This volume offers a comprehensive presentation of European insolvency law and considers questions relating to the cross-border insolvency proceeding. Due to the European Insolvency Regulation, the issues arising from the cross-border insolvency proceeding are no longer purely academic matters but are now present in the European area and have become problematic for professionals dealing with the application and interpretation of Community insolvency law.

Inhalt: Vorwort von H.-M. Pawlowski / S. Smid / R. Specht - H.-M. Pawlowski: Probleme der Rechtsbegrundung im Staat der Glaubensfreiheit - V. Gerhardt: Selbstandigkeit und Selbstbestimmung. Freiheit bei Kant und Schelling - H. Folkers: Die durch Freiheit gebaute Stadt Gottes - W. E. Ehrhardt: Mythologie und Offenbarung der Freiheit - W. Bartuschat: Uber Spinozismus und menschliche Freiheit beim fruhen Schelling - C. Cesa: Schellings Kritik des Naturrechts - H. J. Sandkuhler: F. W. J. Schelling - Philosophie als Seinsgeschichte (...) und Anti-Politik - D. Losurdo: Von Louis Philippe bis Louis Bonaparte - R. Pettoello: Die Dialektik der menschlichen Freiheit als Emanzipation und als Abfall von Gott - H. Klenner: Schelling und die Rechtsphilosophie - S. Smid: Freiheit als Keim des Rechts - W. Schmied-Kowarzik: Freiheit - Recht - Geschichte - J. Simon: Die Wirklichkeit der Freiheit (Kant, Schelling, Hegel) - W. Schild: Die verstandlichen Schwierigkeiten des Rechtsdenkens mit dem Freiheitsbegriff - Personenregister. (shrink)

Der vorliegende Tagungsband beruht auf Vorträgen, die am 8./9. Juni 2007 auf dem 3. Kieler insolvenzrechtlichen Symposium der Hanns-Martin Schleyer-Stiftung in Kiel zu aktuellen Fragen des deutschen und internationalen Insolvenzrechts gehalten worden sind. Dabei wurden Fragen zur Auswahl des Insolvenzverwalters, zum Gläubigerschutz im österreichischen Insolvenzverfahren, zur aktuellen Rechtsprechung des BGH, zur Zwangsvollstreckungshandlung, zu neuen Entwicklungen auf dem Gebiet des Eigenkapitalersatzrechts und zu Praxisproblemen des Insolvenzplans untersucht.

This paper critically assesses John Danaher’s ‘ethical behaviourism’, a theory on how the moral status of robots should be determined. The basic idea of this theory is that a robot’s moral status is determined decisively on the basis of its observable behaviour. If it behaves sufficiently similar to some entity that has moral status, such as a human or an animal, then we should ascribe the same moral status to the robot as we do to this human or animal. The (...) paper argues against ethical behaviourism by making four main points. First, it is argued that the strongest version of ethical behaviourism understands the theory as relying on inferences to the best explanation when inferring moral status. Second, as a consequence, ethical behaviourism cannot stick with merely looking at the robot’s behaviour, while remaining neutral with regard to the difficult question of which property grounds moral status. Third, not only behavioural evidence ought to play a role in inferring a robot’s moral status, but knowledge of the design process of the robot and of its designer’s intention ought to be taken into account as well. Fourth, knowledge of a robot’s ontology and how that relates to human biology often is epistemically relevant for inferring moral status as well. The paper closes with some concluding observations. (shrink)

Die Frage nach der Technik ist eine Art der Heideggerschen Frage nach dem Sein, die die Fragen nach dem Menschen in der Moderne und nach der Zivilisation überhaupt impliziert. Im Rahmen der sogenannten "Seinsgeschichte" bildet sie eine Kreuzungsstelle, die von verschiedenen Linien gebildet wird, welche wiederum in ihrer Verschiedenheit zu berücksichtigen sind und nicht einfach textuell hermetisiert werden dürfen. Heidegger besorgt nicht zuletzt mit Hilfe der seinsgeschichtlichen Konstellation des Gestells seine Selbstinterpretation hinsichtlich der Haltung zum Nationalsozialismus. Verweigert wird die falsche (...) Alternative eines platt-realistischen oder biographischen Reduktionismus zum einen und des Jüngerschar-Minimalismus oder kalauernden dekonstruktivistischen Textdesigns zum andern. Genauso einseitig wie der absicherungsstrategische Jargon der Orthodoxie ist die positivistische Abschiebung Heideggers in die Ecke der "Begriffsdichtung". Tatsächlich besteht ein arbeitsteiliger Konsens zwischen beiden Seiten. Gegen diesen Konsens im Dissens opponiert vorliegender Text. (shrink)

Stefan Collini challenges the common claim that universities need to show that they help to make money in order to justify getting more money.

Artificial Intelligence (AI) is increasingly adopted in society, creating numerous opportunities but at the same time posing ethical challenges. Many of these are familiar, such as issues of fairness, responsibility and privacy, but are presented in a new and challenging guise due to our limited ability to steer and predict the outputs of AI systems. This chapter first introduces these ethical challenges, stressing that overviews of values are a good starting point but frequently fail to suffice due to the context (...) sensitivity of ethical challenges. Frequently, additional (ethical) values emerge for specific applications, as e.g. challenges with fraud detection are very different from those around language technologies. Second, methods to tackle these challenges are discussed. Main ethical theories (virtue ethics, consequentialism, and deontology) are shown to provide a starting point, but often lack the details needed for actionable AI Ethics. Instead, mid-level philosophical theories coupled to design-approaches such as Design for Values, together with interdisciplinary working methods, offer the best way forwards. The chapter aims to show how these approaches can lead to an ethics of AI that is actionable and that can be proactively integrated in the design of AI systems. (shrink)

What are the fittingness conditions of gratitude? One assumption seems unquestioned in the literature: that whenever it’s fitting for you to be grateful to me, that’s because I’ve benefitted or tried to benefit you. In this paper, I argue that that’s false. You may sometimes fittingly be grateful precisely because I refrained from benefitting you. Or you may be grateful because I omitted to instrumentalise you, or treated you justly – where this isn’t reducible to benefits. Morality isn’t all about (...) benefits, so gratitude isn’t either. Instead, gratitude is the proper response to being shown more positive moral regard than you’re owed – where such regard might consist in beneficence, or respect, or in whatever kind of positive moral attitude. (shrink)

Self-driving cars hold out the promise of being safer than manually driven cars. Yet they cannot be a 100 % safe. Collisions are sometimes unavoidable. So self-driving cars need to be programmed for how they should respond to scenarios where collisions are highly likely or unavoidable. The accident-scenarios self-driving cars might face have recently been likened to the key examples and dilemmas associated with the trolley problem. In this article, we critically examine this tempting analogy. We identify three important ways (...) in which the ethics of accident-algorithms for self-driving cars and the philosophy of the trolley problem differ from each other. These concern: the basic decision-making situation faced by those who decide how self-driving cars should be programmed to deal with accidents; moral and legal responsibility; and decision-making in the face of risks and uncertainty. In discussing these three areas of disanalogy, we isolate and identify a number of basic issues and complexities that arise within the ethics of the programming of self-driving cars. (shrink)

The development of new effective but expensive medical treatments leads to discussions about whether and how such treatments should be funded in solidarity-based healthcare systems. Solidarity is often seen as an elusive concept; it appears to be used to refer to different sets of concerns, and its interrelations with the concept of justice are not well understood. This paper provides a conceptual analysis of the concept of solidarity as it is used in discussions on the allocation of healthcare resources and (...) the funding of expensive treatments. It contributes to the clarification of the concept of solidarity by identifying in the literature and discussing four uses of the concept: (1) assisting patients in need, (2) upholding the solidarity-based healthcare system, (3) willingness to contribute and (4) promoting equality. It distinguishes normative and descriptive uses of the concept and outlines the overlap and differences between solidarity and justice. Our analysis shows that the various uses of the concept of solidarity point to different, even conflicting, ethical stances on whether and how access to effective, expensive treatments should be provided. We conclude that the concept of solidarity has a role to play in discussions on the accessibility and funding of newly approved medical treatments. It requires, for instance, that healthcare policies promote and maintain both societal willingness to contribute to the care of others and the value of providing care to vulnerable patients through public funding. (shrink)

An intro. to Didaktic (the heart of thinking about teaching/teacher educ in Germany) for English-speaking readers, drawing on a range of writings assoc. w/ this tradition. Throws light on assumptions, characteristics, & weaknesses of curriculum thought.

The concept of meaningful work has recently received increased attention in philosophy and other disciplines. However, the impact of the increasing robotization of the workplace on meaningful work has received very little attention so far. Doing work that is meaningful leads to higher job satisfaction and increased worker well-being, and some argue for a right to access to meaningful work. In this paper, we therefore address the impact of robotization on meaningful work. We do so by identifying five key aspects (...) of meaningful work: pursuing a purpose, social relationships, exercising skills and self-development, self-esteem and recognition, and autonomy. For each aspect, we analyze how the introduction of robots into the workplace may diminish or enhance the meaningfulness of work. We also identify a few ethical issues that emerge from our analysis. We conclude that robotization of the workplace can have both significant negative and positive effects on meaningful work. Our findings about ways in which robotization of the workplace can be a threat or opportunity for meaningful work can serve as the basis for ethical arguments for how to—and how not to—implement robots into workplaces. (shrink)

This imaginative and unusual book explores the moral sensibilities and cultural assumptions that were at the heart of political debate in Victorian and early twentieth-century Britain. It focuses on the role of intellectuals as public moralists and suggests ways in which their more formal political theory rested upon habits of response and evaluation that were deeply embedded in wider social attitudes and aesthetic judgments. Collini examines the characteristic idioms and strategies of argument employed in periodical and polemical writing, and reconstructs (...) the sense of identity and of relation to an audience exhibited by social critics from John Stuart Mill and Matthew Arnold to J.M. Keynes and F.R. Leavis. (shrink)

ABSTRACT:The notion of “democracy” has become a much-debated concept in scholarship on business ethics, management, and organization studies. The strategy of this paper is to distinguish between a principle of organization that fosters participation (type I democracy) and a principle of legitimation that draws on consent (type II democracy). Based on this distinction, we highlight conceptual shortcomings of the literature on stakeholder democracy. We demonstrate that parts of the literature tend to confound ends with means. Many approaches employ type I (...) democracy notions of participation and often take for granted that this also improves type II democratic legitimation. We hold this to be a mistake. We provide examples of the ambiguity of organizational procedures and show that under some circumstances a decrease in the degree of participation may actually increase legitimation because a governance structure that results in higher productivity can provide higher benefits for all parties involved, serve their interests and therefore meet their agreement. Less type I democracy may mean more type II democracy. We believe this to be an important insight for judging (and further improving) the legitimacy of both capitalistic firms and competitive markets. (shrink)

Standard principles of mereology, such as the transitivity and asymmetry of proper parthood, have been questioned, using various multi-location scenarios. The most famous of these is Borges’s Aleph, although the literature is rife with other examples that allegedly show that some mereological principle is at odds with some form of multi-location. However, the scenarios only support this conclusion given various bridge principles that link location to parthood. I argue that the bridge principles that guarantee the desired conclusion are controversial partly (...) because they give the wrong result in other situations, in particular cases of co-location. Moreover, less controversial bridge principles do not provide an incompatibility result between standard mereological principles and multi-location. Hence, multi-location does not threaten any standard mereological principles. (shrink)

The idea that two objects can coincide—by sharing all their proper parts, or matter—yet be non-identical, results in the “Problem of Coincident Objects”: in what relation do objects stand if they are not identical but share all their proper parts? One solution is to introduce material constitution. In this paper, I argue that this is ad hoc since, first, this solution cannot be generalized to solve similar problems, and, second, there are pseudo cases of coincidence that should not trigger the (...) introduction of material constitution and these cannot be distinguished in any principled way from the allegedly real cases of coincidence. (shrink)

The mereological predicate ‘is part of’ can be used to define the predicate ‘is identical with’. I argue that this entails that mereological theories can be ideologically simpler than nihilistic theories that do not use the notion of parthood—contrary to what has been argued by Ted Sider. Moreover, if one accepts an extensional mereology, there are good philosophical reasons apart from ideological simplicity to give a mereological definition of identity.