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)

_Erratum zu:_ _Ethik Med 2017_ https://doi.org/10.1007/s00481-017-0464-6 Im Tagungsbericht „Die klinische Translation humaner induzierter pluripotenter Stammzellen. Eine Stakeholder-Konferenz zur Evaluation innovativer Risikoforschung“ wurden einige Aussagen aus Herrn Wolfram-Hubertus Zimmermanns Vortrag.

The authors of this volume discuss the relevance and influence of various Old and New Testament documents, and early Christian and Jewish texts in terms of their impact in shaping the moral character, identity, and behaviour of the specific communities in which they were produced as well as their ethical application throughout the centuries. Against a narrow understanding of ethics, the term "application" is not used to analyse the texts of the Bible as step-by-step manuals for moral conduct. Rather, the (...) contributors engage with biblical texts within the framework of a complex hermeneutical process of application of the relevance of these texts in contemporary ethical discourse. Contributors: Paul N. Anderson, Robert L. Brawley, Cilliers Breytenbach, Ulrich Busse, R. Alan Culpepper, Jan Willem van Henten, Rainer Hirsch-Luipold, Stephan Joubert, Craig R. Koester, Bart J. Koet, Michael Labahn, Tobias Nicklas, Bert Jan Lietaert Peerbolte, Udo Schnelle, Michael Theobald, D. Francois Tolmie, Joseph Verheyden, Ben Witherington, III, Ellen van Wolde, Michael Wolter, Mirjam Zimmermann, Ruben Zimmermann. (shrink)

English summary: This volume contains controversial views and discussions on the purpose, function, analysis and justification of value judgments and norms in the social sciences and humanities.

Dance provides natural conditions for studying relationships between coordination patterns and human experience. von Zimmermann and colleagues investigate whether relatively simple or more complex forms of movement coordination are related to pro‐social experiences during group dance. They find that pro‐social experience depends on the degree to which movement patterns are distributed and diversified, but not the degree to which movement patterns are simply unitary.

The article outlines the Multiple-Field-Approach ("Mehr-Felder-Ansatz") in Gestalt Theoretical Psychotherapy and in psychotherapy in general. This Gestalt theory based approach deals 1) with the conditions under which a secondary phenomenal field (containing a secondary phenomenal ego and a secondary phenomenal environment) segregates within the primary phenomenal field, 2) with the dynamic field interaction between primary and secondary field and their role in psychotherapy, 3) with psychotherapeutic techniques favouring the segregation and favouring the dissolution of a secondary field . Some of (...) these phenomena have been discussed as mind-wandering, daydreaming, or - in a pathological context - as dissociation. But it seems that the Gestalt psychological approach presented in this paper has to offer a more promising framework for these phenomena and their dynamics. (shrink)

Originally presented as the author's thesis (doctoral)--Universitèat Tèubingen, 1993.

The paper presents basic Gestalt psychological concepts of ego and self. They differ from other concepts in the way that they do not comprehend ego and self as fixed entities or as central controlling instances of the psyche, but as one specific organized unit in a psychological field in dynamic interrelation with the other organized units—the environment units—of this field. On this theme, well-known representatives of Gestalt theory have presented some general and special theories since the early days of this (...) approach that could partly be substantiated experimentally. They illuminate the relationship between ego and world in everyday life as well as in the case of mental disorders. Not only the spatial extension of the phenomenal ego is subject to situational changes, but also its place in the world, its functional fitting in this world, its internal differentiation, its permeability to the environment, and much more. The German Gestalt psychologist Wolfgang Metzger emphasizes the significant functional role that this dynamic plasticity of the phenomenal world and its continuously changing segregation of ego and environment have for human life by designating the phenomenal world as a “Central Steering Mechanism.” In this article, ego and self as part of this field in their interrelation with the total psychological field will be illuminated from the perspective of the thinking of the Gestalt psychologists Max Wertheimer, Kurt Koffka, Wolfgang Köhler, Kurt Lewin, Wolfgang Metzger, Mary Henle, Edwin Rausch, and Giuseppe Galli. (shrink)

Die MISCELLANEA MEDIAEVALIA präsentieren seit ihrer Gründung durch Paul Wilpert im Jahre 1962 Arbeiten des Thomas-Instituts der Universität zu Köln. Das Kernstück der Publikationsreihe bilden die Akten der im zweijährigen Rhythmus stattfindenden Kölner Mediaevistentagungen, die vor über 50 Jahren von Josef Koch, dem Gründungsdirektor des Instituts, ins Leben gerufen wurden. Der interdisziplinäre Charakter dieser Kongresse prägt auch die Tagungsakten: Die MISCELLANEA MEDIAEVALIA versammeln Beiträge aus allen mediävistischen Disziplinen - die mittelalterliche Geschichte, die Philosophie, die Theologie sowie die Kunst- und Literaturwissenschaften (...) sind Teile einer Gesamtbetrachtung des Mittelalters. (shrink)

We discuss several ontological properties of explicit mathematics and operational set theory: global choice, decidable classes, totality and extensionality of operations, function spaces, class and set formation via formulas that contain the definedness predicate and applications.

What is the fruit of a searching dialogue between faith and reason? This book collects theological and philosophical perspectives on the richness of the faith-reason dialogue, including examples from literature, continental and analytic philosophy, worship and liturgy, and radical approaches to issues of racism and prejudice. The authors strongly resist the temptations to either disregard the faith-reason dialogue or take it for granted. Through their explorations and reflections they open up new vistas and horizons on a topic more necessary than (...) ever. (shrink)

An important finding of the game theoretic research on signaling games is the insight that under many circumstances, a signal obtains credibility by incurring costs to the sender. Therefore it seems questionable whether or not cheap talk—signals that are not payoff relevant—can serve to transmit information among rational agents. This issue is non-trivial in strategic interactions where the preferences of the players are not aligned. Researchers like Crawford & Sobel, Rabin, and Farrell demonstrated, however, that even in the case of (...) partially divergent interests, cheap talk may be informative. They assume that signals have an exogenously given meaning that is common knowledge between the players, and they explore the conditions under which such a signal is credible. This discussion has obvious relevance to the program of Gricean pragmatics in linguistics. According to Grice’s "Cooperative Principle”, this research tradition only considers scenarios where the interests of the players are aligned. Nevertheless, the assumption of differential signaling costs introduces an element of non-aligned interests. The present paper proposes a framework that combines these two research strands. Using an inference protocol of iterated best response, it gives a recipe for how the interlocutors derive rationalizable strategies from exogeneously given "literal” meanings of signals. No special assumptions about the alignment of interests or signaling costs are made. After introducing the formal model, the paper sketches several applications of this model to problems in linguistic pragmatics, like scalar implicatures, the division of pragmatic labor, and the interpretation of measure terms. (shrink)

Robert Stalnaker has argued that mathematical information is information about the sentences and expressions of mathematics. I argue that this metalinguistic account is open to a variant of Alonzo Church's translation objection and that Stalnaker's attempt to get around this objection is not successful. If correct, this tells not only against Stalnaker's account of mathematical truths, but against any metalinguistic account of truths that are both necessary and informative.

Some of the short pieces attributed in various Arabic manuscripts to Alexander of Aphrodisias in fact derive from Proclus's Elements of Theology. Twenty such pieces were published in 1973 by G. Endress, who traced the unnamed translator to the circle of Kindi. Another such piece is here identified, published, and assigned to the same translator. Its beginning and end seem to have been revised by a later transmitter. Section II of the article adduces a parallel case where the original Arabic (...) version still exists. Section III surveys a number of related pieces that would also appear to have been changed in transmission. Section IV argues that most if not all were once united in a single collection of Proclus and Alexander. Section V argues that since certain changes of detail were evidently made during or soon after translation, the general arrangement of the Kindi-circle Alexander, as of the Kindi-circle Liber de Causis and the Kindi-circle, is also likely to be peculiar to the Arabic tradition. The text from which Proclus Arabus was first translated need not have differed substantially from the transmitted Greek. (shrink)

During a conference entitled “_Un logicien consciencieux. La philosophie de Evert Willem Beth_,” held in Nancy in 1998 and published in this journal, volume 3, cahier 4 [Barth, Heinzmann _et al._ 1998-1999], the participants regretted that a reasoned biography of Beth was not available. In view of the efforts made since then in this direction, in particular by Paul van Ulsen in his PhD thesis in Dutch [2000], this article attempts to provide an overview of Beth’s work for a broader (...) community of philosophers of science. However, my focus is not so much on Beth’s widely discussed and important contributions to mathematical logic, where his most creative merits reside. My aim is to emphasize Beth’s philosophical and cultural background. Both are also discussed in the first two chapters of Ulsen’s thesis, which globally focuses on Beth’s work in logic. Of course, philosophical and scientific aspects cannot be systematically separated, but Beth’s influence on the philosophy of mathematics be... (shrink)

Although Walter Benjamin's writings are considered to be among the most powerful theoretical enterprises of the twentieth century, his ideas are resistant to cooptation by the doctrines of various critical programs. These essays engage this resistance by examining the ghostly in Benjamin's work. The contributors show that the haunting truths Benjamin offers point towards new forms of responsibility. These truths reside in a figurative elsewhere, a ghostly space that his texts delimit but never fully inhabit, and these essays seek to (...) do justice to the ghosts of Benjamin. Issues explored include: the status of the image in Benjamin's literary reflections and in his meditations on cinema and visual culture; abiding Benjaminian notions of messianism, aura, reproducibility, semblance, and melancholy; Benjamin's relation to Freud; his innovative rethinking of history, virtuality, and translation; and his reflections on tragedy and prophecy, the geometrical dimensions of writing, and the relation between eros and language. (shrink)

The project of renewing childhood by transforming one's life -- Critical theory -- Reason's self-criticism -- Defined negation -- The two faces of enlightenment -- Rescuing what is beyond hope -- Philosophy from the perspective of redemption -- Primacy of the object -- The totally socialized society -- The concept of society -- Liquidation of the individual -- Critical theory on morality -- The goal of the emancipated society -- The powerless utopia of beauty -- The destruction and salvation of (...) art -- The silence of music -- The transition from art to knowledge -- Theorizing art and culture in the institute for social research -- Benjamin and kracauer: theorizing mass art -- Anarchistic and bourgeois romanticism: Adorno's critique of Benjamin -- The work of art and the concept of truth -- The failure of culture -- The radically pathetic and guilty culture -- Enlightenment as mass deception. (shrink)

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Proceedings of a symposium held Sept. 24-28, 1996 in Vienna, Austria.

Sebastian Franck commented and translated parts of Agrippa´s De Vanitate Scientiarum, confirming that Franck knew at least some of this philosopher’s work. However, there is no detailed research on the influence Agrippa had on Franck—a gap this paper tries to fill. In a paper of Keefer, the author advocates that Franck was much influenced by Agrippa. The major claim of this paper is that Agrippa’s influence on Franck should not be overestimated, primarily because Franck deliberately did not cite from the (...) Occulta philosophia. Only De Vanitate Scientiarum and one paragraph of Oratio habita papiae are shown to have had a direct influence on Franck. The influence on Franck`s philosophy has to be analyzed very carefully to avoid such fallacies. In a comparison of the metaphysical belief systems of both Franck and Agrippa, important parallels concerning the soul and Christology can be found. Notably, Agrippa and Franck were both believers in the Platonic doctrine of the tripartite soul. However, Franck did not cite this concept from Agrippa. A difference between Agrippa and Franck was that Agrippa had a cosmological perspective that was strongly influenced by Neoplatonism and Hermeticism. In contrast, the Neoplatonic concept of the world soul did not make sense in Franck’s philosophical system of beliefs because Franck denies the idea that the world is conducted by rationality. His pessimistic view of the world and the human being did not blend with this idea of the world soul. These differences demonstrate that Franck did not agree with many concepts found in the Occulta philosophia. The Corpus Hermeticum was also not as important for Franck as it was for Agrippa. Franck focused primarily on the Pimander and to a certain extent on the thirteenth book (rebirth), whereas for Agrippa many parts were relevant. Research on the influence of the Hermetic books on Franck just began in the 21st century and this paper further contributes to a better understanding of how the Hermetic books affected Franck. Franck used Agrippa to convey his understanding of the Corpus Hermeticum to his readers. However, it remains an open question why Franck integrated only a small part of the Corpus Hermeticum and the writings of Agrippa into his philosophy. (shrink)

In the present work, we will analyze the concept of intuition mainly in relation to the epistemological and the metaphysical theses of Schopenhauerian theory. In the first section, we will discuss the central axes of Schopenhauer’s metaphysical system, especially regarding the concept of will (Wille) and the relationship that this entails with his theory of knowledge. Then, we will examine the difference that the German philosopher establishes between representative —or mediated— rational knowledge and direct —or immediate— intuitive knowledge. Likewise, we (...) will trace at first the theses and the fundamental problems of the dualism of representation and we will furtherly establish the problem of the intuition of one’s own body. Finally, we will consider the scope and the limits of intuition, as well as its different variants: mainly aesthetic intuition and its culmination in mystical intuition. (shrink)

The volume contains the written versions of all papers given at the workshop, divided into five chapters and followed by Alvin Goldman's replies in the sixth.

Enthält: Gesichtspunkte zur Beurteilung von Wissenschaftsbegriffen / von Gerhard Funke. Kriterien zur Beurteilung der Naturwissenschaften / von Erhard Scheibe.

In this book the author gives a broad overview of different areas of research in nonmonotonic reasoning, and presents some new results and ideas based on his research. The guiding principles are: clarification of the different research activities in the area, which have sometimes been undertaken independently of each other; and appreciation of the fact that these research activities often represent different means to the same ends, namely sound theoretical foundations and efficient computation. The book begins with a discussion of (...) the various types of nonmonotonic reasoning, their applications and their logics. Theorem proving techniques for these logics are also described. The following chapters deal with formulations of nonmonotonic inheritance, and nonmonotonic reasoning based on nonmonotonic rules. The final chapter discusses the achievements in the field in the light of the Yale shooting example. The book will be welcomed by researchers in theoretical computer science and artificial intelligence. (shrink)

__In this paper I investigate unification as a virtue of explanation. I the first part of the paper I give a brief exposition of the unification account of Schurz and Lambert and Schurz. I illustrate the advantages of this account in comparison to the older unification accounts of Friedman and Kitcher. In the second part I discuss several comments and objections to the Schurz-Lambert account that were raised by Weber and van Dyck, Gijsberg and de Regt. In the third and (...) final part, I argue that explanation should be understood as a prototype concept which contains nomic expectability, causality and unification as prototypical virtues of explanations, although none of these virtues provides a sufficient and necessary "defining condition" of explanation. (shrink)

As first pointed out by Saul, the co-referential names in sentences like and defy substitution _salva veritate_: Clark Kent went into the phone booth, and Superman came out. I never made it to Karl-Marx-Stadt, but I visited Chemnitz last year. This paper elaborates and compares two solutions to Saul's substitution problem, both of which turn on an asymmetry between names that share their bearers. According to the first solution there is a semantic distinction between neutral names and restricted names. According (...) to the second solution, only neutral names are properly used, whereas the use of restricted names involves code-switching and pragmatic re-interpretation. As it turns out, the semantic approach deals more easily with changing names as in, whereas the pragmatic account is more adequate in explaining hidden identity cases like. (shrink)