In Amerika wie auch in Deutschland wird die Verletzung der ärztlichen Aufklärungspflicht im Arzthaftungsprozess als Alternativklagegrund angeführt für den Fall, dass der Nachweis eines Behandlungsfehlers (malpractice) nicht gelingt. Gegenstand dieser Arbeit ist es, die zahlreichen amerikanischen Gerichtsentscheidungen sowie die juristische Literatur im Vergleich mit dem deutschen Recht darzustellen und zu untersuchen, ob sich Fallgruppen bilden und Regeln ableiten lassen, denen in beiden Rechtsordnungen Gültigkeit zukommt.

ABSTRACT:The transition from modern to postmodern society leads to changing expectations about the purpose and responsibility of leadership. Habermas’s social theory provides a useful analytical tool for understanding current societal transition processes and exploring their implications for the responsibility of business vis-à-vis society. We argue that integrative responsible leadership, in particular, can contribute to the reconciliation of business with societal goals. Integrative responsible leadership understood in a Habermasian way is not only a strategic endeavor but also a communicative endeavor. An (...) essential part of integrative responsible leadership in light of the current societal transformation processes is the facilitation of discourses about a shared base of norms and values. This is exemplified alongside current societal developments like the European migration crisis or the emerging nationalist and fundamentalist movements in some countries. We specify how and when leadership should resort to communicative action and discuss the implications for leadership. (shrink)

Dieser Buchtitel ist Teil des Digitalisierungsprojekts Springer Book Archives mit Publikationen, die seit den Anfängen des Verlags von 1842 erschienen sind. Der Verlag stellt mit diesem Archiv Quellen für die historische wie auch die disziplingeschichtliche Forschung zur Verfügung, die jeweils im historischen Kontext betrachtet werden müssen. Dieser Titel erschien in der Zeit vor 1945 und wird daher in seiner zeittypischen politisch-ideologischen Ausrichtung vom Verlag nicht beworben.

This book addresses a seemingly marginal and as yet sparsely discussed policy problem that turns out to open a window into longstanding debates at the very heart of normative ethics, metaethics, and practical rationality more broadly: Should we contact the last uncontacted peoples? Over the course of this book, I will explore grounds for three responses to this question: yes, no, and rejecting the question. First, I aim to show that even though the case of uncontacted people stirs up some (...) hard problems for theories of justice and well-being, they still warrant a presumption in favour of intervention: It seems that we would have similar duties towards uncontacted people as we are regularly taken to have towards contacted people similarly placed – if being contacted would be good for them. And it looks as though it would be, based on considerations of welfare more broadly and reasons of autonomy in particular. Still, intuitively there seems to be a strong presumption against intervention – or so widely accepted policies of non-intervention would suggest. I go on to explore two options for why intervention may be wrong overall: It may turn out to be harmful or impermissibly risky upon closer inspection of contingent circumstances; or it may be that extinguishing uncontacted cultures is bad independently of the interests of those living in them. Two further options challenge the viability of the question: I consider whether the case of uncontacted peoples undermines the very bases of our moral judgments, perhaps instantiating what Bernard Williams sought to capture with the idea of a relativism of distance. Lastly, I address whether the question of one’s self-interest in this matter challenges practical rationality more fundamentally by being a transformative choice or one between incomparable options. (shrink)

There seems to exist a general consensus on how to conceptualize cooperation in the field of international relations (IR). We argue that this impression is deceptive. In practice, scholars working on the causes of international cooperation have come to implicitly employ various understandings of what cooperation is. Yet, an explicit debate about the discipline's conceptual foundations never materialized, and whatever discussion occurred did so only latently and without much dialog across theoretical traditions. In this paper, we develop an updated conceptual (...) framework by exploring the nature of these differing understandings and situating them within broader theoretical conversations about the role of cooperation in IR. Drawing on an array of studies in IR and philosophy, our framework distinguishes between three distinct types of cooperative state interactions – cooperation through tacit policy coordination (‘minimal’ cooperation), cooperation through explicit policy coordination (‘thin’ cooperation), and cooperation based on joint action (‘thick’ cooperation). The framework contributes to better theorization about cooperation in two main ways: it allows scholars across theoretical traditions to identify important sources of disagreement and previously unnoticed theoretical common ground; and the conceptual disaggregation it provides grants scholars crucial theoretical leverage by enabling type-specific causal theorization. (shrink)

People prefer linguistic stimuli with an inward (e.g. BODIKA) over those with an outward articulation dynamic (e.g. KODIBA), a phenomenon known as the articulatory in-out effect. Despite its robustness across languages and contexts, the phenomenon is still poorly understood. To learn more about the effect’s boundary conditions, mental representation, and origin, we crossed the in-out effect with evaluative conditioning research. In five experiments (N = 713, three experiments pre-registered), we systematically paired words containing inward versus outward dynamics with pictures of (...) negative versus positive valence. Although this evaluative conditioning procedure reversed the preference for inward over outward words, this was the case only for words with the same consonant sequences as the conditioned words. For words with inward/outward dynamics but different consonant sequences than the conditioned ones, a regular in-out effect emerged. Also, no preference reversal at all emerged for the conditioned consonant sequences when the contingency between single consonants at specific positions and positive/negative valence was zero. Implications of these findings for the in-out effect and evaluative conditioning are discussed. (shrink)

The method of explication has been somewhat of a hot topic in the last 10 years. Despite the multifaceted research that has been directed at the issue, one may perceive a lack of step-by-step procedural or structural accounts of explication. This paper aims at providing a structural account of the method of explication in continuation of the works of Geo Siegwart. It is enhanced with a detailed terminology for the assessment and comparison of explications. The aim is to provide means (...) to talk about explications including their criticisms and their interrelations. There is hope that this treatment will be able to serve as a foundation to a step-by-step guide to be established for explicators. At least it should help to frame and mediate explicative disputes. In closing the enterprise will be considered an explication of ‘explication’, though consecutive explications improving on this one are undoubtedly conceivable. (shrink)

Dieses Open-Access-Buch gibt aktuelle interdisziplinäre Forschungseinblicke rund um das Fab City-Konzept. Ein Ansatz, der beschreibt, wie Produktions- und Konsumptionsweisen gestaltet werden können, sodass einerseits globale Kollaboration in und durch Communities von der Ideengenerierung bis zur Produktentwicklung physischer Güter mittels quelloffener Technologien (Open Source Software und Hardware) ermöglicht wird und andererseits die Produktion dieser Güter lokal und somit möglichst nahe am Ort des Bedarfs sowie dezentral im Sinne einer verteilten Produktion erfolgen kann, beispielsweise in Fab(rication) Labs. Ziel ist die Schaffung einer (...) möglichst nachhaltigen Produktion bzw. Wertschöpfung. Ökologisch nachhaltig, indem lange Transportwege vermieden und auf Grundlage von Kreislaufprinzipien lokale Stoffkreisläufe geschlossen werden. Ökonomisch nachhaltig, indem durch quelloffene Technologien Wettbewerbsbeschränkungen und durch föderierte Ansätze Abhängigkeiten vermieden werden. Sozial nachhaltig durch ein partizipatives Wertschöpfungssystem, in dem der Zugang zu Wissen und Knowhow sowie zu Produktionsmitteln unbeschränkt ist. Über den gesamten Produktentstehungsprozess und -lebenszyklus enthält das vorliegende, bilinguale Werk in deutscher und englischer Sprache Beiträge aus den Bereichen Citizen & Collaborative Innovation and Design, Circular Design & Economy, Open-Source-Software-Tools für die Entwicklung von Open Source Hardware, Digital Product Passport, föderierte (Open-Source-) Systeme, die Verbreitung von Open Source Hardware sowie technical literacy und economic governance. Prof. Neil Gershenfeld, Director of MIT's Center for Bits and Atoms, and Chairman of the board of The Fab Foundation: "For many years the growth of cities has been an inexorable trend, with cities acting as regional magnets and engines; the resources enabling a Fab City can also help expand opportunity beyond cities. There is now an opportunity and need for labs that can develop, deploy, and measure the frontiers of Fab City technologies. This book provides a much-needed snapshot of the current state of that challenge." Tomas Diez, Executive Director of the Fab City Foundation: "This book is an invitation for large-scale collaboration to build distributed system that can support the development of alternative modes of production, in line with the social and ecological needs of our time.". (shrink)

It is widely assumed that emotions are evaluative. Moreover, many authors suppose that emotions are important or valuable as evaluations. According to the currently dominant version of cognitivism, emotions are evaluative insofar as they make us aware of value properties of their intentional objects. In attributing to emotions an epistemic role, this view conceives of them as epistemically valuable. In this paper, I argue that proponents of this account mischaracterize the evaluative character of emotions and, a fortiori, their value. Moreover, (...) I propose an alternative view of emotional evaluation, according to which emotions are practically rather than epistemically important. As I argue, emotions are ways of acknowledging their intentional objects as (dis)valuable. As such, they do not apprehend values but make them count. I elaborate this idea by drawing an analogy with legal and political sanctions. The resulting view has it that emotions are practically important in that they affirm the cares and concerns which serve as standards of emotional evaluation. (shrink)

Tension and suspense are powerful emotional experiences that occur in a wide variety of contexts (e.g., in music, film, literature, and everyday life). The omnipresence of tension experiences suggests that they build on very basic cognitive and affective mechanisms. However, the psychological underpinnings of tension experiences remain largely unexplained, and tension and suspense are rarely discussed from a general, domain-independent perspective. In this paper, we argue that tension experiences in different contexts (e.g., musical tension or suspense in a movie) build (...) on the same underlying psychological processes. We discuss key components of tension experiences and propose a domain-independent model of tension and suspense. According to this model, tension experiences originate from states of conflict, instability, dissonance, or uncertainty that trigger predictive processes directed at future events of emotional significance. We also discuss possible neural mechanisms underlying experiences of tension. The model provides a theoretical framework that can inform future empirical research on tension phenomena. (shrink)

This article provides a re-evaluation of David Hume's intensive reading of the classics at an important moment of his literary and intellectual career. It sets out to reconstruct the extent and depth of this reading as well as the uses – scholarly, philosophical and polemical – to which Hume put the information he had gathered in the course of it. The article contends that Hume read the classics against the grain to collect data on a wide range of cultural information (...) which he could utilise for a number of literary and philosophical projects he was engaged in during the early 1750s. This reading soon came to pervade almost all aspects of Hume's literary activities of that period and resulted in what is here described as a fragmentary history of classical antiquity. As a result Hume's reading of the classics emerges from this article as both more extensive and more significant than has so far been acknowledged. (shrink)

This encyclopedia article provides a procedural account of explication outlining each step that is part of the overall explicative effort (2). It is prefaced by a summary of the historical development of the method (1). The latter part of the article includes a rough structural theory of explication (3) and a detailed presentation of an examplary explication taken from the history of philosophy and the foundations of mathematics (4).

This paper contributes to the calculization of evocation and erotetic implication as defined by Inferential Erotetic Logic (IEL). There is a straightforward approach to calculizing (propositional) erotetic implication which cannot be applied to evocation. First-order evocation is proven to be uncalculizable, i.e. there is no proof system, say FOE, such that for all X, Q: X evokes Q iff there is an FOE-proof for the evocation of Q by X. These results suggest a critique of the represented approaches to calculizing (...) IEL. This critique is expanded into a programmatic reconsideration of the IEL-definitions of evocation and erotetic implication. From a different point of view these definitions should be seen as desiderata that may or may not play the role of a point of orientation when setting up "rules of asking". (shrink)

We argue that the need for commentary in commonly used linear calculi of natural deduction is connected to the “deletion” of illocutionary expressions that express the role of propositions as reasons, assumptions, or inferred propositions. We first analyze the formalization of an informal proof in some common calculi which do not formalize natural language illocutionary expressions, and show that in these calculi the formalizations of the example proof rely on commentary devices that have no counterpart in the original proof. We (...) then present a linear natural deduction calculus that makes use of formal illocutionary expressions in such a way that unique readability for derivations is guaranteed – thus showing that formalizing illocutionary expressions can eliminate the need for commentary. (shrink)

Rückert. - Gottfried Keller. - Berthold Auerbach. - Paul Heyse. - Reuter, Raabe, Goltz. - Literarisches kunterbunt. - Schillerstiftung. - Aus der welt des theaters. - Kulturgeschichtliches. - Paris. - Äckerleins keller. - Berliner erinnerungen. - Wiener erinnerungen. - Schönefeld. - Das kleine diner als kuturelement. - Herbartdenkmal. - Meine vier alten. - Am preussischen hof. - Kriegsakademie. - Fontane kriegsgefangen. - Tunnel und Ellora. - Das Rütli. - Register.

The traditional use of the expression 'pseudoproblem' is analysed in order to clarify the talk of pseudoproblems and related phenomena. The goal is to produce a philosophically serviceable terminology that stays true to its historical roots. This explicative study is inspired by and makes use of the method of logical reconstruction. Since pseudoproblems are usually expressed by pseudoquestions a formal language of questions is presented as a possible reconstruction language for alleged pseudoproblems. The study yields an informal theory of pseudoproblems (...) whose presuppositions are critically investigated right away. At least one result remains: Claims of pseudoproblemship and their refutations must not be voiced casually - they are to be relativized and need substantial interpretive effort. (shrink)

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain (...) in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

Political methodologists have long sought to develop standards that can guide political scientists in the process of concept formation. Yet, the methodology literature has struggled to provide satisfactory solutions to the fundamental problem of conceptualization: for any given concept, there are a large number of attributes one could postulate as its defining characteristics, and it is unclear how to adjudicate between different possible definitions. We leverage the fact that the theory within which a concept appears places important restrictions on concept (...) formation: conceptualizations entail ontological claims that need to be consistent with those of the theories in which they appear. (shrink)

Translator's introduction -- Fundamental questions of geometry -- The decidability requirement -- The origin of the concept of number -- Implicit definition and the proper grounding of mathematics -- Rigid bodies in geometry -- Prelude to geometry : the essential ideas -- Physical and mathematical geometry -- Natural geometry -- The concept of the differential -- Reflections on the proper grounding of mathematics I -- Concepts and proofs in mathematics -- Dimension and space in mathematics -- Reflections on the proper (...) grounding of mathematics II -- The axiomatic method in modern mathematics. (shrink)

People prefer prototypical stimuli over atypical stimuli. The dominant explanation for this prototype preference effect is that prototypical stimuli are processed more fluently. However, a more recent account proposes that prototypes are more strongly associated with their category’s valence, leading to a reversed prototype preference effect for negative categories. One critical but untested assumption of this category-valence account is that no prototype preference should emerge for entirely neutral categories. We tested this prediction by conditioning categories of dot patterns positively, negatively, (...) or neutrally. In line with previous findings on the category-valence account, prototype preference reversed for negatively conditioned categories. However, prototype preference was similarly strong for positive and neutral categories. These findings imply that prototype preferences do not only reflect a transfer of category valence to exemplars. Instead, the results suggest that prototype preference is a multi-process phenomenon arising from the activated category valence and a fluency-based process. We discuss further implications for theories on fluency and prototype preference. (shrink)