The phrase 'beyond historicism' is usually associated with Bielefeld historians like Hans Ulrich Wehler and Jürgen Kocka, who attempted to turn the study of history into a social science, but a better candidate would be the sociologist Niklas Luhmann, who happened to teach as well in Bielefeld during the 1970's and 1980's. Luhmann had little affinity with the project of his colleagues from the history department. He took the opposite view that the social sciences suffered from a naive enlightenment view (...) and should become more history minded. Like the historicists of the early nineteenth century Luhmann was indirectly inspired by the philosophy of Leibniz. Although Luhmann's theory of social systems may seem miles away from the daily interests of most historians, it can be interpreted as an Aufhebung of historicism. This will be demonstrated for two important concepts, the autopoietic system which incorporates the historicist notion of individuality and the concept of second order observation which can be read as an abstract redescription of what historicists meant by the historical method. (shrink)

ABSTRACTThe metaphor of historical distance often appears in discussions about the study of contemporary history. It suggests that we cannot see the past in perspective if we are too near to it. According to founding fathers like Ranke and Humboldt, temporal distance is required to discern historical “ideas” or forms. The argument may have some plausibility, but the presupposition is plainly false, since we cannot see the past at all. This leaves us with the question of what to make of (...) the so‐called historical forms. This article discusses three different views. The first, historicist, view is objectivist and localizes historical forms in the past. The second, narrativist, view is subjectivist and localizes historical forms in the realm of imagination and representation. The third view goes beyond the other two in that it considers both sides. It does not use a one‐sided but a two‐sided concept of form, which hinges on the idea of a distinction. This means that historical forms occupy both sides of the subject–object distinction or the present–past distinction. Because the subject–object terminology is confusing, the essay employs an alternative distinction between first‐ and second‐order observation. With the help of this distinction, it is possible to redescribe the distance metaphor in such a way that the theoretical status of contemporary history becomes less enigmatic. (shrink)

To address the burden of maternal morbidity and mortality in low‐ and middle‐income countries (LMICs), research with pregnant women in these settings is increasingly common. Pregnant women in LMIC‐context may experience vulnerability related to giving consent to participate in a clinical trial. To recognize possible layers of vulnerability this study aims to identify factors that influence the decision process towards clinical trial participation of pregnant women in an urban middle‐income setting. This qualitative research used participant observation, in‐depth interviews, and focus (...) group discussion with medical staff and pregnant women eligible for trial participation, at a regional hospital in Accra, Ghana. Besides lack of familiarity with modern scientific concepts, specific factors influencing the decision‐making process were identified. These include a wide power difference between health provider and patient, and a different perception of risk through externalization of responsibility of risk management within a religious context as well as a context shaped by authority. Also, therapeutic misconception was observed. The combination of these factors ensued women to rely on the opinion of the medical professional, rather than being guided by their own motivation to participation. Although being a (pregnant) woman per se should not render the label of being vulnerable, this study shows there are factors that influence the decision process of pregnant woman towards trial participation in a LMIC context that can result in vulnerability. The identification of context‐specific factors that can create vulnerability facilitates adaptation of the design and conduct of research in a culturally competent manner. (shrink)

This article considers Hugo Grotius’s ideas on a specific topic of commercial law, analysing his position and potential contributions to early modern Dutch insolvency legislation. It might be questioned how ‘Hollandic’ Grotius’s interpretations of legal solutions for insolvency as presented in the Inleidinge tot de Hollandsche Rechts-Geleerdheid actually were. Grotius’s treatment of cessie van goede is relatively strict, whereas compositions are hardly mentioned. A rather different image rises from his later work. Here, Grotius displays a more radical view, in specific (...) cases allowing the sovereign to interfere in private property rights and to restructure debts for the common good. It is an intriguing question if and to what extent these ideas can be related to contemporary Dutch insolvency practices. (shrink)

The destruction of the temple in Jerusalem by the Romans in AD 70 was an unquestionably traumatic event in the history of the Jewish people. By all accounts it was a social, political, and theological disaster. As such, contemporary Jewish figures wrestled with the meaning of the event. This article analyses the efforts by two figures in this internal Jewish dialogue to provide this meaning, namely, the historian Josephus and Jesus of Nazareth. We will see that in both cases the (...) meaning of the destruction was rooted in the firm conviction of the God of Israel’s existence and his self-revelation in Scripture. The temple was destroyed not apart from God or in spite of God, but in full accordance with his will. This will, moreover, was judged to be accessible through Scripture, both in terms of its prophetic value and its establishment of a metanarrative – redemptive history – that provided a framework for historical events. In addition, the reason for the destruction was judged by both to be the sins of (certain) people. The major difference between them lay rather in the question of which sins exactly were judged to be responsible. (shrink)

This commentary discusses three main requirements for models of vision, namely, translation and scale invariance, scalability, and hierarchy. Edelman's Chorus model falls short of fulfilling these requirements because it ignores the highly dynamic nature of vision. Incorporating an attentional mechanism and assuming geon-like prototype representations may enhance Chorus's plausibility as a model of human object recognition.

This book addresses the methodological issues involved in responsible innovation and provides an overview of recent applications of multidisciplinary research. Responsible innovation involves research into the ethical and societal aspects of new technologies (e.g. ICT, nanotechnology, biotechnology and brain sciences) and of changes in technological systems (e.g. energy, transport, agriculture and water). This research is highly multidisciplinary. It involves close collaboration between researchers in such diverse fields as ethics, social science, law, economics, applied science, engineering - as well as innovative, (...) design-oriented and policy-relevant. Although there is a trend to engage ethicists and social scientists early in technology development, most literature in the field of Technology Assessment or Ethics of Technology is still aimed at one discipline whereas this book incorporates different approaches and to discuss experiences, lessons and more general theoretical issues. (shrink)

In the law, it is generally acknowledged that there are intuitive differences between reasoning with rules and reasoning with principles. For instance, a rule seems to lead directly to its conclusion if its condition is satisfied, while a principle seems to lead merely to a reason for its conclusion. However, the implications of these intuitive differences for the logical status of rules and principles remain controversial.A radical opinion has been put forward by Dworkin (1978). The intuitive differences led him to (...) argue for a strict logical distinction between rules and principles. Ever since, there has been a controversy whether the intuitive differences between rules and principles require a strict logical distinction between the two. For instance, Soeteman (1991) disagrees with Dworkin's opinion, and argues that rules and principles cannot be strictly distinguished, and do not have a different logical structure. (shrink)

There has been much talk of the need to build intermediate models of the expertise required preparatory to constructing a knowledge-based system in the legal domain. Such models offer advantages for verification, validation, maintenance and reuse. As yet, however, few such models have been reported at a useful level of detail. In this paper we describe a method for conceptualising legal domains as well as its application to a substantial fragment of the Dutch Unemployment Benefits Act (DUBA).We first discuss the (...) intermediate models (called expertise models), then present a three-stage method for their construction, drawing on the CommonKADS work in knowledge acquisition, conceptual models of statute law, and the KANT method of knowledge analysis. Subsequently, we describe how these techniques were applied to the DUBA, and provide detailed examples of the resulting model. Finally, conclusions on the framework and guidelines are given as well as means of recording and presenting the various design choices. (shrink)

Die ersten Überlegungen zu diesem Text entstanden bereits im Wintersemester 1994/95, als ich noch am Otto-Suhr-Institut der Freien Universität Berlin gearbeitet habe. Die wissenschaftlich äu­ ßerst anregende Atmosphäre und die stets spannenden Seminardis­ kussionen, für die ich mich noch einmal herzlich bedanken möch­ te, bilden den impliziten Grundstein meiner demokratietheoreti­ schen Überlegungen. Die äußeren Begleitumstände des Schreibens waren dagegen leider nicht durchgängig erfreulich. Ich möchte deshalb ganz be­ sonders denjenigen danken, die sich die Zeit genommen haben, den Großteil des Manuskripts (...) in einer frühen Phase gründlich zu lesen und positiv zu kommentieren: Christine Bauhardt, Tanja Berg, Karin Meißenburg und Uta Ruppert. Ein ganz herzliches Dankeschön für Unterstützung, Ermutigung, solidarische Rat­ schläge und ungezählte Telefoneinheiten Geduld! Besonderer Dank geht an Christine Bauhardt, die sich professionell mit dem Manuskript befaßte. Die Zusammenarbeit hat, trotz der Umstände, Freude gemacht. Ein Dankeschön ebenfalls an Josef Esser für sei­ ne aufmunternde Beratung aus der US-amerikanischen Ferne. Gleichfalls Ermutigung und Unterstützung sowie wichtige inhaltliche Anregungen verdanke ich einmal mehr meiner langjäh­ rigen Theoriearbeitsgruppe: Lieben Dank an Michela Betta, Ursula Hornung und Christi ne Kruse. Auch Erich Weiß stand mit Rat und Tat, mit Trost, Aufmunterung und großer Geduld unermüdlich zur Seite: Merci! Siegrid Wieczorek hat schnell und zuverlässig Literatur re­ cherchiert, die auf unterschiedliche Weise in diesen Text oder sei­ ne Vorfassungen und -überlegungen eingegangen ist. Herzlichen Dank dafür. Ein herzliches Dankeschön ebenfalls an Andrea 7 Herrmann, die als Computerfachfrau dem Manuskript die endgül­ tige Form gegeben hat. (shrink)

I bestræbelsen på at placere et gennemført forskningsprojekt undersøges om det kan knyttes an til den åndsvidenskabelige pædagogik, der i Tyskland og Nederlandene dominerede den akademiske pædagogik i den første to tredjedel af det 20. århundrede. Der var gode grunde til at denne akademiske disciplin blev udkonkurreret at hhv. en empirisk-analytisk og en kritisk-emancipatorisk tilgang, men udfordringen af at etablere en pædagogisk videnskab der hverken er teknisk eller normativ er fortsat aktuel. Den åndsvidenskabelige pædagogik fik sin egenart af, at den (...) søgte at manifestere sig på feltet mellem det man kan vide om barnet og det barnet kan blive til. I en kritisk gennemgang foreslås, at det er muligt at holde fast ved ønsket om en pædagogisk videnskab om og for praksis, når man forankrer den i pædagogikkens karakter af at være et projekt. Pædagogik bliver derved til en handlingsvidenskab, der er hjemsted for forskningsprojekter som det projekt der præsenteres i artiklens begyndelse. (shrink)

Overzicht van de ontwikkeling van het ideaal van de vrije mens in de westerse wereld.

This study investigates the methodology and tradition of Aëtius' Doxography of physics and provides a full reconstruction of Book II as a single unified text.

Classical logic is based on an underlying view of the world, according to which there are elementary facts and compound facts, which are logical combinations of these elementary facts. Sentences are true if they correspond to, in last instance, the elementary facts in the world. This world view has no place for rules, which exist as individuals in the world, and which create relations between the most elementary facts. As a result, classical logic is not suitable to deal with rules, (...) and is therefore unsuitable to deal with legal reasoning. A logic that is more suitable should take into account that law is a part of social reality, in particular a part that consists of constructivist facts, and that rules play a central role in law. This article gives a superficial description of how social reality exists and of the place of law and legal rules in it. It uses this description to argue that traditional techniques to reason with and about legal rules provide a better logic for law than classical logic. These techniques can be accommodated in a logic that treats rules as logical individuals. (shrink)

A new reconstruction and edition of the _Placita_ of Aëtius (ca. 50 CE), arguably the most important work of ancient doxography covering the entire field of natural philosophy. Accompanied by a full commentary, it replaces the seminal edition of Herman Diels (1879).

This contribution elaborates the idea that norms are rules that lead to deontic consequences. Rules are one kind of constraints on possible worlds. They determine which facts necessarily go together or cannot go together. Three kinds of rules are distinguished: dynamic rules which attach consequences to the occurrence of events, fact-to-fact rules which attach one fact to the presence of some other fact, and counts-as rules, which make that some things also count as something else. Deontic facts are facts that (...) tend to induce a motivation to comply with them in agents to which they apply. A distinction is made between two kinds of basic deontic facts—the existence of duties and of obligations—and two kinds of supervening deontic facts: being obligated and owing to do something. Some norms lead to obligations, and others impose duties. (shrink)

Recent investigations on how people derive meaning from language have focused on task‐dependent shifts between two cognitive systems. The symbolic (amodal) system represents meaning as the statistical relationships between words. The embodied (modal) system represents meaning through neurocognitive simulation of perceptual or sensorimotor systems associated with a word's referent. A primary finding of literature in this field is that the embodied system is only dominant when a task necessitates it, but in certain paradigms, this has only been demonstrated using nouns (...) and adjectives. The purpose of this paper is to study whether similar effects hold with verbs. Experiment 1 evaluated a novel task in which participants rated a selection of verbs on their implied vertical movement. Ratings correlated well with distributional semantic models, establishing convergent validity, though some variance was unexplained by language statistics alone. Experiment 2 replicated previous noun‐based location‐cue congruency experimental paradigms with verbs and showed that the ratings obtained in Experiment 1 predicted reaction times more strongly than language statistics. Experiment 3 modified the location‐cue paradigm by adding movement to create an animated, temporally decoupled, movement‐verb judgment task designed to examine the relative influence of symbolic and embodied processing for verbs. Results were generally consistent with linguistic shortcut hypotheses of symbolic‐embodied integrated language processing; location‐cue congruence elicited processing facilitation in some conditions, and perceptual information accounted for reaction times and accuracy better than language statistics alone. These studies demonstrate novel ways in which embodied and linguistic information can be examined while using verbs as stimuli. (shrink)

Peter Hall introduced the concept of paradigm shifts into the public policy discourse. His account explains the seismic transition the world experienced in the 1980s. With this neoliberal paradigm...

This paper looks at some of the ways in which environmental philosophers have sought to press ecological concepts into the service of environmental ethics. It seeks to show that although ecology plays a major role in opening our eyes to sources of value in the natural world, we should not necessarily attempt to build our account of nature’s value upon the concepts which ecology supplies. No description is going to capture nature’s essence; no formula is going to demonstrate its value. (...) We should recognise the natural world as a particular historic individual and relate to it accordingly. This means acknowledging its value in a contingent, conditional and provisional way, and recognizing its value as a precondition of the value of our own lives. (shrink)

In the Netherlands, in 2002, euthanasia became a legitimate medical act, only allowed when the due care criteria and procedural requirements are met. Legally, an Advanced Euthanasia Directive can replace direct communication if a patient can no longer express his own wishes. In the past decade, an exponential number of persons with dementia share a euthanasia request with their physician. The impact this on physicians, and the consequent support needs, remained unknown. Our objective was to gain more insight into the (...) experiences and needs of Dutch general practitioners and elderly care physicians when handling a euthanasia request from a person with dementia. We performed a qualitative interview study. Participants were recruited via purposive sampling. The interviews were transcribed verbatim, and analyzed using the conventional thematic content analysis. Eleven general practitioners and elderly care physicians with a variety of experience and different attitudes towards euthanasia for PWD were included. Euthanasia requests appeared to have a major impact on physicians. Difficulties they experienced were related to timing, workload, pressure from and expectations of relatives, society’s negative view of dementia in combination with the ‘right to die’ view, the interpretation of the law and AEDs, ethical considerations, and communication with PWD and relatives. To deal with these difficulties, participants need support from colleagues and other professionals. Although elderly care physicians appreciated moral deliberation and support by chaplains, this was hardly mentioned by GPs. Euthanasia requests in dementia seem to place an ethically and emotionally heavy burden on Dutch GPs and elderly care physicians. The awareness of, and access to, existing and new support mechanisms needs further exploration. (shrink)

This commentary discusses several problems with the target article by Ceci et al. First, the results admit of an alternative interpretation that undercuts the conclusion drawn. In addition, at a number of points, the research should be supplemented by examining situations in which there is no tenure-granting policy. Finally, 60% of the questions are concerned with whistle-blowing, but the issues involved in such cases make them much less relevant to the assessment of tenure than the authors suppose. (Published Online February (...) 8 2007). (shrink)

Why should interpretation of conceptual schemes and practices across traditions work at all? In this paper we present the following necessary conditions of possibility for interpretation in comparative and Chinese philosophy: the interpreter must presuppose that there are mutually recognizable human practices; the interpreter must presuppose that “the other” is, on the whole, sincere, consistent, and right; the interpreter must be committed to certain epistemic virtues. Some of these necessary conditions are consistent with the fact that interpretation is not thwarted (...) by the “danger” of relativism or of incommensurability. Some other conditions are suggestive of reorientations of methodologies of comparative and Chinese philosophy. (shrink)