Mit dem Inkrafttreten des Trustgesetzes im Jahr 2001 hat der Trust, eine der ureigensten Institutionen des Law, Eingang in das chinesische Zivilrecht gefunden. Der vorliegende Band stellt die Geschichte und die gesetzlichen Grundlagen des chinesischen Trust vor und untersucht dessen Regelungen unter Berücksichtigung des englischen Trustrechts und des Rechts der deutschen Verwaltungstreuhand. Die Arbeit geht dabei insbesondere der Frage nach, welche rechtsdogmatischen und kulturellen Gesichtspunkte den chinesischen Gesetzgeber bei der Rezeption des Trust geleitet haben.

My target is the epistemological dimension of the realism debate. After establishing a stance voluntarist framework with a Jamesian background, drawing mostly on Wylie, Chakravarty, and van Fraassen, I argue that current voluntarists are too permissive. I show that especially various anti-realist stances but also some realist and selective realist stances block themselves from refutation by the history of science. I argue that such stances should be rejected. Finally, I propose that any disagreement that cannot be resolved by this strategy (...) frequently boils down to an epistemic value disagreement about balancing the truth-goal. (shrink)

In this paper, we draw attention to the epistemological assumptions of market liberalism and standpoint theory and argue that they have more in common than previously thought. We show that both traditions draw on a similar epistemological bedrock, specifically relating to the fragmentation of knowledge in society and the fact that some of this knowledge cannot easily be shared between agents. We go on to investigate how market liberals and standpoint theorists argue with recourse to these similar foundations, and sometimes (...) diverge, primarily because of normative pre-commitments. One conclusion we draw from this is that these similarities suggest that market liberals ought to, by their own epistemological lights, be more attentive towards various problems raised by feminist standpoint theorists, and feminist standpoint theorists ought to be more open to various claims made by market liberals. (shrink)

There is now a significant body of literature on consequentialist ethics that propose satisficing instead of maximizing accounts. Even though epistemology recently witnessed a widespread discussion of teleological and consequentialist theories, a satisficing account is surprisingly not developed yet. The aim of this paper is to do just that. The rough idea is that epistemic rules are justified if and only if they satisfice the epistemic good, i.e., reach some threshold of epistemic value (which varies with practical context), and believing (...) is justified if and only if it follows said rules.I argue that this alternative to the implicitly established way of thinking in maximizing terms has significant advantages. First, maximizing epistemic value can be unreasonably demanding; second, a satisficing theory can make finding reasonable rules for belief formation and sustenance much more accessible; and third, a satisficing approach is a better alternative to both general subjectivist and maximizing objectivist attempts to spell out epistemic blame. (shrink)

In order to reconnect Quine's views to the current debate on scientific realism, I reframe Quine's scientific realism into a semantic, a metaphysical, and an epistemological dimension. With this conceptual background, I review the historical development of Quine's scientific realism from the late 1940s until his death in 2000. I challenge Soames's view that Quine is a phenomenalist at the time of “Two Dogmas of Empiricism” (1951) and show that he remains agnostic between a realist and an anti‐realist conceptual scheme (...) instead. I also argue that Quine's early views on regimentation are incompatible with a strong formulation of semantic realism. I proceed in reconstructing how he becomes a metaphysical and epistemological realist in the mid‐1950s and argue against the view of Keskinen and Fogelin that interprets Quine as being a metaphysical anti‐realist. Contrary to Davidson, I defend the view that he never gave up normative epistemology and really is a proper epistemological realist. Finally, I discuss how he tries to reconcile his realism with his thesis of ontological relativity and how this necessitates the switch to a stronger form of semantic realism. (shrink)

Written in political exile during the Second World War and first published in 1945, Karl Popper's The Open Society and Its Enemiesis one of the most influential books of the twentieth century. Hailed by Bertrand Russell as a 'vigorous and profound defence of democracy', its now legendary attack on the philosophies of Plato, Hegel and Marx exposed the dangers inherent in centrally planned political systems. Popper's highly accessible style, his erudite and lucid explanations of the thought of great philosophers and (...) the recent resurgence of totalitarian regimes around the world are just three of the reasons for the enduring popularity of The Open Society and Its Enemies, and for why it demands to be read both today and in years to come. This is the second of two volumes of The Open Society and Its Enemies. (shrink)

In this paper, we draw attention to the epistemological assumptions of market liberalism and standpoint theory and argue that they have more in common than previously thought. We show that both traditions draw on a similar epistemological bedrock, specifically relating to the fragmentation of knowledge in society and the fact that some of this knowledge cannot easily be shared between agents. We go on to investigate how market liberals and standpoint theorists argue with recourse to these similar foundations, and sometimes (...) diverge, primarily because of normative pre-commitments. One conclusion we draw from this is that these similarities suggest that market liberals ought to, by their own epistemological lights, be more attentive towards various problems raised by feminist standpoint theorists, and feminist standpoint theorists ought to be more open to various claims made by market liberals. (shrink)

This paper connects veritistic teleological epistemology, VTE, with the epistemological dimension of the scientific realism debate. VTE sees our epistemic activities as a tradeoff between believing truths and avoiding error. I argue that van Fraassen’s epistemology is not suited to give a justification for a crucial presupposition of his Bad Lot objection to inference to the best explanation (IBE), the presupposition that believing that p is linked to p being more likely to be true. This makes him vulnerable to a (...) counterargument, tailored after Musgrave’s defense of IBE, which would result in a stalemate between them about presuppositions of rationality. I will, however, show that switching to VTE can justify van Fraassen’s presupposition. This leads to a dismissal of common IBE arguments for realism as presented by Boyd and Musgrave, but I also argue that a more cautious version of realism can be rescued from the Bad Lot objection. Finally, I raise some worries about epistemic risk-attitude consistency for constructive empiricists and develop an alternative anti-realist position.1. (shrink)

Raimund Pousset gives in this essential a concise account of senicide, the modern form of cultural killing of the elderly. He sheds light on both the history and the current situation of an ancient method. Practiced for millennia almost everywhere in the world, this custom of actively disposing of old 'useless' people or passively putting oneself to death is increasingly being revived today. Senicide is a nameless and silent scandal in our modern, enlightened society. The author wishes to bring (...) this silent death into the focus of a mindful professional public, for the segregation of old age and the avalanche of costs in health care suggest that senicide will continue to grow in sad significance. (shrink)

We argue that the societal consequences of the scientific realism debate, in the context of science-to-public communication are often overlooked and careful theorizing about it needs further empirical groundwork. As such, we conducted a survey experiment with 130 academics (from physics, chemistry, and biology) and 137 science communicators. We provided them with an 11-item questionnaire probing their views of scientific realism and related concepts. Contra theoretical expectations, we find that (a) science communicators are generally more inclined towards scientific antirealism when (...) compared to scientists in the same academic fields, though both groups show an inclination towards realism and (b) academics who engage in more theoretical work are not less (or more) realist than experimentalists. Lastly, (c), we fail to find differences with respect to selective realism but find that science communicators are significantly less epistemically voluntarist compared to their academic counterparts. Overall, our results provide first empirical evidence on the views of scientists and science communicators on scientific realism, with some results running contra to the theoretical expectations, opening up new empirical and theoretical research directions. (shrink)

The essays in this volume represent an approach to human knowledge that has had a profound influence on many recent thinkers. Popper breaks with a traditional commonsense theory of knowledge that can be traced back to Aristotle. A realist and fallibilist, he argues closely and in simple language that scientific knowledge, once stated in human language, is no longer part of ourselves but a separate entity that grows through critical selection.

The essays in this volume represent an approach to human knowledge that has had a profound influence on many recent thinkers. Popper breaks with a traditional commonsense theory of knowledge that can be traced back to Aristotle. A realist and fallibilist, he argues closely and in simple language that scientific knowledge, once stated in human language, is no longer part of ourselves but a separate entity that grows through critical selection.

Hailed on publication in 1957 as "probably the only book published this year that will outlive the century," this is a brilliant of the idea that there are ...

This paper examines the intense experience of long-distance seafaring and maritime exploration as a major incentive in the development of Greek ethnography. Already in Homer’s Odyssey we find a particular way of asking questions, of categorization and of sophisticated comparison of foreign ethnic groups. The epic represents the way of thinking of seafaring landowners (basileis) that becomes visible in particular in those scenes that describe the first contacts at foreign shore and island. Moreover, Homer provides geographic-ethnographic macro patterns that turned (...) into a paradigm for centuries to come. (shrink)

Wenn von protestantischer Widerstandstheorie die Rede ist, wird wohl in erster Linie an die französisch-hugenottischen sogenannten 'Monarchomachen' gedacht, die auf die Massaker der 'Bartholomäus-Nacht' reagierten. 1 Diese hugenottische Widerstandstheorie hat aber eine weniger bekannte Vorgeschichte, die in England bzw. in englischen Exilkreisen der Zeit Mary Tudors spielt und sich in der Bewegung zur Absetzung und Verurteilung Mary Stuarts von Schottland fortsetzt. Hier ist beabsichtigt, die wichtigsten Autoren dieser britischen Bewegung zu diskutieren, an denen sich, bei internen Differenzen, der Durchbruch älterer (...) Theorien und Traditionen legitimen Widerstandes zur These der Volkssouveränität aufzeigen läßt. (shrink)

The beginning of the English Reformation in the 1530s was foremost a process of subjecting the ‚Church in England‘ to the crown, which was fuelled by protestant motives, primarily, however, by a critique of the worldly powers of the church and the english canon law and church courts. This is shown in writings by the protestants Simon Fish and William Tyndale, and in texts of the common lawyer Christopher Saint German, who elaborated a theoretical justification for the subjection of the (...) ecclesiastical jurisdiction to the common law. Their counterpart was Thomas More, who had written against Luther and the english protestants since 1523 and who defended the ecclesiastical heresy-jurisdiction against Saint German. The outcome, after Henry VIII was declared to be ‚Head of the Church of England‘ by parliament, was uncertainty as to where the supremacy over the church resided: in the crown alone, or in the sovereignty of the ‚King-in-Parliament‘ as advocated by Saint German. (shrink)