Sieht man von Gustave de Beaumont ab, mit dem er die Amerikareise antrat, und von Louis de Kergorlay, so war sicherlich Jean-Jacques Ampère der engste Freund Tocquevilles. Er besaß im Schloss Tocqueville ein für ihn bestimmtes Quartier und wurde stets mit großer Freude von Tocqueville und seiner Frau empfangen.

Neben Gustav de Beaumont haben viele andere Freunde, Kollegen und Lehrer Tocqueville, zum Teil ein Leben lang, begleitet und geprägt.

Das Handbuch gewährt einen umfassenden Überblick über Tocquevilles Leben, Werk und Wirkung auf dem aktuellen Stand der historischen, philosophischen und sozialwissenschaftlichen Forschung. Dem äußerst facettenreichen, in Deutschland aber nach wie vor unterschätzten Autor widmet dieser Band eine ebenso kompakte wie systematische Darstellung, die auf der Basis eines strukturierten Zugriffs und unter Berücksichtigung aller seiner Schriften verschiedene Aspekte seines Denkens erfasst. Deutschsprachige Leserinnen und Leser können sich schnell und zielführend fundierte Informationen über Tocquevilles Theorien, seine zentralen Begriffe sowie die wichtigsten Einflüsse (...) verschaffen. Zugleich dient das Handbuch als Kompass zur Einordnung von Tocquevilles Analysen in gegenwärtige Debatten und Themengebiete und gibt anschlussfähige Hinweise für die Konzeption von Projekten in Forschung und Lehre. (shrink)

Das Handbuch gewährt einen umfassenden Überblick über Tocquevilles Leben, Werk und Wirkung auf dem aktuellen Stand der historischen, philosophischen und sozialwissenschaftlichen Forschung. Dem äußerst facettenreichen, in Deutschland aber nach wie vor unterschätzten Autor widmet dieser Band eine ebenso kompakte wie systematische Darstellung, die auf der Basis eines strukturierten Zugriffs und unter Berücksichtigung aller seiner Schriften verschiedene Aspekte seines Denkens erfasst. Deutschsprachige Leserinnen und Leser können sich schnell und zielführend fundierte Informationen über Tocquevilles Theorien, seine zentralen Begriffe sowie die wichtigsten Einflüsse (...) verschaffen. Zugleich dient das Handbuch als Kompass zur Einordnung von Tocquevilles Analysen in gegenwärtige Debatten und Themengebiete und gibt anschlussfähige Hinweise für die Konzeption von Projekten in Forschung und Lehre. (shrink)

Erratum zu:N. Campagna et al.,Tocqueville-Handbuch,https://doi.org/10.1007/978-3-476-05754-9Ecrits sur le système pénitentiaire en France et à l’étra.

This collection, first published in 2000, brings together essays by some of the most prominent scholars currently writing in commercial law theory. The essays address the foundations of efficiency analysis as the dominant theoretical paradigm in contemporary corporate and commercial law scholarship. Some of the questions addressed in the volume are: What are the historical roots of efficiency analysis in contract, sales, and corporate law? Is moral theory irrelevant to efficiency analysis in these areas; if relevant, are morality and efficiency (...) compatible? Even if efficiency is otherwise reasonable as a normative goal in corporate and commercial law, does the complexity of efficiency make it practical to administer in adjudication? What is the best way of pursuing efficiency in corporate and commercial law? The volume reflects the most exciting work being done in contemporary legal theory. It will be of interest to professionals and students in law and philosophy of law. (shrink)

Psychology ought to describe how and explain why we human beings live our lives as we do, which necessarily comes down to how and why we engage in the actions and have the subjective experiencings that we do. Our physical actions are themselves in part subjective phenomena, because actions are not simply body movements but also essentially involve intentions, beliefs about specific causation, and a sense of voluntariness. Thus, whatever else it is, psychology is inescapably the science of explaining the (...) personally subjective. It is time for psychology to openly embrace its subjective subject-matter as such, which would open up a vast domain still waiting to be systematically studied. 2012 APA, all rights reserved). (shrink)

The Metaphysics of Experience styles itself as "a Sherpa guide to Process and Reality, whose function is to assist the serious reader in grasping the meaning of the text and to prevent falls into misinterpretation." Although originally published in 1925, Process and Reality has perhaps even more relevance to the contemporary scene in physics, biology, psychology, and the social sciences than it had in the mid-twenties. Hence its internal difficulty, its quasi-inaccessibility, is all the more tragic, since, unlike most metaphysical (...) endeavors, it is capable of interpretating and unifying theories in the above sciences in terms of an organic world view, instead of selecting one theory as the paradigm and reducing all others to it. Because Alfred North Whitehead is so crucial to modern philosophy, The Metaphysics of Experience plays an important role in making Process and Reality accessible to a wider readership. (shrink)

David Bohm's interpretation of quantum mechanics yields a quantum potential, Q. In his early work, the effects of Q are understood in causal terms as acting through a real (quantum) field which pushes particles around. In his later work (with Basil Hiley), the causal understanding of Q appears to have been abandoned. The purpose of this paper is to understand how the use of certain metaphors leads Bohm away from a causal treatment of Q, and to evaluate the use of (...) those metaphors. (shrink)

End-of-life decision-making in patients with dementia is a complex topic. Belgium and the Netherlands have been at the forefront of legislative advancement and progressive societal changes concerning the perspectives toward physician-assisted death (PAD). Careful consideration of clinical and social aspects is essential during the end-of-life decision-making process in patients with dementia. Geriatric assent provides the physician, the patient and his family the opportunity to end life with dignity. Unbearable suffering, decisional competence, and awareness of memory deficits are among the clinical (...) considerations that physicians should incorporate during the end-of-life decision-making process. However, as other societies introduce legislature granting the right of PAD, new social determinants should be considered; Mexico City is an example. Current perspectives regarding advance euthanasia directives (AED) and PAD in patients with dementia are evolving. A new perspective that hinges on the role of the family and geriatric assent should help culturally heterogeneous societies in the transition of their public health care policies regarding end-of-life choices. (shrink)

This 1994 book constitutes a sustained, comprehensive, and rigorous critique of contemporary Hobbesian contractarianism as expounded in the work of Jean Hampton, Gregory Kavka, and David Gauthier. Professor Kraus argues that the attempts by these three philosophers to use Hobbes to answer current political and moral questions fail. The reasons why they fail are related to fundamental problems intrinsic to Hobbesian contractarianism: first, the problem of collective action arising out of the tension in Hobbes's theory between individual and collective rationality; (...) second, the classical problem of explaining the normative force of hypothetical action, a problem that can be traced to the conflicting strategies of hypothetical justification found in Rawls's and Hobbes's theories. Given the deep interest in Hobbesian contractarianism among philosophers, political theorists, game theorists in economics and political science, and legal theorists, this book is likely to attract wide attention and infuse life into the contractarian debate. (shrink)

An axiomatization of the theory is presented based on an explication of the 1957 text. Twenty-five theorems are deduced from the seven postulates. An abstract test space for the theory is formulated and the operations for its practical testing discussed. Traditional experimentation with the theory seems generally concerned with few of its propositions and incapable of testing it.

The idea that legal theories seek not only to explain but to evaluate the moral justification of particular areas of law is quite familiar. Yet little attention has been paid to the minimal criteria of adequacy for justificatory legal theories. Whereas many theories claim to identify the moral grounds that justify a particular area of law, such as contracts or torts, none of them explains how its justification determines the outcomes of adjudication governed by the law in that area. In (...) this brief Essay for the William and Mary Law Review Symposium on Law and Morality, I argue that a particular area of law can be justified only by identifying moral reasons that fully determine the results of adjudication. No matter how compelling the moral reasons a legal theory identifies, and how tight the fit between those reasons and the structure and content of the legal rules governing a judicial decision, a legal theory fails to justify a particular area of law if the reasoning it identifies falls short of fully determining the results in the judicial decisions governed by that law. Though this bold claim may seem unrealistic, I argue that legal theories can satisfy this determinacy requirement by identifying determinate but inconclusive reasoning that explains outcomes in adjudication. While such reasoning may prove to be erroneous, that does not undermine its justificatory force. (shrink)

In his classic monograph, The Death of Contract, Grant Gilmore argued that Christopher Columbus Langdell, Oliver Wendell Holmes, and Samuel Williston trumped up the legal credentials for their classical bargain theory of contract law. Gilmore's analysis has been subjected to extensive criticism, but its specific, sustained, and fundamental charge that the bargain theory was based on a fraudulent misrepresentation of precedential authority has never been questioned. In this Essay, I argue that Gilmore's case against the classical theorists rests on the (...) suppressed premise that the precedential authority of cases resides in the express judicial reasoning used to decide them. In contrast, I argue that the classical theorists implicitly presuppose that the precedential authority of cases consists in the best theory that explains their outcomes, even if that theory is inconsistent with the case's express judicial reasoning. The classical view of precedential authority completely defuses Gilmore's charge of fraud. In Gilmore's view, merely demonstrating the inconsistency between the proposition for which the classical theorists cited a case and the express reasoning in that case suffices as proof of misrepresentation. But in the classical theorists' view, the express reasoning in a case is simply a theory of its precedential authority, which, like any theory, can be wrong. Thus, the classical theorists simply reject Gilmore's claim that a case cannot properly be cited for a proposition inconsistent with its express reasoning. The real dispute, then, between Gilmore and the classical theorists is over the nature of precedential authority and not the content of contract law. Having reframed the classic death-of-contract debate, I then trace these competing conceptions of precedential authority through the major schools of contemporary contract theory. I argue that a contract theory's embrace of one view instead of the other can be explained by the relative priority it accords to each of the two components in a conception of adjudicative legitimacy. A conception of adjudicative legitimacy consists in a theory of what it means for a decision to be based on law and a theory of what is required for law to be justified. I explain why theories according priority to the former tend to subscribe to the precedents-as-outcomes view, while theories according priority to the latter tend to favor the express reasoning view. The Essay concludes by arguing that the economic analysis of contract law subscribes to the precedents-as-outcomes view and therefore is the contemporary jurisprudential successor to the late nineteenth-century classical theorists. (shrink)

Explanatory economic analysis of the common law has long been subject to deep philosophical skepticism for two reasons. First, common law decisions appear to be cast in the language of deontic morality, not the consequentialist language of efficiency. For this reason, philosophers have claimed that explanatory economic analysis cannot satisfy the transparency criterion, which holds that a legal theory's explanation must provide a plausible account of the relationship between the reasoning it claims judges actually use to decide cases and the (...) express reasoning judges provide in their opinions. Philosophers have doubted that the economic analysis has a plausible account of why judges would use deontic moral terms to explain cases they decide using consequentialist economic reasoning, arguing instead that only a deontic moral account of judicial reasoning can be squared with the judicial use of deontic moral language. Second, the common law has a bilateral structure, in which a plaintiff's right to recover and a defendant's duty to compensate are treated as correlative. Philosophers have observed that this structure seems custom tailored to retrospective moral rights adjudication and ill suited to prospective efficient regulation. Recently, two philosophers, Jules L. Coleman and Stephen A. Smith, have developed these ideas into a full-scale assault on the explanatory credentials of the economic analysis. I defend the economic analysis by arguing that the bilateral structure of the common law either constitutes a "second best" approach to providing incentives for efficient behavior, as economic analysts have maintained, or that it is the vestigial remnant of the common law's originally deontic conception. I also claim that the economic analysis satisfies the transparency criterion by arguing that terms with a deontic plain meaning have acquired a consequentialist contextual meaning within the common law. Although this "contextualist convergence" thesis is counterintuitive, I build on Coleman's semantic theory to explain how it is possible. To demonstrate that it is plausible as well, I argue that evolutionary forces would have naturally led to this result over the course of the common law's development. In particular, I claim that the substantial indeterminacy of deontic moral theory, and the superior determinacy of the economic analysis, explains why judges would be intuitively attracted to reasoning that is best reconstructed in economic terms, notwithstanding the superior normative force of deontic moral theory. Thus, the core of my defense of explanatory economic analysis is that its critics overlook the central theoretical and practical role determinacy plays in explanation and justification generally, and in the explanation of judicial reasoning in particular, where determinacy is prized, if not above all else, no less than any other virtue. (shrink)

One style of conducting scientific research involves the application of theoretical propositions to an empirical domain under investigation. The investigator plans his research in terms of the theoretical propositions and states his findings in these terms as well. We wish to examine not the merits of this style of research but a difficulty inherent in it. The difficulty concerns what is to be done when disconfirmative results are produced by some discrete study or experiment in the course of such research.