidarity. These new ideals make it necessary for the state to play a positive role in devising, for (...) example, a policy of minority recognition and a long list of social rights. These rights are often translated into merely generic “norms on state objectives” and not directly binding law in force. This means that such rights increasingly become a political and legislative issue making it more difficult for the Courts to offer guarantees. (shrink)

Like Kant at his time, Jürgen Habermas wants to encourage the reader to use his „reasonable liberty“. There is no doubt, that the philosophical positions of Kant on the one hand and of Hegel on the other hand hold, until today, a key role in the development of the „discourse of modern age“. In order to oppose a short-circuited synthesis of both systems, which are obliged to the idea of liberty quite differently, this essay demonstrates the substantial differences regarding to (...) elementary concepts like peculiarity of the individual will, law and legislation, people and sovereignty of the people. That both philosophers differ in their interest of questioning becomes quite clear regarding to the citizen/state relation. While Hegel tries to describe the reality of the state as a „moral universe“ and therefore as „reality of reason“, Kant is interested in knowing about the potential state togetherness of individuals which have experienced in them the „radical evil“. The differences concerning the estimation of the „subjective“ individual will in its relationship to the „objective“ will of „generality“, concerning also the (Rousseauian) concept of contract and the citizens as „co-legislators“ are culminating in the relationship between „law“ and „morality“. Whereas Kant (wrongly) ignores ethos and history, Hegel is lacking the concept of „intersubjective communication“ (so Habermas states). From both insufficiencies conclusions are resulting which are important for coping with the actual difficulties with „inclusion“ and „integration“. (shrink)

Biofilms can be viewed as tissue‐like structures in which microorganisms are organized in a spatial and functional sophisticated manner. Biofilm formation requires the orchestration of a highly integrated network of regulatory proteins to establish cell differentiation and production of a complex extracellular matrix. Here, we discuss the role of the essential Bacillus subtilis biofilm activator RemA. Despite intense research on biofilms, RemA is a largely underappreciated regulatory protein. RemA forms donut‐shaped octamers with the potential to assemble into dimeric superstructures. The (...) presumed DNA‐binding mode suggests that RemA organizes its target DNA into nucleosome‐like structures, which are the basis for its role as transcriptional activator. We discuss how RemA affects gene expression in the context of biofilm formation, and its regulatory interplay with established components of the biofilm regulatory network, such as SinR, SinI, SlrR, and SlrA. We emphasize the additional role of RemA played in nitrogen metabolism and osmotic‐stress adjustment. (shrink)

Individual questions of the institutional reforms of the representative-democratic parliamentary system, such as issues of electoral law, party law, and parliamentary law, are frequently discussed. But all these reflections - and this is the principal thesis of this article - must eventually remain without success, if they do not address the preceding basic problem concerning the democratically indispensable conditions of the mental constitution of the active citizen, the „civis“. There, a key role, consciously experienced like a paradox, falls upon the (...) renunciation of the claim to absolute truth of one’s own political convictions with regard to equally „relative-absolute“ claims for validity of others. On this base the psychological presuppositions of a modern pluralistic democracy are discussed, which thereupon are to be institutionalized: e. g. the capacity to compromise, the obligation of state neutrality in religious matters, the renunciation of hate speech, the rejection of „denial of reality“, and of allegedly „finalizing“ ideologies of history. (shrink)