Recht impliziert Rechthaben. Wer Recht setzt oder sich darauf beruft, glaubt in der Regel, daß er recht hat. Vom Rechthaben aber ist es nicht weit zur Rechthaberei, in der eine Intensivierung des Rechthabens gesehen werden kann. Da diese nun beim Kampf ums Recht mehr oder weniger natürlich erscheint, kann man meinen, Recht beruhe im Grunde auf Rechthaberei. Das aber weist zu einer Kritik des Rechtsbegriffs, denn Intensivierungen gehen meist über das dem Normalen gemäße Maßvolle hinaus.Nach Ausführungen über die der Rechthaberei (...) allgemein angelasteten Übel wird hier die dem Juristischen eigene Rechthaberei behandelt. Sie ist am deutlichsten und bedenklichsten bei modernen rechtsetzenden Ereiferungen in Gesetzen, Verordnungen und Anordnungen, aber auch Gewohnheitsrecht und Naturrecht sind von ihr nicht frei.Neben Rechthabereien beim Schaffen verbindlicher Rechtsnormen werden diese beim Berufen auf solche Normen untersucht. Gerechtfertigt wie sie im Interesse der einzelnen Menschen und der Rechtsordnung auch sein mögen, sollte man nicht vergessen, daß das Recht als bloßes Menschenwerk bloß ein ethisches Minimum ist, erdgebunden aber nicht notwendig ehrverbunden, und deshalb von üblen Rechthabereien auch im Rechtsverkehr absehen.Zum Wohle des Rechten kommt man so vielleicht zu einem von Rechthabereien immer mehr erlösten Recht.Die hier aufgezeigten Probleme wurden in der Hoffnung angeschnitten, rechthaberischen Versuchungen nicht erlegen zu sein. (shrink)

Informed consent is a central concept for empirical and theoretical research concerning pregnancy management decisions and is often taken to be one of the more fundamental goals of the profession of genetic counseling. Tellingly, this concept has been seen by disability communities as salutary, despite longstanding critiques made by disability activists, advocates, and scholars concerning practices involved in genetic counseling more generally. In this chapter, we show that the widespread faith in informed consent is misleading and can be detrimental to (...) the practice of genetic counseling as guided by concerns of justice and equity. We proceed in two steps. First, we explain how informed consent is flawed as a practical concept. Second, we show how the inadequacy of informed consent illuminates the animating core of disability critiques of genetic counseling: the issue of ableism. We argue that the problem of ableism cannot be solved with informed consent because it is not merely a problem of information, but also of epistemic schemas. We suggest that what we call critically informed consent is better suited to move genetic counseling from being aware of the problem of ableism to becoming actively anti-ableist. (shrink)

Social service professionals use a unique set of principles to guide their decisions within a broad and complex array of situations. Straight Talk about Professional Ethics provides readers with the guidelines that will help them make decisions in a manner that is clinically and ethically effective. This book explains the seven core concepts that guide ethical practice in the helping professions: self-determination, informed consent, competence, confidentiality and privacy, attention to conflicts of interest, maintenance of professional boundaries, and professionalism and integrity. (...) Developing a commitment to the ethics of a profession and an understanding of how those ethics apply to commonly occurring workplace situations is a major element of professional preparation. (shrink)

Thus far, the recognition approach as described in the works of Axel Honneth has not systematically engaged with the problem of poverty. To fill this gap, the present contribution will focus on poverty conceived as social exclusion in the context of the European Union and probe its moral significance. It will show that this form of social exclusion is morally harmful and wrong from the perspective of the recognition approach. To justify this finding, social exclusion has to fulfil three conditions: (...) (i) it has to be experienced as harmful by the socially excluded, (ii) it has to meet certain objective criteria, and (iii) it has to violate normative claims embedded within society. (shrink)

Wer von Naturphilosophie spricht, kann vielerlei meinen. Sie kann als Form der eigenstandigen Naturerkenntnis auftreten, als Reflexion auf die Naturwissenschaften oder sich dem Verhaltnis von Mensch und Natur zuwenden. Dabei steht Naturphilosophie immer auch in einem Spannungsverhaltnis zu den Naturwissenschaften. Die Diskussion historischer Konzepte der dialektischen Naturphilosophie wird in diesem Buch daher zusammengefuhrt mit dem Versuch ihrer systematischen Reaktualisierung.".

Compassionate care: a moral dimension of nursingThis paper focuses on the concept of compassion and its meaning for nursing practice. Compassion is often considered to be an essential component of nursing care; however, it is difficult to identify what exactly comprises compassionate care. To begin with, there is a general discussion of the meaning of compassion and an examination of its common usage. An argument then is presented that compassion is more than just a natural response to suffering, rather that (...) it is a moral choice. The paper outlines the extent to which this concept has implications for nursing care, highlighting some of the obstacles that nurses need to overcome in order to maintain this essential moral value of the caring role. (shrink)

The conceptual spaces approach has recently emerged as a novel account of concepts. Its guiding idea is that concepts can be represented geometrically, by means of metrical spaces. While it is generally recognized that many of our concepts are vague, the question of how to model vagueness in the conceptual spaces approach has not been addressed so far, even though the answer is far from straightforward. The present paper aims to fill this lacuna.

In virtue of what do we enjoy episodes of pleasure? According to the phenomenological theory of pleasure, we enjoy pleasures in virtue of having certain kinds of phenomenal experiences. According to the attitude theory of pleasure, we enjoy pleasures in virtue of having a certain kind of pro-attitude. In this chapter, we show that the attitude theory faces a dilemma. The attitude that is relevant to pleasure—the desire, liking, or favoring—is either necessarily co-instantiated with certain phenomenology, or not. If the (...) attitude theorist denies that the relevant attitudes are phenomenologically enriched in this sense, then their theory has the problematic implication that pleasure can come radically apart from phenomenology. This leads to a *problem of hedonic inversion*. If the attitude theorist instead affirms that the relevant attitudes are phenomenologically enriched, then they undermine their main objection to the phenomenological theory of pleasure. This is the so-called *heterogeneity problem*, according to which pleasures do not feel alike. Either way, the attitudinal theorist faces a difficult challenge in their ongoing debate with phenomenological theorists. (shrink)

Reinhold Niebuhr's concept of ideology, a synthesis of the doctrine of sin and sociology of knowledge, denotes any claim to absolute truth with reilsvested interests. Tolerance, its anonym, is based on an acknowledgement of one's own fallibity and need for forgiveness. Niebuhr thus intertwines Luther's two »realms«, without mixing them up. His theory is deemed a major contribution to both theology and political science.

Dietz has taken an important step towards getting the measure of a thinker who measures our civilization.-THE REVIEW OF POLITICS.

The capability approach, which is closely connected to the works of Amartya Sen and Martha Nussbaum, is one possible theoretical framework that could be used to answer the question as to why poverty is a problem from a moral point of view. In this paper we will focus on the normative philosophical capability approach rather than the social scientific and descriptive perspective. We will show that the approach characterizes poverty mainly as a limitation of freedom and that it is precisely (...) this aspect, from its point of view, that makes poverty morally significant. This insight shifts the discussion away from questions regarding specific capabilities or lists of them-questions treated extensively in the literature-to the more general level of what constitutes the normative core of the capability approach. But as we will also discuss and argue, the role of freedom alone does not give us a complete picture of poverty but only presents us with one aspect relevant to evaluating it. A further aspect which we consider has not been adequately recognized and taken into account by most capability theorists is the experience of disrespect and humiliation, or to put it differently, a lack of recognition. (shrink)

This paper presents a holistic, contextualised case study of reintegration and trust repair at a UK utilities firm in the wake of its fraud and data manipulation scandal. Drawing upon conceptual frameworks of reintegration and organizational trust repair, we analyze the decisions and actions taken by the company in its efforts to restore trust with its stakeholders. The analysis reveals seven themes on the merits of proposed approaches for reintegration after an integrity violation , and novel insights on the role (...) of organizational identity, “changing of the guard” and cultural reforms alongside procedural modifications. The case further supports the dynamic nature of stakeholder salience across the reintegration process. The study both supports propositions from existing frameworks and suggests novel theoretical extensions for future research. (shrink)

According to Stalnaker’s Hypothesis, the probability of an indicative conditional, $\Pr(\varphi \rightarrow \psi),$ equals the probability of the consequent conditional on its antecedent, $\Pr(\psi | \varphi)$ . While the hypothesis is generally taken to have been conclusively refuted by Lewis’ and others’ triviality arguments, its descriptive adequacy has been confirmed in many experimental studies. In this paper, we consider some possible ways of resolving the apparent tension between the analytical and the empirical results relating to Stalnaker’s Hypothesis and we argue (...) that none offer a satisfactory resolution. (shrink)

Poverty is more than a ‘welfare status’ among others. In this paper I want to show that poverty is not only a failure of distribution of income but that it is a state of humiliation. In the first section I will examine poverty knowledge, how poverty is conceptualised and what norms are inherent in the measures of the poor. In the second section I will show that poverty is humiliating because it is bound to failure and deficiency. To be poor (...) means to be unable to take care for oneself. In the third and final section I will turn to social critique and its relation to the subjects of poverty. There are good reasons to be sceptical of the poor and their judgements and to seek for objective criteria, but this cannot replace the subject and their experience. (shrink)

Now available Open Access! See the Bloomsburycollections URL below. -/- Correct bibliographical information is as follows: Gottfried Achenwall, _Natural Law: A Translation of the Textbook for Kant's Lectures on Legal and Political Philosophy_, edited by Pauline Kleingeld, translated by Corinna Vermeulen, with an Introduction by Paul Guyer. London: Bloomsbury, 2020. -/- As the first translation into any modern language of Achenwall’s Ius naturae, from the 1763 edition used by Immanuel Kant, this is an essential work for anyone interested in (...) Kant, the natural law tradition or the history of legal and political theory. For over twenty years, Kant used this book as the basis for his lectures on natural law. It influenced his legal and political philosophy as well as his ethics, and it is indispensable for understanding Kant’s Feyerabend Lectures on Natural Law and his Metaphysics of Morals. -/- Articulating his theory of natural law with clear definitions and precise distinctions, Achenwall offers a lucid account that includes instructive comparisons with the work of Grotius, Hobbes, Pufendorf, Wolff and others. The volume also contains an Introduction by the eminent Kant scholar Paul Guyer, comparing Achenwall’s theory to the legal and political philosophy of Kant’s Doctrine of Right, and a concordance correlating Achenwall’s Natural Law to Kant’s Feyerabend Lectures on Natural Law. (shrink)

Unemployment is one of the greatest social problems all around the world including in modern capitalistic welfare states. Therefore its social critique is a necessary task for any critical social philosophy such as Axel Honneth's recognition approach, which understands social justice in terms of social conditions of recognition. This paper aims to develop an evaluation of unemployment and its moral weight from this perspective. I will lay out the recognition approach and present a moral evaluation of unemployment as socially unjust (...) based on the knowledge of its negative consequences for those affected. I will then discuss two objections to this conclusion, namely that a mere correlation of suffering and moral wrongness is not enough and that there are legitimate differences in the experience of recognition which could justify the existence of unemployment as deserved. In the next section, I will then refute both objections and first show that unemployment can be understood as socially unjust based on the knowledge that it is involuntary and that the unemployed are not responsible for their condition. Then I will discuss the relationship between the idea of meritocracy and unemployment to examine the assumption of unemployment as being deserved. I will finally conclude that unemployment is not a necessary side effect of meritocracy and that there are good reasons to argue for a moral and justified obligation to provide an actual access to paid work for all who want to work. However, such changes face serious obstacles and are not likely to happen under the current interpretation of meritocracy and social esteem which are one-sided and flawed. (shrink)

In this paper I sketch a possible answer to the question of what professional athletes deserve for their sporting activities. I take two different backgrounds into account. First, the content and meaning of desert is highly debated within political philosophy and many theorists are sceptical if it has any value for social justice. On the other hand sport is often understood as a meritocracy, in which all prizes or wins should be solely awarded based on merit. I will distinguish three (...) possible goods that can be deserved for doing professional sport – money, social status and appreciation – and show that athletes deserve them according to their achievements and that this justifies certain inequalities in their distribution. These legitimate disparities have nevertheless been embedded within a broader framework of social justice, which limits them based on a strong understanding of social equality. (shrink)

Thomas Kuhn's Structure of Scientific Revolutions, which examines paradigm theory as it relates to philosophy of science, is among the most widely read--and debated--books in the history and philosophy of science. In Paradigms Explained, the author examines both the contributions and limitations of Kuhn's work on paradigm theory. Von Dietze's accessible writing style and thought-provoking exploration of Kuhn's impact on scientific, philosophical, and social thought engage the reader and offer new insights into the problematic yet influential ideas of one (...) of the most prominent philosophers of science. (shrink)

The enduring influence of the architect Gottfried Semper derives primarily from his monumental theoretical foray Der Stil in der technischen und tektonischen Künsten, here translated into English for the first time. A richly illustrated survey of the technical arts, Semper's analysis of the preconditions of style forever changed the interpretative context for aesthetics, architecture, and art history. Style, Semper believed, should be governed by historical function, cultural affinities, creative free will, and the innate properties of each medium. Thus, in (...) an ambitious attempt to turn nineteenth-century artistic discussion away from historicism, aestheticism, and materialism, Semper developed in Der Stil a complex picture of stylistic change based on scrutiny of specific objects and a remarkable grasp of cultural variety. Harry Francis Mallgrave's introductory essay offers an account of Semper's life and work, a survey of Der Stil, and a fresh consideration of Semper's landmark study and its lasting significance. (shrink)

Seven unknown letters from 1823 to 1831 are published. The famous discoverer of the mammal's egg and founder of the modern embryology Karl Ernst von Baer (1792–1876), born as a German in Estonia and then anatomist and zoologist at Königsberg University, wrote them to his publisher Ludwig F. Froriep in Weimar and his son and successor. Robert F. Baer offered his co-work with a dictionary of natural history (which he criticized), he proposed a map of all research voyages everywhere in (...) the world, and he sent a few small papers about local birds. To Robert F. Baer gave some recommendations concerning his career; he asked for details of a death elephant, and he told that they were awaiting the cholera. (shrink)

The comparator-model, originally developed to explain motor action, has recently been invoked to explain several aspects of the self. However, in the first place it may not be used to explain a basic self-world distinction because it presupposes one. Our alternative account is based on specific systematic covariation between action and perception. Secondly, the comparator model cannot explain the feeling of ownership of thoughts. We argue—contra Frith and Campbell—that thoughts are not motor processes and therefore cannot be described by the (...) comparator-model. Rather, thoughts can be the triggering cause (intention) for actions. An alternative framework for the explanation of thought insertion in schizophrenics is presented. (shrink)

One oft the most fascinating abilities of humans is the ability to become conscious of the own physical and mental states. In this systematic investigation of self-consciousness, a representational theory is developed that is able to distinguish between different levels of self-consciousness. The most basic levels are already present in such simple animals as ants. From these basic forms, which are also relevant for adult human self-consciousness, high-level self-consciousness including self-knowledge can arise. Thereby, the theory is not only able to (...) integrate developmental considerations but also to sharply distinguish different aspects of the complex phenomenon self-consciousness. Pathological breakdowns of these different aspects, as they can be found in schizophrenia, are explained by specific impairments on different levels of self-representation. In this way, the work shows that a naturalistic theory of self-consciousness is possible, if the analysis starts with very simple and basic mechanisms instead of starting on the »top of the iceberg«. (shrink)

Se presenta la entrevista a Mafalda Galdames, activista y militante de larga trayectoria en el movimiento de mujeres y feminista, como también del Partido Socialista en su juventud, cuya vida abarca desde los años previos a la Unidad Popular, como joven estudiante secundaria; pasando por el gobierno de Salvador Allende, en el cual tuvo un fuerte compromiso con los cambios sociales y políticos que este emprendió. La dictadura cívico militar chilena la llevó, como a otras miles de personas, al exilio (...) en México, donde se acercó al feminismo, a partir de cuál redefinió sus intereses y práctica política. En el contexto de los 50 años de la conmemoración del golpe de Estado chileno, y de auge de políticas negacionistas, la historia de vida de Mafalda permite reflexionar sobre temas como el compromiso político, la militancia, el feminismo, la resistencia y la derrota. (shrink)