This book considers Robert Brandom's philosophy and presents an original and exciting analysis of the semantic argument in legal argumentation.

Setting out the 'state of the art' in proportionality doctrine, this book combines theoretical reconstruction with case-law examples, defending and developing the dominant model of proportionality.

Derechos fundamentales, intereses y triunfos -- Proporcionalidad y moral -- El problema de la inconmensurabilidad -- Objeciones adicionales -- Análisis de caso.

This volume gathers leading figures from legal philosophy and constitutional theory to offer a critical examination of the work of Robert Alexy.

This article gives a concise overview on developments in German legal philosophy since 1990. After briefly sketching the previous streams, dating back to 1945, it focuses on current tendencies and topics. Three main debates are reported in detail, namely the debates on the structure of legal argumentation, on the structure of the legal system, and on Radbruch’s Formula. This includes, inter alia, Robert Alexy’s new theory of balancing as well as the debate on the role of logic in legal reasoning. (...) Overall, the article introduces the main protagonists and schools as well as their respective advantages, drawbacks, and challenges. (shrink)

Delayed responses are a common phenomenon in experience sampling studies. Yet no consensus exists on whether they should be excluded from the analysis or what the threshold for exclusion should be. Delayed responses could introduce bias, but previous investigations of systematic differences between delayed and timely responses have offered unclear results. To investigate differences as a function of delay, we conducted secondary analyses of nine paper and pencil based experience sampling studies including 1,528 individuals with different clinical statuses. In all (...) participants, there were significant decreases in positive and increases in negative affect as a function of delay. In addition, delayed answers of participants without depression showed higher within-person variability and an initial strengthening in the relationships between contextual stress and affect. Participants with depression mostly showed the opposite pattern. Delayed responses seem qualitatively different from timely responses. Further research is needed to understand the mechanisms underlying these differences. (shrink)

In recent years, the postulation that deception is necessary for placebos to have an effect on pain relief or increased well-being has come into question. Latest studies have shown that an openly administered mock drug works just as well as a deceptively administered placebo on certain complaints. This open-label placebo effect has primarily been used in the area of pain treatment so far. This study is the first to examine the effect of such placebos on healthy individuals with the use (...) of drinking water. In two experiments, participants were required to use certain specified water bottles for their daily drinking water consumption. At the beginning of Experiment 1, all participants received one bottle of water, which they were asked to refill themselves each day during a 2-week intervention period. In Experiment 2, participants received a new sealed water bottle every day. In both experiments, participants were randomly assigned to one of four groups: no treatment, open-label placebo without rationale, open-label placebo with rationale, and open-label placebo with additional rationale in a suggested relaxed state. We conducted baseline and post-treatment measurements of the subjective perceived physical and mental well-being of the participants. In Experiment 1, only the OPR++ group reported enhanced vitality at the post-treatment level compared to the other groups. In Experiment 2, post-treatment measurements showed improvements for the OPR++ group in the Physical Performance Capability, Mental Performance Capability, Emotional Balance, Overall Recovery, Negative Emotional State, and Overall Stress categories compared to the other groups. Our results support the idea that placebos with an additional rationale in a suggestive relaxed state are more effective than with just a rationale in a normal state. Furthermore, our study shows the tendency that OLP++ in the form of water with health claims may be more effective when the water is given in several sealed bottles separately than in one sealed but refillable bottle. (shrink)

The article focuses on the temporal and epistemic economy connected to the transatlantic travels of the categorical triad of ‘race-class-gender’. It looks at conditions and forces that have fuelled the dynamics of the discourse on differences and inequality among women and analyses feminist discourse and its aporias as a particular environment for the travels of theories. Furthermore, it follows the changes the triad of ‘race-class-gender’ undergoes on its transatlantic route from the United States to a German-speaking context and it outlines (...) the theoretical challenges connected to an intersectional perspective that aims to overcome a theoretical stagnation that itself finds symptomatic expression in the ritual citing of ‘race-class-gender’. (shrink)

Au cœur des interactions, les pronoms personnels tiennent une place déjà largement analysée en linguistique, particulièrement pour ce qui concerne les interactions numériques. C’est dans cette perspective que se situe cet article, qui a pour objet l’étude d’un chat de prévention au suicide, et plus particulièrement des interactions entre appelants en détresse et écoutants bénévoles. Notre étude s’attache à analyser la place singulière du pronom nous au sein de ce corpus, afin d’en saisir les particularités et les fonctions, dans le (...) contexte spécifique de la prévention au suicide ; dans cette optique, nous accordons une importance spécifique au nous de distanciation, dans une logique d’analyse de discours socialement située. (shrink)

One of the key doctrines of the philosophy of Thomas Aquinas is his definition of truth as _adaequatio intellectus et rei_. The aim of this study is to make clear that the medieval doctrine presents the essential meaning of the term 'truth'. It also throws light on the much discussed continuity between medieval and modern thought.