The language of balancing and proportionality figures increasingly, often in judicial and academic constitutional legal reasoning in Western democracies. The spread of this particular form of discourse raises important methodological and substantive issues for scholars of comparative law. While the dominant narrative in the relevant lines of scholarship has long been one of similarity and convergence, this article argues that not enough attention has been paid to the possibility of difference—the idea that references to balancing might mean very different things (...) in different settings. In Parts I and II, the article suggests that a methodological shift—from a focus on balancing as doctrine to a focus on balancing as legal argument—will be necessary to bring out these different meanings. Based on a case study of early and mid-twentieth century practices in Germany and the United States, it is argued that one crucial difference in the local meanings of balancing in these settings relates to the extent to which choices of legal form are locally expected to have inherent substantive implications. (shrink)

This collection explores some of the many ways in which constitutional orders engage with, and are shaped by, their exteriors. Constitutional and legal theory often marginalize 'foreign' elements, such as norms originating in other legal systems, the movement of individuals across borders, or the application of domestic law to foreign affairs. In The Double-Facing Constitution, these instances of boundary crossing lie at the heart of an alternative understanding of constitutions as permeable membranes, through which norms can and sometimes must travel. (...) Constitutional orders are facing both inwards and outwards - and the outside world influences their interiors just as much as their internal orders help shape their surroundings. Different essays discuss the theoretical and historical foundations of this view, and its contemporary relevance for areas as diverse as migration law, the conflict of laws, and foreign relations law. (shrink)

Einführung in die ägyptische Religion ptolemäisch-römischer Zeit nach den demotischen religiösen Texten. By Martin Andreas Stadler. Einführungen und Quellentexte zur Ägyptologie, vol. 7. Berlin: LIT Verlag, 2012. Pp. x + 241. €19.90.

The historian and religious scholar Ernst Ludwig Ehrlich (1921-2007) was among the most influential minds in the post-Shoah German-speaking Jewish world. In 1943, with the help of Christian friends, he escaped from Berlin to Switzerland, where as a student, he became a spokesman in Jewish-Christian dialogue. Hartmut Bomhoff narrates how despite the experience of expulsion, life in the underground, and flight, Ehrlich became a bridge-builder.

This key collection of essays sheds new light on long-debated controversies surrounding Kant’s doctrine of idealism and is the first book in the English language that is exclusively dedicated to the subject. Well-known Kantians Karl Ameriks and Manfred Baum present their considered views on this most topical aspect of Kant's thought. Several essays by acclaimed Kant scholars broach a vastly neglected problem in discussions of Kant's idealism, namely the relation between his conception of logic and idealism: The standard view that (...) Kant's logic and idealism are wholly separable comes under scrutiny in these essays. A further set of articles addresses multiple facets of the notorious notion of the thing in itself, which continues to hold the attention of Kant scholars. The volume also contains an extensive discussion of the often overlooked chapter in the Critique of Pure Reason on the Transcendental Ideal. Together, the essays provide a whole new outlook on Kantian idealism. No one with a serious interest in Kant's idealism can afford to ignore this important book. (shrink)

Should a debate of the choice between metaphorical investigation and epistemological realism in organizational research be prioritized as Willy McCourt called for in Organization Studies? We argue here against doing any such thing — a ‘realism’ debate in organizational theory would merely be a ‘red herring’. Theoretical investigation from Ricoeur to Derrida has liberated us from the need to re-visit the theme, but examination of Gareth Morgan's intellectual development, as begun by McCourt, is of interest because it reveals two very (...) different ‘realisms’. What is of interest about ‘realism’ is not an eitherlor of either ‘realism’ or ‘constructivism’, but a polyphony of the many voices of research. (shrink)

From 1959 until 1969, Heidegger lectured to psychiatrists and psychiatry students at the University of Zurich Psychiatric Clinic and in Zollikon. The transcriptions of these lectures were published as the Zollikon Seminars. In these seminars Heidegger is highly critical of psychoanalysis, because of its causal and objectifying approach to the human being. In general, Heidegger considers it an objectification or even an elimination of the human being to approach a patient from a causal perspective. In our view Heidegger has overlooked (...) the peculiar nature and complexity of psychotherapy and psychiatry, namely that psychiatry is not just a discipline that combines a hermeneutical approach and a natural science approach on a theoretical level, but it also deals with psychopathology in practice. We argue, also referring to Strawson and Gadamer, that in psychiatric practice causal explanation and hermeneutic understanding are no mutually exclusive approaches. We conclude that the encounter of philosophy and psychiatry in matters of causality and motivation could be particularly fruitful when the practical situation is addressed, recognizing the special character of psychopathology. (shrink)

This article discusses interactive minimum cost spanning tree problems and argues that the standard approach of using a transferable utility game to come up with a fair allocation of the total costs has some flaws. A new model of spillover games is presented, in which each player’s decision whether or not to cooperate is properly taken into account.

This paper examines the question whether foundational epistemology (“FE”) can be replaced by naturalized epistemology (“NE”). First, it argues that Quine's defense of NE is inadequate since it is only based on arguments showing the impossibility of the logical empiricist version of FE rather than on arguments for the impossibility of FE as such. Second, it proposes that a more promising argument for the impossibility of FE can be found in the Münchhausen-trilemma which aims at showing that ultimate foundations (and, (...) hence, FE) are unattainable. However, Karl-Otto Apel has shown that this trilemma is unconclusive since it uncritically presupposes the premise that all argumentation is deductive in nature. Apel's argument implies that FE is possible if and only if it is possible to devise a non-deductive foundation (“NDF”). It is argued, however, that the possibility of NDF cannot be demonstrated. This leads to a situation called the Multatuli-dilemma: we cannot prove the possibility of ultimate foundations nor can we prove the impossibility of ultimate foundations. This dilemma shows that the discussion about the possibility of FE is pointless. Thus, it suggests that it is legitimate to replace FE by NE. Barry Stroud and Henri Lauener, however, argue that this replacement is not feasible since NE is not capable of refuting scepticism (Stroud) or justifying methodological rules (Lauener). But these objections are shown to be mistaken: First, epistemological scepticism is practically impossible and, hence, does not pose a serious threat to NE. Second, NE is capable of justifying methodological norms if and only if it makes use of so-called internal justifications. Thus, the final conclusion of this paper is that FE can be replaced by NE. (shrink)

Algorithms used in the public sector, e.g., for allocating social benefits or predicting fraud, often require involvement from multiple stakeholders at various phases of the algorithm’s life-cycle. This paper focuses on the communication issues between diverse stakeholders that can lead to misinterpretation and misuse of algorithmic systems. Ethnographic research was conducted via 11 semi-structured interviews with practitioners working on algorithmic systems in the Dutch public sector, at local and national levels. With qualitative coding analysis, we identify key elements of the (...) communication processes that underlie fairness-related human decisions. More specifically, we analyze the division of roles and tasks, the required skills, and the challenges perceived by diverse stakeholders. Three general patterns emerge from the coding analysis: (1) Policymakers, civil servants, and domain experts are less involved compared to developers throughout a system’s life-cycle. This leads to developers taking on the role of decision-maker and policy advisor, while they potentially miss the required skills. (2) End-users and policy-makers often lack the technical skills to interpret a system’s output, and rely on actors having a developer role for making decisions concerning fairness issues. (3) Citizens are structurally absent throughout a system’s life-cycle. This may lead to unbalanced fairness assessments that do not include key input from relevant stakeholders. We formalize the underlying communication issues within such networks of stakeholders and introduce the phase-actor-role-task-skill (PARTS) model. PARTS can both (i) represent the communication patterns identified in the interviews, and (ii) explicitly outline missing elements in communication patterns such as actors who miss skills or collaborators for their tasks, or tasks that miss qualified actors. The PARTS model can be extended to other use cases and used to analyze and design the human organizations responsible for assessing fairness in algorithmic systems. It can be further extended to explore communication issues in other use cases, design potential solutions, and organize accountability with a common vocabulary. (shrink)

The selection of ‘good’ pictures has increasingly become a crucial factor when transmitting news to the recipients. Every day thousands of events are happening and millions of pictures are taken. By choosing photographs for newspapers and magazines, photographic editorial departments want to attract the recipients' attention, evoke emotions and get them to read their stories. But what exactly is a good picture that meets these expectations? Which criteria are decisive for selecting pictures and what effects of this selection can be (...) measured on the recipients' side? This article presents the results of a research project carried out at the University of Erfurt in 2008 and conducted in collaboration with the German weekly magazine stern. It deals with the selection and impact of press photography by introducing the concept ‘photo news factors’. Applying the traditional news value theory to pictures, photo news factors are defined as selection criteria that, on the part of the communicator, decide whether the press photos are worth publishing. Furthermore, they are assumed to exert an influence on the intensity of attention that a picture arouses. (shrink)

Flach bringt Kants geltungs- und prinzipientheoretische Freiheitslehre zur Darstellung und sucht zu zeigen, welches Erklärungspotential diese Lehre in puncto Humanität hat. Krijnen bringt Hegels logische und geistphilosophische Freiheitslehre zur Darstellung und sucht zu zeigen, daß und wie in ihr ein fundamentaler Aspekt der Freiheit thematisch wird, der in Kants Lehre unterbeleuchtet bleibt. Die Diskussionsbeiträge zeigen, welchen Stellenwert dem einen und dem anderen Paradigma im aktuellen Urteil zuerkannt wird. Flach presents Kant’s conception of freedom as well as its potential for understanding (...) what it means to be human. Krijnen presents Hegel’s conception of freedom and shows that Kant’s conception underestimates an essential feature of freedom. The contributions of other authors assess the results. (shrink)

The literature on transcendental idealism is vast and controversy-ridden. Some interpreters view this puzzling doctrine as detracting from Kant’s real contribution—his theory of experience. Those who take the doctrine seriously debate whether or not appearances and things-in-themselves constitute two ontologically discrete worlds. Currently, the discussion centers around whether the appearance/thing-in-itself distinction should be read epistemologically, as referring to two different aspects of the same object, or as a metaphysical distinction, since Kant thinks of appearances as non-ultimate reality. The essays in (...) this engaging volume fill a lacuna in the existing literature by addressing Kant’s .. (shrink)