The article aims to illuminate the recent debate in Germany about the legitimacy of circumcision for religious reasons. The aim is both to evaluate the new German law allowing religious circumcision, and to outline the resulting conflict between the surrounding ethical and legal issues. We first elucidate the diversity of legal and medical views on religious circumcision in Germany. Next we examine to what extent invasive and irreversible physical interventions on infant boys unable to given their (...) consent should be carried out for non-medical reasons. To this end, the potential benefits and harms of circumcision for non-medical reasons are compared. We argue that circumcision does not provide any benefits for the ‘child as a child’ and poses only risks to boys. We then set out to clarify and analyse political justifications of the new circumcision law. We demonstrate through this analysis how the circumcision debate in Germany has been transformed from a legal and ethical problem into a political issue, due at least in part to Germany's unique historical context. Although such a particular political sensibility is entirely comprehensible, it raises particular problems when it comes to framing and responding to medical ethical issues – as in the case of religious circumcision. (shrink)

The purpose of this paper is to center our thoughts in the metaphysics and ethics of Hegel´s works, pointing out the relationship between the subject, the law and history. This theme arises from an interest in the text on Phenomenology found in the Prologue, number 11.1, entitled “The concept ..

Cuidados paliativos: solución ética acorde con la dignidad humana al final de la vida Cuidados paliativos: solução ética de acordo com a dignidade humana no final da vida It is said that passing laws to legalize euthanasia is absolutely necessary but, in my opinion, it is more pressing to enact a law for the patient to access a universal palliative care service at the end of their life than a law on euthanasia. This article discusses the difference between euthanasia and (...) palliative care. It is affirmed that being in favor of the latter does not mean wanting the patient to be in pain and to suffer, nor extending their life unreasonably. However, opting for palliative care is, on the one hand, what the physician can ethically do as a health worker and, on the other, the only morally acceptable alternative to the natural end of human beings that is appropriate to their dignity. Therefore, palliative care immerses us in an anthropological reflection about our own limitation and fragility, since respect for human life and palliative care dignify the process of dying. Para citar este artículo / To reference this article / Para citar este artigo Zurriaráin RG. Cuidados paliativos: solución ética acorde con la dignidad humana al final de la vida. Pers Bioet. 2019; 23: 180-193. DOI: https://doi.org/10.5294/pebi.2019.23.2.2 Recibido: 08/04/2019 Aceptado: 24/07/2019. (shrink)

Non-therapeutic circumcision violates boys’ right to bodily integrity as well as to self-determination. There is neither any verifiable medical advantage connected with the intervention nor is it painless nor without significant risks. Possible negative consequences for the psychosexual development of circumcised boys (due to substantial loss of highly erogenous tissue) have not yet been sufficiently explored, but appear to ensue in a significant number of cases. According to standard legal criteria, these considerations would normally entail that the operation be (...) deemed an ‘impermissible risk’—neither justifiable on grounds of parental rights nor of religious liberty: as with any other freedom right, these end where another person's body begins. Nevertheless, after a resounding decision by a Cologne district court that non-therapeutic circumcision constitutes bodily assault, the German legislature responded by enacting a new statute expressly designed to permit male circumcision even outside of medical settings. We first criticise the normative foundations upon which such a legal concession seems to rest, and then analyse two major flaws in the new German law which we consider emblematic of the difficulty that any legal attempt to protect medically irrelevant genital cutting is bound to face. (shrink)

The foreskin is a complex structure that protects and moisturizes the head of the penis, and, being the most densely innervated and sensitive portion of the penis, is essential to providing the complete sexual response. Circumcision—the removal of this structure—is non-therapeutic, painful, irreversible surgery that also risks serious physical injury, psychological sequelae, and death. Men rarely volunteer for it, and increasingly circumcised men are expressing their resentment about it.Circumcision is usually performed for religious, cultural and personal reasons. Early (...) claims about its medical benefits have been proven false. The American Academy of Pediatrics and the Centers for Disease Prevention and Control have made many scientifically untenable claims promoting circumcision that run counter to the consensus of Western medical organizations.Circumcision violates the cardinal principles of medical ethics, to respect autonomy, to do good, to do no harm, and to be just. Without a clear medical indication, circumcision must be deferred until the child can provide his own fully informed consent.In 2012, a German court held that circumcision constitutes criminal assault. Under existing United States law and international human rights declarations as well, circumcision already violates boys› absolute rights to equal protection, bodily integrity, autonomy, and freedom to choose their own religion. A physician has a legal duty to protect children from unnecessary interventions. Physicians who obtain parental permission through spurious claims or omissions, or rely on the American Academy of Pediatrics' position, also risk liability for misleading parents about circumcision. (shrink)

This paper considers Habermas’ model of a post‐secular political order in the light of the debate on male circumcision that arose in Germany after a court ruled that male circumcision was an unjustifiable act of bodily harm. Central to this model is the idea that religious reasons can only become effective in central legal institutions when they are translated into secular reasons. My paper demonstrates that there are two distinguishable readings of this proviso. On the one hand, there (...) is a broad reading according to which it is only necessary to reach a conclusion that is in line with the democratic principle stating that all citizens can be regarded as co‐legislators even if non‐generalizable value orientations might then shape the interpretation of fundamental rights (in the case of circumcision, the right to bodily integrity). On the other hand, a truly secular (narrow) reading would avoid the inclusion of non‐generalizable value orientations. The debate on circumcision demonstrates that these two interpretations lead to different and conflicting modes of justification. The broad reading allows for a justification of male circumcision, whereas the narrow reading makes such a justification unlikely. In addition, the filtering function of the proviso is weakened in a broad reading. (shrink)

Scenes of violence and incisions into the flesh informeethe demand for law. The scene of little girls being held down in practices of female circumcision has been a defining and definitive image that demands the attention of human rights, and the intervention of law. But the investment in protecting women and little girls from such a cut is not all that it seems.eeLaw's Cuteeon theeeBody of Human Rights: Female Circumcision, TortureeeandeeSacred Flesheeconsiders how such imageseecome to inform laweeand the (...) investment of advocates of law in an imagination of this scene. Drawing on psychoanalytic andeepostcolonialeetheory, and accompanying ideas in political theology, Juliet Rogers examines the language, imagery and excitement that accompanies recenteeinitiatives to legislate against what is called 'female genital mutilation'. The author compliments this examination witheea consideration of the scene of torture exposed in images from Abu Ghraib and Guantanamo Bay.eeRogers argues that the modes ofeefascination and excitement that accompanyeesceneseeof torture and female circumcisioneebetray the fantasy of aeepolitical conditioneeagainst which the subject of liberal law is imagined; this is subjectivityeein aeestate of non-mutilation, non-prohibition or, in a psychoanalytic idiom, non-castration.eeTo support the fantasy of this subject,eethe mutilated subject, the authors suggests, is rendered as flesh cut from the democratic nation state, deserving of only selective human rights, or none at all. (shrink)

Germany since 1990 has one of the strictest human embryo protection laws, yet according to the Stem Cell Act of 2002 allows, under strict conditions, the import and use of human embryonic stem cells (hESC) for high priority research goals. The author tries to show how this is taken to be coherent by the parliamentary majority (though not necessarily by the general public) in Germany. In doing so, he firstly looks into the chronicle of the debate in Germany showing its (...) different stages since 1999, then dwells upon the relation between the law and the role of ethics in this issue, and thirdly presents the two fundamentally different positions of the German debate, that is, that the human embryo created for IVF purposes is a human being and stands from its very beginnings under the constitutional principles of respect for, and protection of, human life versus the position that before being implanted the human embryo may become a human being and therefore belongs to the human species only potentially, so that its right to life protection may be assessable over against other high priority goals, such as research aiming at possible help for patients with life-endangering diseases. In spite of the Stem Cell Act of 2002, the debate of the German general public goes on, especially due to the recent EU 6th Research Framework Program which plans to also fund hESC research. (shrink)

This article presents the new German law on advance directives from 1 September 2009. The history of the parliamentary process of this law is described, the present regulations are explained, their relevance for medical practice discussed and shortcomings are identified. Finally, the new law is compared with other regulations in the international context. Previously established legal practice in Germany has now become largely confirmed by the new law: An advanced directive must be respected in any decision concerning medical treatment, (...) regardless of the stage of the illness. It can be informally revoked at any time, even with limited decision-making capacity. Nobody may be obliged to issue a directive in any way. Advance directives do not need notarisation or routine updating after certain time intervals. Provided that the patient, who is no longer mentally competent, has issued a lasting power of attorney, or provided that the patient has been appointed a healthcare proxy by the courts, this authorised surrogate must assert the patient's will. The role of the guardianship court is clarified: it only needs to be involved in cases of disagreement as to the patient's will. The new German law thus combines more legal certainty with a liberal emphasis on patient autonomy and flexible, adaptable regulations. (shrink)

The German Act on Autonomous Driving constitutes the first national framework on level four autonomous vehicles and has received attention from policy makers, AI ethics scholars and legal experts in autonomous driving. Owing to Germany’s role as a global hub for car manufacturing, the following paper sheds light on the act’s position within the ethical discourse and how it reconfigures the balance between legislation and ethical frameworks. Specifically, in this paper, we highlight areas that need to be more worked (...) out in the future either through ethical conventions, corporate measures or legal measures and examine how the law can be incorporated into the existing discourse on the regulation of technologies. Based on this examination, we derive implications for future discourse and elaborate on companies’ responsibilities in developing autonomous driving technologies in an ethical sense. (shrink)

This paper describes the automated classification of legal norms in German statutes with regard to their semantic type. We propose a semantic type taxonomy for norms in the German civil law domain consisting of nine different types focusing on functional aspects, such as Duties, Prohibitions, Permissions, etc. We performed four iterations in classifying legal norms with a rule-based approach using a manually labeled dataset, i.e., tenancy law, of the German Civil Code ). During this experiment the \ (...) score continuously improved from 0.52 to 0.78. In contrast, a machine learning based approach for the classification was implemented. A performance of \ was reached. Traditionally, machine learning classifiers lack of transparency with regard to their decisions. We extended our approach using so-called local linear approximations, which is a novel technique to analyze and inspect a trained classifier’s behavior. We can show that there are significant similarities of manually crafted knowledge, i.e., rules and pattern definitions, and the trained decision structures of machine learning approaches. (shrink)

This paper discusses a dialectic whereby the law not only influenced medical thinking in late nineteenth-century Germany, but also underwent medicalization of its own initiative. At the end of the 1880s, social legislation was crucial in initiating the German discourse on traumatic nervous disorders. By employing doctors as medical experts in court, the law also created a new experiential realm for doctors, altering their behavior toward patients and shifting their focus from therapy to investigation. However, in the wake of (...) their experiences in court, doctors developed a dual etiology of traumatic symptoms, which included the law itself as a pathogenic element with the power to aggravate symptoms. Two medical views of law can be distinguished: some doctors claimed that it was the desire to receive the pensions offered under social legislation that induced workers to perpetuate and exaggerate their symptoms; others argued that since pension claims embroiled claimants in intimidating legal proceedings, the pathogenic effect of social legislation stemmed from fear rather than greed. (shrink)

Governments are increasingly inviting patient organizations to participate in healthcare policymaking. By inviting POs that claim to represent patients, representation comes into being. However, little is known about the circumstances under which governments accept POs as patient representatives. Based on the analysis of relevant legislation, this article investigates the criteria that self-help organizations, a special type of PO, must fulfil in order to be accepted as patient representatives by governments in Austria and Germany. Thereby, it aims to contribute to the (...) discussion on the role of governments in steering SHOs. There are different degrees of regulation. Governments in both countries not only formulate explicit criteria for SHOs with respect to patient representation but also guide SHOs representing patients through implicit criteria for associations. We discuss the findings against concepts of responsiveness, authorization, and accountability. Our findings indicate that governmental steering is not negative per se as indicated by previous research but—depending on legislative criteria—can promote transparency and democratic quality in patient representation. (shrink)

The aim of this article is to follow Honig's intention of thinking inoperativity as a form of refusal. It demonstrates that Agamben's inoperativity entails an intensification of use that can circumvent the pitfalls associated with the language of 'demands,' or the need to rescue the city as the space of the political par excellence, all while preserving its potential for instituting change. I claim that all destitution entails instituting practices and forms of experimentation that modify the subject, and that, with (...) the help of Agamben, subjects are nothing other than these modifications. The wager of this short intervention, therefore, is that a form of refusal that pays critical attention not only to the suspension but also to the intensification of use that this suspension inherently entails is attainable, all while acknowledging that the city is shaped by anti-blackness. (shrink)

Governments are increasingly inviting patient organizations to participate in healthcare policymaking. By inviting POs that claim to represent patients, representation comes into being. However, little is known about the circumstances under which governments accept POs as patient representatives. Based on the analysis of relevant legislation, this article investigates the criteria that self-help organizations, a special type of PO, must fulfil in order to be accepted as patient representatives by governments in Austria and Germany. Thereby, it aims to contribute to the (...) discussion on the role of governments in steering SHOs. There are different degrees of regulation. Governments in both countries not only formulate explicit criteria for SHOs with respect to patient representation but also guide SHOs representing patients through implicit criteria for associations. We discuss the findings against concepts of responsiveness, authorization, and accountability. Our findings indicate that governmental steering is not negative per se as indicated by previous research but—depending on legislative criteria—can promote transparency and democratic quality in patient representation. (shrink)

With the publication of The Use of Bodies (2016) Agamben's multi-volume Homo Sacer project has come to an end, or to paraphrase Agamben, has been abandoned. We now have a new vantage point from which to reread Agamben's corpus; not only his method but his political and philosophical thought can been seen in a clearer light. This timely book both assesses and contributes to the debates on the Homo Sacer project in its entirety. Rethinking the notions of life and power (...) - two of the central themes in Agamben's work - through a reconstruction of his philosophical method and the examination of his critique of Western metaphysics, this book argues that Agamben's thought cannot be fully grasped if we do not account for the intertwining of politics and ontology. This book argues that it is only by revisiting Agamben's critique of signification and metaphysics and examining his reconstruction of the archaeological method that we can understand his notions of life and power. By bringing together the two parts of the Homo Sacer project, the archaeology of the signature of Sovereignty and the archaeology of governmentality, this book provides an analysis of the production of Agambenian 'bare life'. In this sense this project re-articulates Agamben's works on signification, language and ontology with his archaeology of power. Offering an original examination of Agamben's notion of resistance, this is essential reading for any thoughtful consideration of his philosophical legacy. (shrink)

The current legal status and medical ethics of routine or religious penile circumcision of minors is a matter of ongoing controversy in many countries. We focus on the United Kingdom as an illustrative example, giving a detailed analysis of the most recent British Medical Association guidance from 2019. We argue that the guidance paints a confused and conflicting portrait of the law and ethics of the procedure in the UK context, reflecting deeper, unresolved moral and legal tensions surrounding child (...) genital cutting practices more generally. Of particular note is a lack of clarity around how to apply the “best interests” standard—ordinarily associated with time-sensitive proxy decision making regarding therapeutic options for a medically unwell patient—to a parental request for a medically unnecessary surgery to be carried out on the genitalia of a healthy child. Challenges arise in measuring and assigning weights to intended sociocultural or religious/spiritual benefits, and even to health-related prophylactic benefits, and in balancing these against potential physical, functional, and psychosexual risks or harms. Also of concern are apparently inconsistent safeguarding standards being applied to children based on their birth sex categorization or gender of rearing. We identify and discuss recent trends in British and international medical ethics and law, finding gradual movement toward a more unified standard for evaluating the permissibility of surgically modifying healthy children's genitals before they can meaningfully participate in the decision. (shrink)

This paper does not attempt to lay out the arguments relating to male circumcision for non-medical reasons. Rather, the aim is to focus more on the process and the problems of a professional body ) attempting to produce any consensus guidelines for its members on an issue which clearly polarises doctors as much as it divides society as a whole. The legal and ethical considerations of male circumcision are inevitably touched upon here but are not the central issue. (...) In 2003, the BMA published professional guidance on this subject. Some thought this a pointless exercise; others saw it as an initiative which simply failed to go far enough. Reservations centred on the fact that the BMA’s guidance—like that of the statutory body, the General Medical Council—explored the issues without either firmly rejecting or accepting non-therapeutic male circumcision. Was it then a fruitless project or a brave start to grasping the nettle? (shrink)

Why is man religious? To this fundamental question Paul Tillich and Xavier Zubiri respond similarly. However, they did not know each other personally and apparently neitherread the works of the other. The coincidence in their positions is without a doubt owing tothe influence that Martin Heidegger exercised on their thought. First, both defend themethod of correlation, according to which it is not possible to give answers to questionsthat nobody asks. Second, every question is born of a previous human experience thatmakes (...) it possible and that gives it meaning. Granting this, in the case of the questionabout God, what is that previous experience? For Tillich it is nothing other than that “thedimension of depth” in which we are confronted with “that which concerns us unconditionally,” whether we call it “God” or not. For Zubiri, this fundamental experience stems fromthe fact of “religation to a power of the real which is ultimate, possibilitating, and impelling.” From this fundamental experience is born the concern for the ultimate ground of ourexistence and the possible answers, which are none other that the diverse religions thatthere have been throughout history, including other apparently irreligious forms of life suchas atheism, agnosticism and the present-day indifference to religion.¿Por qué es religioso el hombre? A esta pregunta fundamental responden de maneraparecida Paul Tillich y Xavier Zubiri. Sin embargo, no se conocieron personalmente y alparecer ninguno leyó las obras del otro. La coincidencia en sus planteamientos se debensin duda a la influencia que M. Heidegger ejerció sobre el pensamiento de ambos. En primer lugar, los dos defienden el método de la correlación, según el cual no se pueden ofrecerrespuestas a preguntas que nadie se hace. Y, en segundo lugar, toda pregunta nace deuna previa experiencia humana que la hace posible y le da sentido. Esto supuesto, en elcaso de la pregunta por Dios, ¿cuál es esa previa experiencia? Para Paul Tillich no es otraque “la dimensión profunda” en la que nos encontramos enfrentados a “aquello que nosconcierne incondicionalmente,” lo llamémoslo o no Dios. Para Zubiri dicha experiencia fundamental tiene lugar en el hecho de la “religación al poder último, posibilitante e impelentede lo real”. De esta experiencia fundamental nace la preocupación por el fundamento último de nuestra existencia y las posibles respuestas, que no son otras que la diversas religiones que en la historia han sido e incuso otras formas de vida al parecer irreligiosas comoel ateísmo, el agnosticismo y la indiferencia actual. (shrink)

Knowledge and Ignorance of Self in Platonic Philosophy is the first volume of essays dedicated to the whole question of self-knowledge and its role in Platonic philosophy. It brings together established and rising scholars from every interpretative school of Plato studies, and a variety of texts from across Plato's corpus - including the classic discussions of self-knowledge in the Charmides and Alcibiades I, and dialogues such as the Republic, Theaetetus, and Theages, which are not often enough mined for insights about (...) this crucial philosophical topic. The rich variety of readings and hermeneutical methods allows for an encompassing view of the relevant scholarly debates. The volume is intended to serve as a standard resource for further research on Plato's treatment of self-knowledge, and will highlight the relevance of Plato's thought to contemporary debates on selfhood, self-reflection and subjectivity. (shrink)

La educación consiste en hacer ver al educando que está constituido por, y es parte de, múltiples sistemas y subsistemas de índole social, ambiental y cósmico. Esta educación representa un desarrollo al mismo tiempo cognitivo, ético, emotivo y espiritual. Esta visión de la educación se opone a diversas formas de reduccionismo que no dejan ver las conexiones importantes entre los fenómenos y entre éstos y el observador. En términos éticos, este aprendizaje consiste en el reconocimiento y la producción de juegos (...) de suma positiva. Espiritualmente, consiste en un sentimiento de vínculo con la totalidad, que produce asombro, gratitud y respeto ante el milagro de la existencia. (shrink)

This book combines philosophical, intellectual-historical and political-theoretical methodologies to provide a new synoptic reading of the history of German political philosophy. Incorporating chapters on the political ideas of Luther and Zwingli, on the politics of the early Enlightenment, on Idealism, on Historicism and Lukács, on early Twentieth-Century political theology, on the Frankfurt School, and on Habermas and Luhmann, the book sets out both a broad and a detailed discussion of German political reflection from the Reformation to the present. (...) In doing so, it explains how the development of German political philosophy is marked by a continual concern with certain unresolved and recurrent problems. It claims that all the major positions address questions relating to the origin of law, that all seek to account for the relation between legal validity and metaphysical and theological superstructures, and that all are centred on the attempt to conceptualise and reconstruct the character of the legal subject. (shrink)

RESUMEN Según Furio Jesi y Giorgio Agamben, la máquina antropológica es un dispositivo histórico que produce imágenes del hombre. En este artículo nos proponemos retomar esta categoría y mostrar que existen dos grandes modelos de máquina según la naturaleza de la imagen generada: la máquina teológica-bíblica, que funciona hasta el siglo XIX y que produce al hombre como ícono; la máquina ateológica, posterior a la muerte de Dios, que produce al hombre como fantasma. ABSTRACT According to Furio Jesi and Giorgio (...) Agamben, the anthropological machine is a historical dispositive that produces images of man. This paper aims at returning to this category and demonstrating that two models of the machine can be found depending on the nature of the image produced: the theological-biblical machine that operates until 19th century and that produces man as icon, and the a-theological machine, after disappearance of God, that produces man as phantasm. (shrink)

Resumen En este artículo nos proponemos mostrar que el nacimiento virginal de Jesús se ha constituido, en su sentido dogmático, a partir de una obliteración de la placenta. Para las culturas primitivas, la placenta era considerada un doble o un gemelo del feto. Mostraremos que el peligro de introducir la figura de la placenta en los relatos del nacimiento virginal implicaba la posibilidad de que existiese un doble o un a/ter ego del Salvador. Para nosotros, este doble o gemelo coincide (...) con la figura del Anticristo.This article aims at demonstrating that the virgin birth of Christ has been construed, in its dogmatic sense, based on the obliteration of the placenta. Primitive cultures regarded the placenta as a double or twin of the fetus. We will demonstrate that introducing the placenta into virgin birth narratives dangerously implied the potential of a double or alter ego of the Saviour. In our view, this double or twin brother refers to the Antichrist. (shrink)

Resumen El concepto de “quiasmo” es fundamental en la filosofía del “último” Merleau-Ponty. Me interesa retomar este concepto para mostrar que, en la nueva ontología esbozada en Le visible et l’invisible y en las notas de la misma época, su función guarda correspondencia con la tarea que, a lo largo de la historia de la filosofía, ha desempeñado la imaginación. En este sentido, una ontología del quiasmo supone por necesidad pensar una ontología de la imaginación. Además, este concepto permite arrojar (...) una luz nueva sobre el problema de la subjetividad.The concept of “chiasm” is central to the philosophy of the “late” Merleau-Ponty. My aim is to retrieve this concept in order to show that, within the framework of the new ontology outlined in Le visible et l’invisible and the notes written during the same period, its function corresponds to the function that imagination has performed throughout the history of philosophy. Thus, an ontology of chiasm necessarily involves reflecting upon an ontology of imagination. Furthermore, the concept of chiasm enables us to shed new light on the problem of subjectivity. (shrink)

The article introduces an idea of practical philosophy, a philosophy which is aimed at changing a philosopher, not at developing philosophical knowledge. Philosophy is not another theory of being or knowledge, but a way of holding oneself in the state of being open. It is stated that this philosophy is based on differentiating the experience of the encounter and its conceptualization, that they are not equal. A philosophical concept not only points at the source of the philosophical thinking, but also (...) eclipses it. The main obstacle for a philosopher is his/her own self, tempted by his/her own philosophy. (shrink)

This article studies the unrestraint in beliefs associated with the overemphasizing of our beliefs. The author argues that the intolerance for other points of view appears (among other factors) because of a naively-objectivist understanding of philosophy, one which is based on two assumptions: first, philosophy is considered only as a theory and not an individual practice, not an experience, and second, the truth is considered as identical to a certain ideal-objective content that can be in one’s possession.There are true ideas (...) and proper words. If we learn these ideas, we will definitely seize the truth. The author opposes this understanding the notion of philosophy which is based on the experience of the encounter and upon reflexive comprehension of this experience. It is possible to minimize unrestraint in beliefs if we assume that all the points of view including our own are considered as belonging to the incomprehensible Absolute. (shrink)

From the Reformation to the present, German political philosophy has done much to shape the contours of theoretical debate on politics, law, and the conditions of political legitimacy; many of the most decisive and influential theoretical impulses in European political history have originated in Germany. Until now, there has been no thorough history of German political philosophy available in English. This book offers a synoptic account of the main debates in its evolution. Commencing with the formal reception of (...) Roman law and the constitutional reforms in the Holy Roman Empire in the late fifteenth century, German Political Philosophy includes chapters on: · the political ideas of Luther, Zwingli and Melanchthon in the Reformation; · the natural-law theories of the early German Enlightenment; · Kant, Hegel and the age of German idealism; · romanticism and historicism; the Young Hegelians and Karl Marx; · legal positivism and organic theory; · Nietzsche, Weber and early sociology; · neo-Kantianism in the late nineteenth century; · constitutional theory in the Weimar Republic; · the critical theories of the Frankfurt School; · post-1945 sociological functionalism; · Niklas Luhmann's systems theory. At the heart of this book is the claim that, despite - or perhaps because of - the great upheavals and ruptures in the history of state-formation in Germany, there are certain recurrent themes and concerns which persist through these discontinuities to give a distinctive character to German political reflection. This valuable book will be of great interest to political philosophers, intellectual historians, lawyers, and historical sociologists.'. (shrink)

This paper investigates the phenomenon of judicial law-making in the practice of the highest courts dealing with criminal matters in Germany and Poland on the basis of 200 of their decisions. While German jurisprudence principally acknowledges the right of the judiciary to create new law, the Polish legal theory generally rejects this notion. Still, research indicates that, in practice, the differences in the frequency and intensity with which these courts pass creative rulings are not as substantial as the discrepancy (...) in the theoretical stance would suggest. Owing to circumstances, both the German Federal Court of Justice and the Polish Supreme Court are willing to create new legal norms, but the dimensions of judicial law-making presented by these bodies deviate from each other. In the research sample, the German Federal Court of Justice was more inclined to introduce legal institutions that were foreign to the statutes and rule against the will of the lawmaker explicitly stated in the preparatory works. On the other hand, the Polish Supreme Court used logical conclusions more often, but did not also refrain from passing rulings against the clear wording of the statutory law, and was just as willing to go beyond the wording of the law as was the German Federal Court of Justice. Notably, only the German apex court is willing to openly admit that it creates new legal norms, whereas the Polish Supreme Court does not concede in the reasons that its decisions are of a law-making nature, especially when it applies so-called “interpretation in the wider sense”—which is, in essence, a “concealed” way of creating new legal norms. (shrink)

Purpose of the study is to determine factors influencing transaction costs on the sharing economy. The article examines the evolution of the fundamental concept of economic theory – transaction costs, under the influence of the expansion of sharing economy. The sharing economy appears to be the result of the further development of the consumption economy, since within the framework of this economic system, the quality of the services provided is improving. The scientific novelty lies in the clarification of the mechanism (...) of mutual development of both the sharing economy and transaction costs. As a result, the importance of the factor of massive use of the Internet and mobile devices by a huge number of people, as influencing the service provision market, was revealed. At the same time, there is no need to overcome various barriers, and entrepreneurs have the opportunity to sell not so much reductions in production costs, but rather a reduction in transaction costs. (shrink)

Cognitive scientists have been debating how the folk concept of intentional action works. We suggest a simple account: people consider that an agent did X intentionally to the extent that X was causally dependent on how much the agent wanted X to happen (or not to happen). Combined with recent models of human causal cognition, this definition provides a good account of the way people use the concept of intentional action, and offers natural explanations for puzzling phenomena such as the (...) side-effect effect. We provide empirical support for our theory, in studies where we show that people’s causation and intentionality judgments track each other closely, in everyday situations as well as in scenarios with unusual causal structures. Study 5 additionally shows that the effect of norm violations on intentionality judgments depends on the causal structure of the situation, in a way uniquely predicted by our theory. Taken together, these results suggest that the folk concept of intentional action has been difficult to define because it is made of cognitive building blocks, such as our intuitive concept of causation, whose logic cognitive scientists are just starting to understand. (shrink)

Background: Due to recent legislations on euthanasia and its current practice in the Netherlands and Belgium, issues of end-of-life medicine have become very vital in many European countries. In 2002, the Ethics Working Group of the German Association for Palliative Medicine (DGP) has conducted a survey among its physician members in order to evaluate their attitudes towards different end-of-life medical practices, such as euthanasia (EUT), physician-assisted suicide (PAS), and terminal sedation (TS). Methods: An anonymous questionnaire was sent to the (...) 411 DGP physicians, consisting of 14 multiple choice questions on positions that might be adopted in different hypothetical scenarios on situations of “intolerable suffering” in end-of-life care. For the sake of clarification, several definitions and legal judgements of different terms used in the German debate on premature termination of life were included. For statistical analysis t-tests and Pearson-correlations were used. Results: The response rate was 61% (n=251). The proportions of the respondents who were opposed to legalizing different forms of premature termination of life were: 90% opposed to EUT, 75% to PAS, 94% to PAS for psychiatric patients. Terminal sedation was accepted by 94% of the members. The main decisional bases drawn on for the answers were personal ethical values, professional experience with palliative care, knowledge of alternative approaches, knowledge of ethical guidelines and of the national legal frame. Conclusions: In sharp contrast to similar surveys conducted in other countries, only a minority of 9.6% of the DGP physicians supported the legalization of EUT. The misuse of medical knowledge for inhumane killing in the Nazi period did not play a relevant role for the respondents’ negative attitude towards EUT. Palliative care needs to be stronger established and promoted within the German health care system in order to improve the quality of end-of-life situations which subsequently is expected to lead to decreasing requests for EUT by terminally ill patients. (shrink)

This study tested the hypothesis that in the minds of adult religious adherents, acquired beliefs about the extraordinary characteristics of God coexist with, rather than replace, an initial representation of God formed by co-option of the evolved person concept. In three experiments, Christian religious adherents were asked to evaluate a series of statements for which core intuitions about persons and acquired Christian beliefs about God were consistent or inconsistent. Participants were less accurate and slower to respond to inconsistent versus consistent (...) statements, suggesting that the core intuitions both coexisted alongside and interfered with the acquired beliefs. In Experiment 2 when responding under time pressure participants were disproportionately more likely to make errors on inconsistent versus consistent statements than when responding with no time pressure, suggesting that the resolution of interference requires cognitive resources the functioning of which decreases under cognitive load. In Experiment 3 a plausible alternative interpretation of these findings was ruled out by demonstrating that the response accuracy and time differences on consistent versus inconsistent statements occur for God—a supernatural religious entity—but not for a natural religious entity. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Hegel on Self-Consciousness: Desire and Death in the Phenomenology of SpiritAndy R. GermanRobert B. Pippin. Hegel on Self-Consciousness: Desire and Death in the Phenomenology of Spirit. Princeton-Oxford: Princeton University Press, 2011. Pp. viii + 103. Cloth, $29.95.If Hegel's system cannot be understood without the Phenomenology of Spirit, it is certainly impossible to understand the Phenomenology without understanding its famous transition, in chapter 4, to self-consciousness and the (perhaps (...) all-too-famous) master-slave dialectic. In these published lectures, then, Robert Pippin has compelling reasons for seeking the heart of the Phenomenology in two of its crucial assertions: that "Self-Consciousness is desire itself" and that "Self-Consciousness attains its satisfaction only in another self-consciousness" (¶¶167 and 175 in Miller's translation).Pippin's Hegel is essentially Kantian, concerned with the apperceptive nature of self-consciousness, i.e. not as mere receptivity to sensory or intellectual form, but as an activity, a judging or "taking" the world to be such and so. For Kant, this activity is transcendental or purely formal, the unification of the spatio-temporal manifold by a continuous, apperceptive "I" (31). Pippin argues that Hegel jettisons Kantian formality in favor of a broader question: how, rather than being subject to my desires, am I the subject of my desires? (32). An answer is possible only if self-consciousness is neither observational nor an immediate self-presence but instead (i) a practical achievement (15) that (ii) requires other self-conscious subjects (19). Unlike Platonic erōs, then, which points away from human life, self-conscious desire is constant self-examination of the reasons for our actions or beliefs. This is Hegel's version of Kant's insight that reason is the desire for justification, ultimately before "all others" (56–57).Thus we pivot to the claim that the successful or "satisfying" achievement of self-consciousness involves recognition by others. "Our answerability to the world," as Pippin writes, "is inextricably bound up with... our answerability to each other" (61). Unlike John McDowell's interpretation of the master-slave dialectic as an analogy for the struggle between the passive and active elements within one mind (42), Pippin argues that self-consciousness is social all the way down. It is "something like having a position," i.e. avowing a practical commitment or making a normative claim (65), which implies the presence of another self-conscious subject who recognizes my right to such claims, or challenges that right, even to the outermost—a struggle to the death over recognition and authority. Self-consciousness, then, is "not... a reflection of some substantive or metaphysical nature but... a social achievement... bound up with... social conflict" (75). On the decisive point, Pippin agrees with Brandom's neo-pragmatism: "[S]elf-conscious beings do not have natures, they have histories" (68), specifically, the history of struggle and reconciliation among rational, mutually recognizing subjects.But what, then, does recognition mean and how does it "satisfy"? And in what does our "answerability to others" consist if there is no "non-question begging... standard" (83) by which to judge our answers? Hegel, Pippin writes, "has a ‘pragmatic' or a ‘historicized' or ‘dialogical' view of what counts as the appeal to reasons.... He understands practical reason as a kind of interchange of attempts at justification among persons... " (84). Justification, however, cannot mean an appeal to nature. Indeed, in the struggle for recognition, self-conscious freedom means indifference to mere natural life or desire. Nature no longer points to philosophical wholeness, as our love of seeing does in Aristotle's Metaphysics. To paraphrase Pippin's titles, he shows with superior clarity that Hegel's idealism really is modernism: i.e. the most thoroughgoing rejection of the Greek link between eleutheria and eudaimonia.But when Hegel writes of "the point where knowledge no longer needs to go beyond itself... where Concept corresponds to object and object to Concept" as the necessary "goal" of knowledge (¶80), this suggests that the "interchange of justifications" reaches an end. Even if this end is the socio-political order of mutual recognition among rational persons, it is surely not the mere fact of recognition that satisfies us... (shrink)

In this paper we propose the exam of one of the key points in the work of Cornelius Castoriadis: autonomy, as individual and collective project. Our purpose is to review the development in his view of the subject that motorizes social transformation. For this, we start from Castoriadis' critics to the role that Marxist theory assigns to the proletariat as a revolutionary class to reach an idea of human subjectivity with reflection and deliberation capacities. We will highlight the contributions of (...) the Freudian psychoanalytic perspective in this conception, as well as the distances with the Marxist perspectives than think the transformation of the individual as an awareness process. (shrink)

The negotiations of the intergovernmental group known as the ‘IGWG’, undertaken by the Member States of the WHO, were the result of a deadlock in the World Health Assembly held in 2006 where the Member States of the WHO were unable to reach an agreement on what to do with the 60 recommendations in the report on ‘Public Health, Innovation and Intellectual Property Rights submitted to the Assembly in the same year by a group of experts designated by the Director (...) General of the WHO. The result of these negotiations was the ‘Global strategy and plan of action on public health, innovation and intellectual property’ which was approved by the World Health Assembly in 2008. The intention of the Global Strategy and Plan of Action (GSPOA) which was produced by the IGWG was to substantially reform the pharmaceuticals' research and development system in view of the findings that this system, whose purpose is to produce medicines for diseases which affect the greater part of the world population which lives in developing countries, had failed. The intellectual property rights imposed by the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the recent trade agreements could become one of the main obstacles to access to medicines. The GSPOA makes a critical analysis of this reality, and opens the door to searching for new solutions to this problem. (shrink)

This article has a twofold purpose: first, it explores how Leonardo Polo's personalist anthropology enriches and enhances neo-Aristotelian virtue ethics and second, it highlights how this specific personalist approach brings new perspectives to servant leadership. The recently revived neo-Aristotelian virtue ethics tradition finds that MacIntyre's scholarship significantly contributes to virtue ethics in business—particularly his conception of practices, institutions, and internal/external goods. However, we argue that some of his latest insights about the virtues of acknowledged dependence and human vulnerability remain underdeveloped (...) because of the underlying anthropology that neo-Aristotelian virtue ethics relies on. To overcome this limitation, we introduce Polo's transcendental anthropology as a possible foundation of a personalist approach that enriches virtue ethics. To do so, we address how transcendental anthropology can enrich two central aspects of virtue ethics, namely (1) the understanding of human beings and their flourishing and (2) the relationship of virtue to praxis and human work. Finally, to address the practical implications for business leadership and work that can derive from assuming transcendental anthropology, we address how servant leadership acquires a new perspective in light of this personalism and its logic of gift, highlighting interpersonal self-giving as a way of service. (shrink)

The primary focus of agricultural research and extension in eastern Africa is technology generation and dissemination. Despite prior critiques of the shortcomings of this approach, the consequences of such activities continue to be measured through the number of technologies developed and introduced into the supply chain. At best, impact is assessed by the total numbers of adopters and by the household and system factors influencing adoption. While the diffusion research tradition has made substantive advances in recent decades, attention to what (...) happens to technologies after adaptive, on-farm research trials continues to be limited in practice. While a host of newer approaches designed to correct for past shortcomings in diffusion research is now available, integrative methodologies that capitalize on the strengths of these different traditions are sorely needed. This article presents a more encompassing methodology for tracking the fate of technological interventions, illustrating the potential applications of findings for enhancing the positive impact of agricultural research and extension in the region. (shrink)