Der Band fragt nach der Rolle des Körpers im Recht. Vertreter:innen der Philosophie, Theologie und Rechtswissenschaft untersuchen ein vielseitiges und komplexes Spektrum an Fragen, die sich aus dem Verhältnis der Begriffe „Recht" und „Körper" ergeben. In welcher rechtlichen Gestalt tritt ein (menschliches) Rechtssubjekt als Körper auf? Wie wird seine Körperlichkeit vom Recht erfasst, geschützt und normativ bestimmt und gestaltet? Was unterscheidet aus einer rechtlichen Perspektive den menschlichen vom tierischen Körper? Kann der menschliche Körper als Eigentum verstanden werden oder gehorcht er (...) einer fundamental anderen Logik? (shrink)

Kants Musikästhetik wird weithin unterschätzt. Dabei bietet sie die entscheidenden Ansätze zur Befreiung der Musik aus den Fängen der Nachahmungsästhetik, wie sie vor allem E.T.A.Hoffman kongenial umgesetzt hat.

The Repugnant Conclusion served an important purpose in catalyzing and inspiring the pioneering stage of population ethics research. We believe, however, that the Repugnant Conclusion now receives too much focus. Avoiding the Repugnant Conclusion should no longer be the central goal driving population ethics research, despite its importance to the fundamental accomplishments of the existing literature.

Methods Young healthy heterosexual couples underwent sleep-lab-based polysomnography of two sleeping arrangements: individual sleep and co-sleep. Individual and dyadic sleep parameters (i.e., synchronization of sleep stages) were collected. The latter were assessed using cross-recurrence quantification analysis. Additionally, subjective sleep quality, relationship characteristics, and chronotype were monitored. Data were analyzed comparing co-sleep vs. individual sleep. Interaction effects of the sleeping arrangement with gender, chronotype, or relationship characteristics were moreover tested. Results As compared to sleeping individually, co-sleeping was associated with about 10% (...) more REM sleep, less fragmented REM sleep (p = 0.008), longer undisturbed REM fragments (p = 0.0006), and more limb movements (p = 0.007). None of the other sleep stages was significantly altered. Social support interacted with sleeping arrangement in a way that individuals with suboptimal social support showed the biggest impact of the sleeping arrangement on REM sleep. Sleep architectures were more synchronized between partners during co-sleep (p = 0.005) even if wake phases were excluded (p = 0.022). Moreover, sleep architectures are significantly coupled across a lag of ± 5min. Depth of relationship represented an additional significant main effect regarding synchronization, reflecting a positive association between the two. Neither REM sleep nor synchronization was influenced by gender, chronotype, or other relationship characteristics. Conclusion Depending on the sleeping arrangement, couple's sleep architecture and synchronization show alterations that are modified by relationship characteristics. We discuss that these alterations could be part of a self-enhancing feedback loop of REM sleep and sociality and a mechanism through which sociality prevents mental illness. (shrink)

Previous research has focused on the relation between social class and prosocial behavior. However, this relation is yet unclear. In this work, we shed light on this issue by considering the effect of the level of empathy and the social class of the recipient of help on two types of prosociality, namely helping and caring. In one experimental study, we found that for high-class participants, empathy had a positive effect on helping, regardless of the recipient’s social class. However, empathy had (...) no effect for low-class participants. When it comes to caring, empathy had a positive effect for both high and low-class participants, but only when the recipient of help belonged to the same social class. This highlights that empathy by itself is not sufficient to promote cooperative relations and that the social class of the recipient of help should be taken into account to shed light on this issue. (shrink)

This paper presents new results regarding six Arts Masters of the Late Middle Ages. First of all, a new search target for the lost work Logica of Thomas of Cleves is suggested: a question commentary on Peter of Spain should be searched for. Second, recent research has shown that John of Hokelem is a prolific author: further findings are added here. A third notable magister artium Parisiensis of the late 14th century is Christian of Ackoy: in addition to his (...) known works, some new findings are discussed as possible or even probable works by him. Finally, the bibliography of an important magister artium Pragensis, Helmold of Salzwedel, as well as that of two Viennese Arts Masters, Conrad Seglauer and John Gossolt, is improved. In this way, the paper offers new insights into the manuscript tradition of late medieval philosophy and provides some corrections to the standard literature (C. H. Lohr, M. Markowski, and others). (shrink)

This study based on manuscripts uncovers a network of Parisian Masters of Arts of the late fourteenth and early fifteenth centuries, especially in the period covered by the missing fifth Register of the English Nation of the Parisian Arts Faculty. Outstanding masters are Henry of Oy, Christian of Paris, John of Hokelem, James of Yvia, John of Paris and others. The life and work of John of Hokelem are critically studied here for the first time. The dominating figure is, (...) however, Marsilius of Inghen with his treatises on the Parva logicalia, especially the Suppositiones and the Consequentiae. Perhaps the list of works by Marsilius is not yet complete. Among the most important of the many topics is the semantics of terms like white, is and being. Among the wealth of interesting details are testimonies to Thomas of Cleve’s missing Logic, early occurrences of the names terministae vel... (shrink)

: The shepherd embodies a strange and disturbing society. Isolated, marginal, it forms a world apart and evolves in a wild space where mountains, valleys, meadows or forests make up the framework of its activity. In this non-domesticated nature the human presence is suspect. This confusing being is very often represented with an animalized, almost monstrous or deformed body which becomes a metaphor for social order. This grotesque body translates the prejudices of urbanites and elites. It fuels sexual fantasies and (...) symbolizes the disturbances of the natural and social order: freed from the laws of the city, it can try to seduce the young ladies and be insolent in front of the knights. It is a threat to the established order. But the shepherd also carries virtues. It is a model of Christian life: humility and holiness. It belongs to an original humanity, the form closest to divine creation. Two styles of representation of the shepherd therefore oppose the extremes. From texts from the end of the Middle Ages, we will see how the shepherd is an imaginary in opposition to an organized society but that his image has evolved positively until becoming the guardian of traditions and a being who lives in harmony with nature. Key words: stereotypes, shepherd, savagery, holiness, littérature, Middle Ages. Résumé: Le berger incarne une société étrange et inquiétante. Isolé, marginal, il forme un monde à part et évolue dans un espace sauvage où les montagnes, vallées, prés ou forêts composent le cadre de son activité. Dans cette nature non domestiquée la présence humaine est suspecte. Cet être déroutant est bien souvent représenté avec un corps animalisé, quasi monstrueux ou déformé qui devient une métaphore de l’ordre social. Ce corps grotesque traduit les préjugés des urbains et des élites. Il alimente les fantasmes sexuels et symbolise les dérèglements de l’ordre naturel et social : affranchi des lois de la cité, il peut tenter de séduire les demoiselles et se montrer insolent face aux chevaliers. C’est une menace contre l’ordre établi. Mais le berger est également porteur de vertus. C’est un modèle de vie chrétienne : humilité et sainteté. Il appartient à une humanité originelle, forme la plus proche de la création divine. Deux styles de représentation du berger opposent donc les extrêmes. A partir de textes de la fin du Moyen Age, nous verrons comment le berger est un imaginaire en opposition avec une société organisée mais que son image a évolué positivement jusqu’à devenir le gardien des traditions et un être qui vit en harmonie avec la nature. Mots clés : stéréotypes, berger, sauvagerie, sainteté, littérature, Moyen Age. Resumen. El pastor encarna una sociedad extraña y perturbadora. Aislado, marginal, forma un mundo aparte y evoluciona en un espacio salvaje donde montañas, valles, praderas o bosques conforman el marco de su actividad. En esta naturaleza no domesticada, la presencia humana es sospechosa. Este ser confuso a menudo se representa con un cuerpo animalizado, casi monstruoso o deformado que se convierte en una metáfora del orden social. Este cuerpo grotesco traduce los prejuicios de los urbanitas y las élites. Alimenta las fantasías sexuales y simboliza las perturbaciones del orden natural y social: liberado de las leyes de la ciudad, puede tratar de seducir a las jóvenes y ser insolente frente a los caballeros. Es una amenaza para el orden establecido. Pero el pastor también posee virtudes. Es un modelo de vida cristiana, de humildad y santidad. Pertenece a una humanidad original, la forma más cercana a la creación divina. Dos estilos de representación del pastor, por lo tanto, se oponen. A partir de los textos del final de la Edad Media, analizamos la imagen del pastor en oposición a toda sociedad organizada y la evolución positiva de su figura hasta convertirse en guardián de las tradiciones y en un ser que vive en armonía con la naturaleza. Palabras clave: estereotipos, pastor, salvajismo, santitad, literatura, Edad Media. (shrink)

In a brilliant series of essays, the distinguished philosopher D. Z. Phillips explores the alternatives for faith after foundationalism. A significant exploration of post-foundationalist thought in its own right, Faith After Foundationalism is also an important evaluation and critique of the theological implications of the views of Alvin Plantinga, Richard Rorty, George Lindbeck, and Peter Berger.Phillips’s own position is that one must resist the philosopher’s tendency to turn religious mystery into epistemological mystery. To understand how religious concepts are formed (...) is to understand that to speak of God as “beyond mortal telling” is not to confess a failure of language. God’s hiddenness is part of our concept of him—a reflection of the mystery of human life as it is lived. Faith After Foundationalism will be essential reading for philosophers of religion and theologians, as well as for students of contemporary epistemology. (shrink)

In a recent article in this journal, D. Wade Hands reviewed Charles Taylor's two-volume work, Philosophical Papers. Hands predicts that Taylor's work will have no impact on the philosophy of economics. This may indeed turn out to be the case; but if so, it will only be because the profession is not listening. Of course, it is typical of the profession to be more interested in exporting its product than in learning from other disciplines. This is exemplified in Hands's use (...) of the term “philosophy of economics” – philosophy is the handmaiden of the highly successful enterprise of economics. But this journal is called Economics and Philosophy, which means that a conversation requiring an openness and attentiveness is called for between economics and philosophy. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Comparative Philosophy and Method: Contemporary Practices and Future Possibilities ed. by Steven Burik, Robert Smid and Ralph WeberDouglas L. Berger (bio)Comparative Philosophy and Method: Contemporary Practices and Future Possibilities. Edited by Steven Burik, Robert Smid and Ralph Weber. London and New York: Bloomsbury Academic, 2023. Pp. vi + 272. Paperback $40.28, isbn 978-1-350-29704-3.The editors Steven Burik, Robert Smid and Ralph Weber, who have all made important revisions (...) to the theory of comparative philosophical method, have pulled together the contributions of ten other influential scholars in the field and their own work into this much-needed collection of essays. There has been much written about the methodology of comparative philosophy in the last hundred years. More recent reflections in this field have been strongly fueled by post-colonial evaluations as well as a proliferation of methodological approaches. Nonetheless, some consensus on what methods the field should adopt and to what ends still needs overt discussion. The editors argue in an Introduction and Epilogue to the volume that, now faced with the "obstacles" of often conflicting principles and aims of different methodological approaches which leads to their frequent mutual rejection, there is need for a wide acceptance of pluralism in the methodology of comparative philosophy (pp. 4–5). This methodological pluralism, for the editors, should be understood in two senses. Firstly, there should be a broad-based "methodological commitment to pluralism," which amounts to an acceptance that there is an existing plurality of philosophical traditions in the world which have very different foundational insights and worldviews (p. 254). Secondly, the fact that the plurality of philosophical traditions actually exhibits quite different approaches ought, despite any individual comparativist's preferred method, compel us to accept that this diversity is best dealt with by a plurality of research approaches (pp. 254–55). That is to say that, while the editors both acknowledge and endorse the particular specializations of any and all scholars engaged in intercultural philosophy, they urge each scholar to accept that both a descriptive and prescriptive pluralism of philosophical methodologies are necessary for the continued flourishing of the field. In order to demonstrate this descriptive and prescriptive pluralism, the editors organize the volume into what they call five "constellations" of discussion (p. 8).In the first "constellation" labeled "Necessary Conditions," Robert Neville, Jaap [End Page 1] van Brakel and Lin Ma offer general and detailed frameworks for what sorts of assumptions are needed for any comparative philosophical research to proceed fruitfully. Neville, while happily admitting that we need to be vigilant about biases and other limitations when crossing into other traditions, insists that philosophers need to at once be searching for the truth in any given comparison of ideas, while simultaneously always reflectively constructing the right categories on the basis of which the comparison may be justified and sound (pp. 22–27). Van Brakel and Ma present in their co-authored essay an elaborate blueprint for comparative research. This blueprint, while also conceding that there can never be "any one right interpretation" of any individual text, much less whole traditions, posit a basic "family resemblance principle" which highlights "mutually recognizable human practices" as the basic condition enabling comparative reflection in the first place (pp. 34–39).In the second "constellation," entitled "Generalization and Essentialization," Roger Ames and François Jullien insist in various ways that, while the essentialism that bedeviled previous eras of philosophy in general and comparative philosophy in particular should be rejected, generalizations are still fundamentally necessary to crystalize the most important ways in which traditions are distinct from one another. Ames, defending himself against recent allegations of essentialism in his approach, insists that the field needs to be supported by both a "self-reflective hermeneutical sensitivity" which acknowledges the positionality of the inquirer as well as a commitment to "search within the soil" of, in his case, the Chinese philosophical tradition for its own models of meaning (p. 58). To the latter end, Ames defends accurate generalizations which can help us understand "the language, the customs and the life-forms of a living tradition" since these, contrary to suspicions, aid us in preventing essentialization in comparative work (p. 63). Jullien... (shrink)

BACKGROUND: Little is known about how hospitalized patients share decisions with physicians. METHODS: We conducted an observational study of patient-doctor communication on an inpatient medicine service among 18 hospitalized patients and 9 physicians. A research assistant (RA) approached newly hospitalized patients and their physicians before morning rounds and obtained consent. The RA audio recorded morning rounds, and then separately interviewed both patient and physician. Coding was done using integrated analysis. RESULTS: Most patients were white (61%) and half were female. Most (...) physicians were male (66%) and of Southeast Asian descent (66%). All physicians explained the plan of care to the patients; most believed that their patient understood. However, many patients did not. Physicians rarely asked the patient for their opinion. In all those cases, the decision had been made previously by the doctors. No decisions were made with the patient. Patients sometimes disagreed. CONCLUSIONS: Shared decision-making may not be the norm in hospital care. Although physicians do explain treatment plans, many hospitalized patients do not understand enough to share in decisions. When patients do assert their opinion, it can result in conflict. PRACTICE IMPLICATIONS: Some hospitalized patients are interested in discussing treatment. Improving hospital communication can foster patient autonomy. (shrink)

A variety of crucial and still most relevant ideas about nothingness or emptiness have gained profound philosophical prominence in the history and development of a number of South and East Asian traditions--including in Buddhism, Daoism, Neo-Confucianism, Hinduism, Korean philosophy, and the Japanese Kyoto School. These traditions share the insight that in order to explain both the great mysteries and mundane facts about our experience, ideas of "nothingness" must play a primary role. This collection of essays brings together the work of (...) twenty of the world's prominent scholars of Hindu, Buddhist, Daoist, Neo-Confucian, Japanese and Korean thought to illuminate fascinating philosophical conceptualizations of "nothingness" in both classical and modern Asian traditions. The unique collection offers new work from accomplished scholars and provides a coherent, panoramic view of the most significant ways that "nothingness" plays crucial roles in Asian philosophy. It includes both traditional and contemporary formulations, sometimes putting Asian traditions into dialogue with one another and sometimes with classical and modern Western thought. The result is a book of immense value for students and researchers in Asian and comparative philosophy. (shrink)

What, if anything, has art to do with the rest of our lives, and in particular with those ethical and political issues that matter to us most? Will art created today be likely to play a role in our lives as profound as that of the best art of the past? A Theory of Art shifts the focus of aesthetics from the traditional debate of "what is art?" to the engaging question of "what is art for?" Skillfully describing the social (...) and historical situation of art today, author Karol Berger argues that music exemplifies the current condition of art in a radical, acute, and revealing fashion. He also uniquely combines aesthetics with poetics and hermeneutics. Offering a careful synthesis of a wide breadth of scholarship from art history, musicology, literary studies, political philosophy, ethics, and metaphysics, and written in a clear, accessible style, this book will appeal to anyone with a serious interest in the arts. (shrink)

This letter responds to the essay “Securing the Trustworthiness of the FDA to Build Public Trust in Vaccines,” by Leah Z. Rand, Daniel P. Carpenter, Aaron S. Kesselheim, Anushka Bhaskar, Jonathan J. Darrow, and William B. Feldman, in the special report “Time to Rebuild: Essays on Trust in Health Care and Science,” in the September‐October 2023 issue of the Hastings Center Report.

Despite unprecedented medical advancements and the near eradi­cation of many serious diseases, there are growing epidemics of preventable illness brought about in part by the overemphasis on individual autonomy and the neglect of obligations to others. Insofar as these diseases develop because of individual choice, this permissiveness hampers the moral analysis of growing epidemics like childhood obesity. While society has contributed to its rapid progression, childhood obesity finds its origins in lifestyle choices implemented at home. Consequently, parents have an unparalleled (...) duty to prevent and correct obesity and unhealthy lifestyles in their children. Failure to do so undoubtedly violates a parent’s duty and suggests medical neglect. However, our current understanding of medical neglect is too narrow to be applicable to chronic, preventable illnesses. Relevant principles of tort law may broaden our understanding of neglect to better reflect the nature of parental and societal liability in preventable illnesses. (shrink)

Locating stance -- Structures of stance in lived experience -- Stance and others, stance and lives -- The social life of stance and the politics of expressive culture.

This article discusses the methodological challenges posed for psychological research on whiteness at the intersection between race and gender in Germany. Much of the current research in the social science field in Germany focuses on violent expressions of racism or Fremdenfeindlichkeit and represents a collective immunization against the knowledge about the history and the historicity of whiteness as a history of seizure. Such approaches are motivated by fear and uncertainty. The author takes this uncertainty not only as a starting point (...) for an investigation into the heavily veiled history of whiteness, but also as a method in itself. (shrink)

Les sciences sociales chinoises sont largement ignorées du monde occidental dans un moment où les savoirs scientifiques circulent le long de nouveaux axes épistémologiques en contexte globalisé. La pensée occidentale s’ouvre à la pensée chinoise, de nouveaux horizons apparaissent dans un contexte de globalisation culturelle où il est impossible d’ignorer la Chine continentale. Les sciences sociales en Chine ont été reconstruites depuis 1979 en rendant compte de vraies spécificités liées à une...

Susan Estrich, Real Rape Cambridge and London: Harvard University Press, 1987, 160 pp.

According to Rosenthal's higher-order thought (HOT) theory of consciousness, one is in a conscious mental state if and only if one is aware of oneself as being in that state via a suitable HOT. Several critics have argued that the possibility of so-called targetless HOTs?that is, HOTs that represent one as being in a state that does not exist?undermines the theory. Recently, Wilberg (2010) has argued that HOT theory can offer a straightforward account of such cases: since consciousness is a (...) property of mental state tokens, and since there are no states to exhibit consciousness, one is not in conscious states in virtue of targetless HOTs. In this paper, I argue that Wilberg's account is problematic and that Rosenthal's version of HOT theory, according to which a suitable HOT is both necessary and sufficient for consciousness, is to be preferred to Wilberg's account. I then argue that Rosenthal's account can comfortably accommodate targetless HOTs because consciousness is best understood as a property of individuals, not a property of states. (shrink)

The existence and uniqueness of a maximum point for a continuous real—valued function on a metric space are investigated constructively. In particular, it is shown, in the spirit of reverse mathematics, that a natural unique existence theorem is equivalent to the fan theorem.

Health disparities are primarily driven by structural inequality including systemic racism. Medical educators, led by the AAMC, have tended to minimize these core drivers of health disparities. Ins...

Dini's theorem says that compactness of the domain, a metric space, ensures the uniform convergence of every simply convergent monotone sequence of real-valued continuous functions whose limit is continuous. By showing that Dini's theorem is equivalent to Brouwer's fan theorem for detachable bars, we provide Dini's theorem with a classification in the recently established constructive reverse mathematics propagated by Ishihara. As a complement, Dini's theorem is proved to be equivalent to the analogue of the fan theorem, weak König's lemma, in (...) the original classical setting of reverse mathematics started by Friedman and Simpson. (shrink)

It is to an over-all situation based upon the complex play of political, social, economic and scientific factors, along with technological and mass media factors unique to our own era, that we owe the general trend toward multi-pluri-inter-trans-disciplinary questions so generally prevalent in our world today.

For thousands of years communication has functioned principally by means of linguistic and iconic messages. In the first case linguistic symbols serve as intermediaries; in the second, images or, more broadly, representations. In order to be transmitted, linguistic and/or iconic symbols need to be re-produced, re-presented, vocally, through writing, painting, sculpture or any other means of re-production. But re-production requires a space that, through use of an appropriate material, serves as its medium; forms to occupy it; rules to control it, (...) and a certain stability. In other words representation is impossible without a certain fixity of the message that alone can ensure its duration, whether short or long being unimportant, but which it needs precisely in order to function as a message. (shrink)

In the history of philosophy as well as in most recent discussions, empathy is held to be a key concept that enables a basic understanding of the other while at the same time acting as the foundation of our moral emotionality. In this paper I want to show why empathy is the wrong candidate for both of these tasks. If we understand empathy as projection, i.e. a process of imaginary self-transposition, we are bound to presuppose a fully established interpersonal sphere. (...) If we consider empathy as synonymous with compassion it is highly questionable if we ever reach the other person in his or her otherness. Max Scheler and other early phenomenologists offer very fruitful approaches to both problems without resorting to empathy. I will present some of their thoughts and focus especially on Scheler’s claim about the connection between the experience of the real other and the intentionality of compassion. (shrink)