L’idée d’organiser à Paris un congrès international de philosophie scientifique « fut émise pour la première fois au cours d’une conversation à Berlin, en juillet 1932, entre Hans Reichenbach et Louis Rougier ». Dans une lettre du 6 août 1932 adressée à Reichenbach, Rougier mentionne déjà des contacts avec le ministère des Affaires étrangères pour obtenir des subventions et le 6 novembre de la même année, il propose à Reichenbach de tenir la manifestation en 1934 [voir Padovani 2006, 239-–240...

Max Weber ist ein Klassiker der Kultur- und Sozialwissenschaften. Sein Werk gehört weltweit zum Kernbestand von Forschung und Lehre, und dies gilt besonders für seine methodologischen Schriften, denen auch 100 Jahre nach ihrer Publikation nachhaltige Aufmerksamkeit beschieden ist. Allerdings gibt es immer noch kein einvernehmliches Verständnis von Webers Position. Der Grund dafür liegt in der mangelnden Aufarbeitung der Quellen. Viele wichtige Autoren, deren Werke Weber rezipierte, sind in Vergessenheit geraten. Sie in Erinnerung zu rufen, ist dringend notwendig, um seine Wissenschaftslehre (...) in ihrer ganzen Komplexität zu verstehen. 0Das vorliegende Sammelwerk leistet einen Beitrag zur Schließung dieser Forschungslücke. Es rekonstruiert den Denkraum des späten 19. und frühen 20. Jahrhunderts, in dem sich Weber bewegte, und zeigt anhand von Studien zu ausgewählten Autoren, wie umfassend und interdisziplinär sein Denken tatsächlich war. Dabei werden nicht nur Autoren aus den Kultur- und Sozialwissenschaften berücksichtigt, sondern auch solche aus den Naturwissenschaften, denn Weber war mit dem Fortschritt dieser Disziplinen ebenfalls vertraut. (shrink)

Johannes von Kries (1853-1928) left a fascinating work: As a physiologist, he had a lasting influence on research into colour perception. As a philosopher, he formulated a theory of probability which was received not only in philosophy (Hans Reichenbach, Ludwig Wittgenstein), but also in physics (Ludwig Boltzmann, Max Planck), jurisprudence (Gustav Radbruch), sociology (Alfred Schütz, Max Weber), economics (John Maynard Keynes), and belles-lettres (Robert Musil). This anthology reconstructs some central lines of reception. It contexts Kries' work in the history of (...) ideas and examines its topicality. --Page 4 cover. (shrink)

This paper contributes to the clarification of the concept of “typicality” discussed in contemporary philosophy of physics by conceiving the nomological status of a typical behaviour such as that expressed in the Second Law of Thermodynamics as a “minutis rectis law”. A brief sketch of the discovery of “typicality” shows that there were ideas of typical behaviour not only in physics but also in sociology. On this basis and in analogy to the Second Law of Thermodynamics, it is shown that (...) the nomological status of sociological laws such as Gresham’s Law can also be conceived as “minutis rectis laws”. (shrink)

By advocating an enlightened method of theorizing committed to thinking in terms of a system of differences, Luhmann has contributed to the development of sociology in a manner that cannot be praised enough. Nonetheless, he does not succeed in giving an account of his own position that satisfies the very logical preconditions that he himself has formulated for it. Instead, his systems theory paradigm of sociology is based on metaphysical premises characteristic of the identity-logical thought of "Old Europe." In fact, (...) the only way to make Luh mann's approach truly comprehensible is to reconstruct it as a new version of Hegel's dialectic. (shrink)

Scholarly correspondence can be as insightful as scholarly work itself, as it often documents the motivating forces of its writers’ intellectual ideas while illuminating their lives more clearly. The more complex the authors’ scholarly works and the more troubled the eras in which they lived, the more substantial, and potentially fascinating, their correspondence. This is especially true of the letters between Alfred Schutz and Eric Voegelin. The scholars lived in incredibly dramatic times and produced profound, complex works that continue to (...) confound academics. The communication between these two giants of the social sciences, as they sent their thoughts to one another, was crucial to the work of both men. _A Friendship That Lasted a Lifetime: The Correspondence between Alfred Schutz and Eric Voegelin _demonstrates that Schutz and Voegelin shared a remarkable friendship: they first met as students in Vienna in the 1920s and found themselves great partners in discussion; years later they were pushed out of Europe by Nazi pressure and went to work at separate American universities. For twenty years they wrote each other, developing their respective scientific works in that dialogue. The letters bear witness to their friendship during the years they spent in exile in the United States, and they document the men’s tentative attempts at formulating the theories of “lifeworld” and “gnosis” associated with Schutz and Voegelin today. The entire collection of 238 letters was printed in German in 2004, but this edited volume is the first to present their correspondence in English and offers a selection of the most important letters—those that contributed to the thinkers’ theoretical discussions and served as background to their most significant thoughts. Editors Gerhard Wagner and Gilbert Weiss do not analyze Schutz’s and Voegelin’s works in light of the correspondence—rather, they present the collection to create a framework for new interpretations. _A Friendship That Lasted a Lifetime_ takes a unique look at two major social scientists. This volume is a valuable resource in the study of Voegelin’s political philosophy and Alfred Schutz’s contribution to American sociology and marks an important addition to the literature on these remarkable men. Showing how scholarly discourse and the dialogue of everyday life can shed light on one another, the book finally presents this correspondence for an American audience and is not to be missed by scholars of philosophy and sociology. (shrink)

The out?dated intentionalistic assumptions manifest in Habermas's Theory of Communicative Action undermine a solution to the problem of order in action theory beyond utilitarianism. An analysis of his intersubjectivistic conception, which is based on the theory of the speech?act, shows that the incompleteness of Habermas's linguistic turn is due to his attempt to revive the older Critical Theory's concept of critique. The claims for a scientifically well?founded revival of a universal concept of reason ? which are asserted in this concept (...) ? invalidate the intersubjectivistic paradigm in action theory and therefore obstruct the way to a de?individualized formulation of the theory of social contract that avoids the paradox of utilitarian models. (shrink)

The liability regime for officers and directors of German companies combines strict and lenient elements. Officers and directors are liable for simple negligence, they bear the burden of proof for establishing diligent conduct, and they are liable for unlimited damages. These elements are worrisome for the reason that managers are confronted with the full downside risk of the enterprise even though they do not internalize the benefits of the corporate venture. This overly strict regime is balanced by other features of (...) the regime, namely comprehensive insurance and systematic under-enforcement. Even though the authority to enforce claims against the management is divided between three different actors - the supervisory board, the shareholders assembly, and individual shareholders - enforcement has remained the exception. Furthermore, under the current system of Directors’ and Officers’ liability insurance, board members do not feel the bite of liability as they are protected by an insurance cover that is contracted and paid for by the corporation. Thus, the current German system may combine the worst of two worlds, i.e., the threat of personal liability for excessively high amounts of damages in exceptional cases, and the practical irrelevance of the liability regime in run-of-the-mill cases. The present Article analyzes the shortcomings of the present regime and submits proposals for reform. (shrink)

Since its publication in early 2008, the DCFR has triggered an intensive discussion throughout Europe. The contributions combined in the present volume stand out as they add a Law & Economics perspective to the ongoing debate. A workshop held at the Law and Economics Faculty of the University of Bonn in November 2008 aimed at stimulating the debate on the economic implications of the principles and rules enshrined in the DCFR. An essential part of the papers presented at the Bonn (...) workshop are now being published. The topics addressed range from general issues such as the policies of anti-discrimination and consumer protection to analyses of specific legal areas, like the law of remedies, the law of service contracts and the law of torts or delict. (shrink)

Inhalt: - Systemtheorie und klassische Philosophie - Systemtheorie und transklassische Philosophie - Materiale, metatheoretische und ideologische Aspekte der Systemtheorie.

At the beginning of the year, the Draft Common Frame of Reference (DCFR) was published. The text is the result of the work of a broad range of private law scholars from the Member States of the European Union, and it presents itself as an ‘academic’ document, committed to the precepts of scholarship rather than politics. Notwithstanding its unwieldy name, the text is nothing less than the draft of the central components of a European Civil Code. The following article aims (...) to inform the reader about this potentially important document and to initiate further academic debate about it. Following an overview of the genesis and content of the DCFR (Part 1), the discussion focuses on whether, and to what extent, it is based upon consistent and convincing core aims and values (Part 2). The article then proceeds to address, more specifically, the significance of private autonomy, and it examines the extent to which the proposed rules satisfy the requirements of legal certainty and legal clarity (Part 3). Thereafter, the DCFR is measured against the criteria of internal consistency and systematic integrity (Part 4). Also (Part 5) the question is asked whether the Draft critically reflects and convincingly integrates the sources on which it is based (that is the Lando Commission's Principles of European Contract Law and the Acquis Principles, as well as the private law traditions of the Member States). Also deserving of attention is the inclusion of more than 120 definitions of central concepts of private law, which are not to be found in this form or level of detail in either the Lando Principles or the national private laws (Part 6). (shrink)