Derecho natural y positivismo jurídico.--Derecho y poder.--Ley y conciencia.--Hans Welzel.--Obras de Hans Welzel.

En el texto se analiza la caída del idealismo y de la filosofía en general tras la muerte del hegelianismo. Un proceso llevado a cabo por el positivismo, la teoría de las ideologías, la filosofía de la vida y el existencialismo. Si bien en la teoría y praxis jurídica será el positivismo el principal protagonista. Este giro tiene como consecuencia centrar el estudio científico sobre el derecho, exclusivamente en el derecho positivo. Frente al reduccionismo del positivismo, Welzel expone el (...) resurgir del dualismo entre concepto de derecho e idea del derecho, de mano de la filosofía neokantiana, y muy especialmente de Rudolf Stammler. Un resurgir que permite presentar a la filosofía kantiana como una teoría complementaria del positivismo jurídico, al aceptar ésta el concepto del derecho del positivismo, depurado de los restos terminológicos de etapas ya superadas. (shrink)

The lecture not only deals with the positive or de facto validity (the "effectiveness") but, also, with the normative, ob liga tory validity of right (its "legitimacy"). For the definition of positive validity, he refers to the "theories of recognizance" originating from the 19th century whereby, how­ ever, he divorces the general theory of recognizance prevailingly adopted today from the older, "individual", theories of recognizance. Utilizing the decisive factor of recognizance, he separates the positive validity of the legal right from (...) the mere enforcement (in the sense of the theory of constraint). The second part of the lecture deals with the question if and under what prerequisites an actual existing positive right is also allocated a normative obligatory power ("normative" validity). He demonstrates the necessity of such a question on the "nihilism of va lues" of extremist sociological trends. Realistically and gradually he unfolds the problem by the course the "dualism of is and should be" by Kelsen on one hand and Rickert, Max Weber, Radbruch on the other, took, and which lead, with their trains of thought in agreement, to the forfeiture of the "should be" to the "is" of the existing de facto power at the times. In doing so, they destroyed the prere­ quisites from which they themselves started off, not only as practical-acting but, also, as theoretical-thinking men, in one and the same breath. (shrink)

Keine ausführliche Beschreibung für "Die Naturrechtslehre Samuel Pufendorfs" verfügbar.

Written in the 1960s, TRUTH AND METHOD is Gadamer's magnum opus.

In lieu of an abstract, here is a brief excerpt of the content:The “Magic” of Music:Archaic Dreams in Romantic Aesthetics and an Education in AestheticsAlexandra Kertz-WelzelO, then I close my eyes to all the strife of the world—and withdraw quietly into the land of music, as into the land of belief, where all our doubts and our sufferings are lost in a resounding sea....1Music serves many different functions in human life, accompanying everyday activities such as working, shopping, or watching TV, (...) as well as creating an individual world of sounds in which to relax, to enjoy life, or just to escape into one's dreams. Tia DeNora describes this personal use of music as a technology for the self and quotes Mireille, a contract cleaner, who thinks that "everybody should listen to music. It helps you to be calm, relaxed, to see your life differently."2This desire to change minds or moods and perhaps to be personally transformed by music also motivates adolescents to listen to their music giving them a strong feeling of self-identity and helping to relieve boredom, get through difficult times, or reduce tension.3 Although this obviously everyday use of music is usually different from the life-changing strong experiences with music which Robert Panzarella4 or Alf Gabrielsson5 investigate in their research, it nevertheless shows the natural human desire to use music to transform emotions or experience life more intensively. Certainly, adolescents do have different kinds [End Page 77] of intensive and even ecstatic experiences with music; for example, while attending a rock concert with its pseudo-religious implications, or a Friday night dance party with friends, or while making music in a band. Gabrielsson quotes the description of a young woman, attending an outdoor concert of Prince:One feels so free somehow. At concerts one can dance, jump, scream and sing as much as one wants. You are like a part of it all, not just a spectator. Throughout the whole concert the audience was in total ecstasy. It was only one thing that mattered: the music! You are filled with the wonderful feeling that everything is all right, that you are living only for what is happening 'right now.' You are in a way 'intoxicated with joy."... You don't think about what you are doing. You do what you feel like, without even thinking about it.6This desire for intensive or even ecstatic experiences through music is not only an aspect of individual life, it is also an important issue in the history of music and aesthetics from ancient times. One origin of music and art can be found in the relationship of music with religion and ritual, using sound's emotional and ecstatic power to connect the world of human beings and the sacred. Music as magic and a means of ecstasy was a frequent conceptualization in ancient Egypt, as well as in Greece, in the rites of ancient Celts and early Christians, and also in non-Western religions today.7 Priests or shamans among the Australian Aborigines, Native Americans, and West-African tribes use the emotional power of music to evoke trance in their contemporary practices.Unfortunately, the aesthetics of Western European art music, especially since the eighteenth century, tends to eliminate this sensual "magic"8 of music only to replace an ecstatic way of experiencing music with a more intellectual approach. The idea of absolute music or the aesthetics of formalism attempts to establish a "pure" approach to listening without feeling, imagination, or sensuality. It is a claim to elitism which might be one reason why it is difficult for students to be affected by Western European art music, since it appears to be far away from their own world of intensive music experience. Not only the way of listening and performing Western European art music, but also the music itself may prevent students from further involvement in "classical" music and having the kind of intensive experiences their "own" music offers them. If a goal of music education is not only to involve students in art music but also to deepen and enhance their lives through aesthetic experiences, it may be reasonable to start with their musical experiences and to... (shrink)

Émile Durkheim remains one of the most controversial, and deeply misunderstood, classics of social theory. His work differs from the dominant version of sociology that has essentially accepted the modernist self-description of contemporary societies; and it contradicts the individualism that has come to dominate the social sciences. For everybody who is interested in constructing theoretical alternatives to this individualism, Durkheim's sociology can be a useful inspiration - not only because of the solutions it suggests, but already because of the questions (...) it asks. Making use of the theoretical possibilities offered by the Durkheimian tradition, however, requires going beyond the familiar appropriations. The Oxford Handbook of Émile Durkheim takes stock of the different recent debates on Durkheimian sociology, and makes them accessible to a wide audience spanning various disciplines; this includes crucial debates that, due to language barriers, are not easily accessible for an English-reading public. The handbook's chapters elucidate the controversial key concepts of Durkheimian sociology; situate them within the contemporary political and theoretical debates they were originally responding to; offer surveys of empirical research that uses Durkheimian concepts (on topics that were already central for Durkheim's own work as well as on topics that Durkheim hardly touched upon), thus demonstrating the possibilities of a Durkheimian sociology; bring out the divergent, and competing, ways in which Durkheim's ideas have been appropriated and reformulated within more recent theoretical developments in the social sciences. In doing so, this volume is an important resource for all scholars and students looking to understand Durkheimian sociology. (shrink)

Aesthetics is commonly considered a complicated field of inquiry, particularly for students. Nevertheless, aesthetic experiences often raise questions about the nature of music which philosophical aesthetics is intended to answer. To bring students in contact with aesthetics depends primarily on the choice of appropriate methods. Case studies exemplify aesthetic theory in a small story. They can engage students in aesthetic inquiry directly related to students' musical world. Case studies also offer further applications to music education in terms of performing, improvising, (...) or giving pre-concert lectures. Music education could use the opportunities which aesthetics offers in order to enhance making music and aesthetic experiences. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The “Magic” of Music:Archaic Dreams in Romantic Aesthetics and an Education in AestheticsAlexandra Kertz-WelzelO, then I close my eyes to all the strife of the world—and withdraw quietly into the land of music, as into the land of belief, where all our doubts and our sufferings are lost in a resounding sea....1Music serves many different functions in human life, accompanying everyday activities such as working, shopping, or watching TV, (...) as well as creating an individual world of sounds in which to relax, to enjoy life, or just to escape into one's dreams. Tia DeNora describes this personal use of music as a technology for the self and quotes Mireille, a contract cleaner, who thinks that "everybody should listen to music. It helps you to be calm, relaxed, to see your life differently."2This desire to change minds or moods and perhaps to be personally transformed by music also motivates adolescents to listen to their music giving them a strong feeling of self-identity and helping to relieve boredom, get through difficult times, or reduce tension.3 Although this obviously everyday use of music is usually different from the life-changing strong experiences with music which Robert Panzarella4 or Alf Gabrielsson5 investigate in their research, it nevertheless shows the natural human desire to use music to transform emotions or experience life more intensively. Certainly, adolescents do have different kinds [End Page 77] of intensive and even ecstatic experiences with music; for example, while attending a rock concert with its pseudo-religious implications, or a Friday night dance party with friends, or while making music in a band. Gabrielsson quotes the description of a young woman, attending an outdoor concert of Prince:One feels so free somehow. At concerts one can dance, jump, scream and sing as much as one wants. You are like a part of it all, not just a spectator. Throughout the whole concert the audience was in total ecstasy. It was only one thing that mattered: the music! You are filled with the wonderful feeling that everything is all right, that you are living only for what is happening 'right now.' You are in a way 'intoxicated with joy."... You don't think about what you are doing. You do what you feel like, without even thinking about it.6This desire for intensive or even ecstatic experiences through music is not only an aspect of individual life, it is also an important issue in the history of music and aesthetics from ancient times. One origin of music and art can be found in the relationship of music with religion and ritual, using sound's emotional and ecstatic power to connect the world of human beings and the sacred. Music as magic and a means of ecstasy was a frequent conceptualization in ancient Egypt, as well as in Greece, in the rites of ancient Celts and early Christians, and also in non-Western religions today.7 Priests or shamans among the Australian Aborigines, Native Americans, and West-African tribes use the emotional power of music to evoke trance in their contemporary practices.Unfortunately, the aesthetics of Western European art music, especially since the eighteenth century, tends to eliminate this sensual "magic"8 of music only to replace an ecstatic way of experiencing music with a more intellectual approach. The idea of absolute music or the aesthetics of formalism attempts to establish a "pure" approach to listening without feeling, imagination, or sensuality. It is a claim to elitism which might be one reason why it is difficult for students to be affected by Western European art music, since it appears to be far away from their own world of intensive music experience. Not only the way of listening and performing Western European art music, but also the music itself may prevent students from further involvement in "classical" music and having the kind of intensive experiences their "own" music offers them. If a goal of music education is not only to involve students in art music but also to deepen and enhance their lives through aesthetic experiences, it may be reasonable to start with their musical experiences and to... (shrink)

In recent years, the internationalization of music education has become an important topic. Scholars of various research traditions try to find the best solutions for problems in music education theory and practice by taking a look at what other countries do. English as common language seems to facilitate this recent development. However, in spite of this seemingly unproblematic way of communicating, there are various obstacles which make the mutual understanding and the internationalization of music education difficult. This particularly concerns different (...) scholarly cultures and traditions of presenting research, both in written papers and oral presentations. Most scholars realize that there are difficulties, but because they mostly only know one culture of research well, they are not aware of the reasons for these problems. Therefore, it is important to take a critical look at the scholarly traditions in Germany and the United States, examining reasons and suggesting solutions for an internationalization of music education that takes into account the strengths of various traditions, while at the same time fostering international understanding and the improvement of music education all over the world. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:In Search of the Sense and the Senses:Aesthetic Education in Germany and the United StatesAlexandra Kertz-Welzel (bio)The dream that art is able to humanize human beings is very old. One person fascinated by this idea claimed:The creative artist educates and perfects through his work the nation's capacity for appreciation, just as conversely the general feeling for art thus developed and sustained creates the fruitful soil which is the (...) condition for the birth, the growth, and the activity of creative forces.1The author asserted that art has educational power and is able to improve appreciation as well as activate creative energy. Art is a way to transform the individual through its aesthetic power.Although these ideas sound similar to some approaches in arts education, this quotation does not represent the ideas of an art educator or a music educator. It is a quotation from one of the most powerful and most dangerous believers in the transforming power of art and music, in particular—Adolf Hitler (1889-1945). His ideology matched perfectly with the ideas of German music education in the 1930s, and therefore music education was a significant part of the school curriculum during the Third Reich. One of the most tempting ideas for music educators is the claim that music is capable of transforming human beings and their society.The idea of the educational power of music starts at least with Plato. Since the 1950s, aesthetic education has emphasized the aesthetic value and educational power of music. The German and the American concepts of aesthetic education are significantly different, but as a result of historical developments, they also share some similarities.The main intent of this paper is to analyze crucial issues of aesthetic education that exist in Germany and the United States. By comparing the two approaches, some core issues of music education will also be revealed in terms of idealistic dreams that are intent on making the world a better place [End Page 102] through music. This leads to some interesting insights concerning the significance but also the ambiguity of art for societies.The Roots: Ancient Greece, Schiller, and Holistic DreamsThe origin of the term aesthetics can be found in the Greek word aisthesis, which means perception through the senses.2 This meaning of aisthesis is originally not related to art. It concerns all kinds of sensations through seeing, hearing, touching, smelling, and tasting. In Greek philosophy, aisthesis as a way of experiencing the world through the senses is opposite to cognition in terms of an intellectual way of realization, the theoria. But given that art is something one can perceive through the various senses, aisthesis also concerns art.Most theories of aesthetic education refer to the ancient Greek idea of music, the musiké, which is a unity of music, dance, and literature. Plato emphasized the educational power of music and its effects on character development: "Musical training is a more potent instrument than any other, because rhythm and harmony find their way into the inward places of the soul.... "3 Since music is so powerful, the correct use and the correct kind of music are important. According to Plato, art is a way to learn about truth and ideas through beauty. But art is also dangerous, because the senses "lie" and art is only an imitation of truth. For Plato, the senses are not as clear as the intellect.Plato's concerns about the ambivalence of sensorial perception are typical for the way aisthesis and aesthetics have been understood throughout the history of philosophy. The tension between a "true" intellectual approach to knowledge and an inferior approach through the senses is one aspect of the well-known mind-body dichotomy.During the eighteenth century, the era of enlightenment, Alexander Baumgarten (1714-62) introduced the term aesthesis into the philosophical discussion.4 In his book Aesthetica (published in 1750), he attempted to justify sensorial perception and emotions as a unique way of understanding the world. Baumgarten was not interested in the arts at all and tried to establish aesthetics as the science of sensuous cognition in order to improve the sensuous capacity for cognition. Immanuel Kant (1724-1804) was the... (shrink)

Community music is a successful concept in the world of music and music education. Based on ethnomusicological research, community music tries to implement the notion of music for all that transforms societies and people. While celebrating informal learning and the musical amateur, community music has never really been philosophically challenged or critically analyzed. This might be surprising because community music is a rather vague concept. This paper critically analyzes some of community music’s foundations in terms of epistemological or ethnomusicological issues, (...) Kitsch, the notion of learning, and the relation to higher education. In order to improve musicking internationally, it is crucial to start critically investigating the very foundations of community music and with regard to fostering a collaboration with music education. (shrink)

Abstract:Classical music has often been a chosen enemy in discourses about music in general and music education in particular. It has been blamed for being an elitist culture and perpetuating inequality in societies. This and many more rather one-sided arguments dominate the discourse about classical music. But are they really true? Should classical music therefore be eliminated from the music education curriculum? This paper analyzes selected aspects of the ongoing criticism of classical music in music education from a philosophical and (...) sociological perspective. It identifies, questions, and addresses significant arguments. The main thesis of this paper is that it might be time to deconstruct the discourses surrounding classical music, as particularly dominated by Anglo-American education, toward understanding classical music in music education from a global point of view, recognizing it as one musical culture among many others. (shrink)

In recent years, comparative education and comparative music education became important fields of research. Due to globalization, but also to international student assessments, it is most common to compare the outcomes of entire school systems or specific subject areas. The main goal is to identify the most successful systems and their best practices in order to help struggling countries to improve. While the notion of borrowing from successful systems might at first glance seem convincing, it has its clear downsides: it (...) fosters a kind of “cargo culture,” where the export and import of educational models and successful practices is undertaken without taking into account critical aspects of this procedure. This paper examines critically borrowing foreign educational practices as a goal of comparative music education, in the context of globalization. It takes an interdisciplinary perspective, using results from comparative education research and utilizing it for music education and music education philosophy. (shrink)

Burnout is a risk for many music teachers, particularly the highly successful and effective teachers. Burnout is more than a personal feeling of discomfort or fatigue. It is an attack on professional efficiency and personal integrity. Burnout is affecting male and female music teachers in different ways, because women tend to react to stress in other ways than men and are in a different position in schools, often suffering from the various roles they have both in professional and private life. (...) The school environment, which is often male dominated, output-oriented, and focused on achievement, is sometimes not a good place for a female music educator's creativity, intuition, and search for personal growth. This paper explores ways philosophy of music education can contribute to a more comprehensive understanding of female music teachers' burnout, also offering opportunities for prevention or treatment. (shrink)

In 1890 C. S. Peirce wrote a review of A. C. Fraser’s recent book on Locke, published to coincide with the bicentennial of Locke’s Essay. Peirce remarked that “Locke’s grand work was substantially this: Men must think for themselves, and genuine thought is an act of perception…. We cannot fail to acknowledge a superior element of truth in the practicality of Locke’s thought, which on the whole should place him nearly upon a level with Descartes.” This estimate of Locke was (...) not the common opinion in England during the nineteenth century. This opinion was reflected in Fraser’s book which, Peirce remarked, could not “be said to be a sympathetic account of [Locke]. The biographer seems to see no charm in his hero, and is perpetually speaking of his want of imagination; which only means he was not given to unpractical dreaming.” Locke had his knowledgeable critics and defenders—for instance Dugald Stewart and John Stuart Mill—but the common opinion ranged from extreme hostility and contempt to condescending criticism of isolated minor points. His style was deplored, his philosophy was called unoriginal and a mere unacknowledged plagiarism of Gassendi and Hobbes; he was said to have so thoroughly misunderstood Descartes that he had merely repeated him with new errors; he was said to owe his philosophical reputation entirely to his advocacy of the popular argument for political freedom or merely to the intellectual circumstances of his time; he was held accountable for Condillac’s rejection of reflection and reason; he was knocked down with a few bare sentences loosely drawn from Leibniz; he was said to have made the mind a puny, passive, mechanical thing. He was called a sensualist, a materialist, a sceptic, an atheist, and a utilitarian though at the same time—and not without contradiction—he was generally, especially by his critics, styled a “great lover of truth,” a plain and simple, well-meaning and religious man. To the nineteenth century Locke meant the Essay, and the history of the Essay was in large measure the history of modern thought, of the eighteenth century. Precisely for this reason there was something nearly sinister about him, in spite of his good personal character. “Locke, himself a clear, humble-minded, patient, reverent, nay, religious man,” said Carlyle, “had paved the way for banishing religion from the world.”. (shrink)

Written in the 1960s, TRUTH AND METHOD is Gadamer's magnum opus. Looking behind the self-consciousness of science, he discusses the tense relationship between truth and methodology. In examining the different experiences of truth, he aims to "present the hermeneutic phenomenon in its fullest extent.

This essay argues that Pufendorf conceived the principles of natural law against the rationalism and innatism of the 17th century, and that Condillac similarly formulated a conception of the human origin of language, both of them thus securing open and human foundations for the two primal institutions of law and language, and also making all citizens free agents in the ordering of communal living.

Name der Zeitschrift: Das Mittelalter Jahrgang: 22 Heft: 1 Seiten: 93-114.

The thesis that cultures oppose the emphasis on emancipative values and liberal democracy has mostly been criticized for its political instrumentality. By contrast, the empirical claim about most AsiansWestEast’, confirming a universal model of human development rather than Asian exceptionalism, or any other form of cultural exceptionalism.

Albert approaches critical rationalism as an alternative to other philosophical standpoints dominant in Germany: the conceptions of the Frankfurt School, hermeneutical thinking as represented by Gadamer, analytic philosophy, and logical empiricism. The author's purpose is to find a way out of the foundationalism of classical philosophy without falling back on the skeptical views so prevalent in today's philosophical thinking. Originally published in 1985. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the (...) distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905. (shrink)

Introduces contemporary American philosophy of technology through six of its leading figures. The six American philosophers of technology whose work is profiled in this clear and concise introduction to the field—Albert Borgmann, Hubert Dreyfus, Andrew Feenberg, Donna Haraway, Don Ihde, and Langdon Winner—represent a new, empirical direction in the philosophical study of technology that has developed mainly in North America. In place of the grand philosophical schemes of the classical generation of European philosophers of technology, the contemporary American generation addresses (...) concrete technological practices and the co-evolution of technology and society in modern culture. Six Dutch philosophers associated with Twente University survey and critique the full scope and development of their American colleagues’ work, often illustrating shifts from earlier to more recent interests. Individual chapters focus on Borgmann’s engagement with technology and everyday life; Dreyfus’s work on the limits of artificial intelligence; Feenberg’s perspectives on the cultural and social possibilities opened by technologies; Haraway’s conception of the cyborg and its attendant blurring of boundaries; Ihde’s explorations of the place of technology in the lifeworld; and Winner’s fascination with the moral and political implications of modern technologies. American Philosophy of Technology offers an insightful and readable introduction to this new and distinctly American philosophical turn. Contributors are Hans Achterhuis, Philip Brey, René Munnik, Martijntje Smits, Pieter Tijmes, and Peter-Paul Verbeek. (shrink)

Hans Reichenbach, a philosopher of science who was one of five students in Einstein's first seminar on the general theory of relativity, became Einstein's bulldog, defending the theory against criticism from philosophers, physicists, and popular commentators. This book chronicles the development of Reichenbach's reconstruction of Einstein's theory in a way that clearly sets out all of its philosophical commitments and its physical predictions as well as the battles that Reichenbach fought on its behalf, in both the academic and popular (...) press. The essays include reviews and responses to philosophical colleagues, such as Moritz Schlick and Hugo Dingler; polemical discussions with physicists Max Born and D. C. Miller; as well as popular articles meant to clarify aspects of Einstein's theories and set out their philosophical ramifications for the layperson. At a time when physics and philosophy were both undergoing revolutionary changes in content and method, this book is a window into the development of scientific philosophy and the role of the philosopher. (shrink)