Law is an ontologically ideal entity. This feature shall be explored in order to explain why law cannot be perceived by the senses, why its contents can remain constant over time, why it can in principle be translated and why it does not have a dual nature. Due to law’s ontologically ideal nature it is independent from time and space, normative in kind and open for rational arguments. Although law can in many regards be abstract, its ontologically ideal nature has (...) to be distinguished from abstractness. (shrink)

This book presents an innovative reading of Daoist philosophy that highlights the critical and therapeutic functions of satire and humor. Moeller and D'Ambrosio show how the Zhuangzi expounds the Daoist art of "genuine pretending" the paradoxical skill of enacting social roles without submitting to them or letting them define one's identity.

CHAPTER ONE The Human Scene: INDIVIDUAL, COMMUNITY, COLLECTIVE IN THE COURSE of this study we shall see the evidences of disintegration of the individual in ...

I LAW AND NATURE i. The "Pure" Theory The Pure Theory of Law is a theory of positive law. It is a theory of positive law in general, not of a specific legal ...

The legitimacy of humanitarian intervention has been contested for more than a century, yet pressure for such intervention persists. Normative evolution and institutional design have been closely linked since the first debates over humanitarian intervention more than a century ago. Three norms have competed in shaping state practice and the normative discourse: human rights, peace preservation, and sovereignty. The rebalancing of these norms over time, most recently as the state’s responsibility to protect, has reflected specific international institutional environments. The contemporary (...) legitimacy of humanitarian intervention is based on UN Security Council authorization of the use of force. Although the Security Council is often viewed as representative of great-power influence, international acceptance of its role is based on the role of non-permanent members and their support for the sovereignty norm. The current rebalanced norms supporting humanitarian intervention, institutional bias that protects state sovereignty, and the changing character of mass violence may undermine the tenuous contemporary legitimacy of humanitarian intervention. Normative adjustments and new institutional designs are required to insure the legitimacy of international action that protects populations against mass violence. (shrink)

Ludwik Fleck, Edmund Husserl : on the historicity of scientific knowledge -- Gaston Bachelard : the concept of "phenomenotechnique" -- Georges Canguilhem : epistemological history -- Pisum : Carl Correns's experiments on Xenia, 1896-99 -- Eudorina : Max Hartmann's experiments on biological regulation in protozoa, 1914-21 -- Ephestia : Alfred Kähn's experimental design for a developmental physiological -- Genetics, 1924-45 -- Tobacco mosaic virus : virus research at the Kaiser Wilhelm Institutes for Biochemistry and Biology, 1937-45 -- The concept of (...) the gene : molecular biological perspectives -- The liquid scintillation counter : traces of radioactivity -- The concept of information : the writings of François Jacob -- Intersections -- Preparations -- The economy of the scribble. (shrink)

"Social ontology, conventionally defined, is not primarily about us. Rather, it is about the social world (or worlds), about social reality (or realities), or about the domain(s) of social facts. Social ontology aims at providing an inventory of the basic kinds of entities that make up the social world(s) - items such as norms, institutions, social practices, status positions, power structures, and artifacts. It is the study of the basic kinds of properties of these entities, and of how the social (...) world exists, how it is constituted, or constructed"--. (shrink)

This volume provides the first English translation of Hans Kelsen's and Carl Schmitt's influential Weimar-era debate on constitutional guardianship and the legitimacy of constitutional review. It includes Kelsen's seminal piece, 'The Nature and Development of Constitutional Adjudication', as well as key extracts from the 'Guardian of the Constitution' which present Schmitt's argument against constitutional review. Also included are Kelsen's review of Schmitt's 'Guardian of the Constitution', as well as some further material by Kelsen and Schmitt on presidential dictatorship under (...) Article 48 of the Weimar Constitution. These texts show Kelsen and Schmitt responding to one another, in the context of a debate focused on a concrete constitutional crisis, thus allowing the reader to assess the plausibility of Kelsen's and Schmitt's legal and constitutional theories. (shrink)

_Wittgenstein_ presents a concise, comprehensive, and systematic treatment of Ludwig Wittgenstein's thought from his early work, _Tractatus Logico-Philosophicus,_ to the posthumous publication of _On Certainty_, notes written just prior to his death. A substantial scholarly addition to our understanding of one of the most original and influential thinkers of the twentieth century, by renowned Wittgenstein scholar, Hans Sluga Proposes an original new interpretation of Wittgenstein's work Written to also be accessible to readers unfamiliar with Wittgenstein's thought Includes discussion of (...) the social and political background and contemporary relevance of Wittgenstein's thoughts. (shrink)

Loneliness in medicine is a serious problem not just for patients, for whom illness is intrinsically isolating, but also for physicians in the contemporary condition of medicine. We explore this problem by investigating the ideal physician-patient relationship, whose analogy with friendship has held enduring normative appeal. Drawing from Talbot Brewer and Nir Ben-Moshe, we argue that this appeal lies in a dynamic form of companionship incompatible with static models of friendship-like physician-patient relationships: a mutual refinement of embodied virtue that draws (...) both persons together. The ideal physician-patient relationship has a dialectical character that fosters each member's improvement of phenomenologically recognizing and embodying moral virtues. A key component of this dynamic is a commitment to the common goal of the patient's health, realized through joint interactivities and conversations over time. The physician's presence to the patient's suffering—understood best as an alienating phenomenological condition for the patient—orients and discloses possibilities for virtuous caregiving by structuring the meanings of the goals, conversations, and joint narrative constitutive of their relationship. Presence to suffering, paradoxically, is perhaps an important prerequisite for this dynamic partnership. These activities dialectically build an interpretive horizon of understanding through which moral goods and character refinement—in and for the other—may become revealed for both persons in their shared being-in-the-world. This analysis of suffering, mood, and revealing of (possible) moral goods has implications for addressing the modern problem of loneliness for patients and physicians, who are increasingly inhibited from building flourishing relationships with each other. (shrink)

Das Menschliche ist dadurch charakterisiert, dass der Mensch über sich selbst und seine Verfasstheit sowie seine Gemeinschaft und Kultur nachdenken kann, ja, muss. Er ist das Wesen, das sich selber immer wieder zum Problem geworden ist und wird, das nicht selbstverständlich einfach so dahinlebt oder -existiert, sondern in gewisser Weise ein reflektierendes Wesen ist, das sich nach sich selber befragt, nach dem Sinn seiner Existenz, seines Lebens, seiner Verfasstheit als eines geschlechtlichen Wesens usw. Das sind Gesichtspunkte, die natürlich immer nur (...) in einer kulturellen und einer traditions-gesellschaftlichen Welt eingenommen bzw. gewonnen werden können. Aufgabe einer philosophischen Anthropologie ist es nun - so Hans Lenk - das Wissen um die Lage und die Fähigkeiten des Menschen in ein Gesamtbild zu bringen. Mit anderen Worten, sie muss sich interdisziplinär verstehen und die Ergebnisse der Wissenschaften, soweit sie für das Thema Mensch und die umfassende Behandlung und Integration aller Aspekte in diesem Zusammenhang wichtig sind, mit einbeziehen. (shrink)

Das Buch gibt einen Überblick über die Arbeiten von Hans Albert und behandelt ausgewählte Konsequenzen seines Werks für die Philosophie des Kritischen Rationalismus und ihre Anwendungen in Gebieten der Soziologie, Wirtschaftswissenschaften, Rechtswissenschaften und weiteren Wissenschaften.

The smooth -- The smooth body -- The aesthetics of the smooth -- Digital beauty -- The aesthetics of veiling -- The aesthetics of injury -- The aesthetics of disaster -- The ideal of beauty -- Beauty as truth -- The politics of beauty -- Pornographic theatre -- Lingering on beauty -- Beauty as reminiscence -- Giving birth in beauty.

An in-depth account of how critique and subversion have been integral parts of the history and development of Chinese philosophy from the classical period to the present.

The ever-increasing dominance of English within analytic philosophy is an aspect of linguistic globalisation. To assess it, I first address fundamental issues in the philosophy of language. Steering a middle course between linguistic universalism and linguistic relativism, I deny that some languages might be philosophically superior to others, notably by capturing the essential categories of reality. On this background I next consider both the pros and cons of the Anglicisation of philosophy. I shall defend the value of English as a (...) lingua franca, while denying both the feasibility and the desirability of English as the sole universal language of philosophy. Finally I turn to the linguistic inequality in contemporary analytic philosophy. While it does not per se amount to an injustice, there is a need to level the playing field. But the remedy does not lie in linguistic academic sectarianism. Instead, what might be called for are piecemeal measures to reduce explicit and implicit biases against analytic philosophers on the geographic fringes, biases that are only partly connected to the predominance of English. (shrink)

This book proposes a new Ethics of Political Commemoration adapted from the Just War tradition, reflecting that remembrance is often conducted with political – and even coercive – intent. With its Ius ad Memoriam (what to commemorate) and Ius in Memoria (how to commemorate) criteria, the framework looks to guide debates that are currently inchoate so that remembrance of the past can transform relationships in the present and build a shared future. Offering a moral argument with memorable illustrations, Gutbrod and (...) Wood draw on experiences from Armenia, Georgia, Ireland, Lebanon, and Libya, while connecting to mainstream debates in Western Europe and the United States. Bringing together an ethical tradition with the practice of conflict transformation, the framework fuses two perspectives that enrich each other. The book, in providing a first systematic presentation of the ethics, seeks to engage citizens and scholars, and help those who work to transform conflicts. (shrink)

More and more, we present ourselves and encounter others through profiles. A profile shows us not as we are seen directly but how we are perceived by a broader public. As we observe how others observe us, we calibrate our self-presentation accordingly. Profile-based identity is evident everywhere from pop culture to politics, marketing to morality. But all too often critics simply denounce this alleged superficiality in defense of some supposedly pure ideal of authentic or sincere expression. This book argues that (...) the profile marks an epochal shift in our concept of identity and demonstrates why that matters. You and Your Profile blends social theory, philosophy, and cultural critique to unfold an exploration of the way we have come to experience the world. Instead of polemicizing against the profile, Hans-Georg Moeller and Paul J. D’Ambrosio outline how it works, how we readily apply it in our daily lives, and how it shapes our values—personally, economically, and ethically. They develop a practical vocabulary of life in the digital age. Informed by the Daoist tradition, they suggest strategies for handling the pressure of social media by distancing oneself from one’s public face. A deft and wide-ranging consideration of our era’s identity crisis, this book provides vital clues on how to stay sane in a time of proliferating profiles. (shrink)