Cycle of lectures held at Heinrich-Heine-Universitèat Dèusseldorf.

Frederick II neither tolerated the Schwenckfeldians in Silesia as an independent denomination nor recognized them, but, rather from a legal basis demanded that they be incorporated into the Lutheran Church. With the acknowledgement of the Schwenckfeldian movement as an independant denomination, he would have gone beyond article VII of the Instrumenta Pacis Osnabrigense, jeopardizing future peace negotiations with the House of Habsburg. However, he did promise the Schwenckfeldians that the government would respect their personal faith and conscience and would be (...) willing to protect them from attack, though limited by the reason of state which would be endangered if the fundamental articles of the Christian religion were openly denied. For if these were negated one could not discount the possibility that not only Maria Theresea but also the Protestant and Catholic subjects would take offence, causing tension and diminishing the prosperity of the State. The philosopher of Sanssouci himself held freedom of faith and conscience highly, but felt it had to be subordinate to the welfare of the state. The actual reason for he gave this assurance to the Schwenckfeldians though, was not merely to give his subjects a relative amount of freedom, but, more important, to encourage further immigration into his lands. Frederick II, who saw himself as the first servant of his state, thereby hoped to raise the density of population in relatively depopulated areas, to promote manufacturing and trade, and with it the prosperity of the state. The positive impulse for the attitude of Frederic II against the Schwenckfeldians was therefore in the last analysis based on political motives. His concession of freedom of faith and conscience to the Schwenckfeldians was in principle possible only because he had granted such freedom to all his Silesian subjects - who had to belong to one of the three confessions recognized by the Peace of Westphalia- on the condition that they would not deny reverence to God or subservience to the State. In comparison to the intolerant attitude of many contemporary states which gave their subjects no liberty of faith or conscience, the position which the state of Frederic II hat taken vis-a-vis the Schwenckfeldians in Silesia therefore signifies a great step forward. This position, however, was considerably less than the religious freedom enjoyed by those Schwenckfeldians who emigrated to Pennsylvania. (shrink)

Der Marburger Rechtsphilosoph Ernst Wolf ist in den 1950er Jahren von einer idealen Rechtsphilosophie zu seiner Lehre von der Realität rechtlicher Verhältnisse übergegangen. Am Ende seines Lebens sind ihm an seiner Realen Rechtslehre Zweifel gekommen. Der Band zeichnet diese Entwicklungen nach.

This paper reviews the most common approaches that have been adopted to analyze and describe loss aversion under prospect theory. Subsequently, it is argued that loss aversion is a property of observable choice behavior and two new definitions of loss averse behavior are advocated. Under prospect theory, the new properties hold if the commonly used utility based measures of loss aversion are corrected by a probability based measure of loss aversion and their product exceeds 1. It is shown that prominent (...) parametric families of weighting functions, while successful in accommodating empirical findings on probabilistic risk attitudes, may not fit well with the theoretical implications of the new loss averse behavior conditions. (shrink)

Fifty years ago Hartman studied the barrier transmission time of wave packets (J Appl Phys 33:3427–3433, 1962). He was inspired by the tunneling experiments across thin insulating layers at that time. For opaque barriers he calculated faster than light propagation and a transmission time independent of barrier length, which is called the Hartman effect. A faster than light (FTL or superluminal) wave packet velocity was deduced in analog tunneling experiments with microwaves and with infrared light thirty years later. Recently, the (...) conjectured zero time of electron tunneling was claimed to have been observed in ionizing helium inside the barrier. The calculated and measured short tunneling time arises at the barrier front. This tunneling time was found to be universal for elastic fields as well as for electromagnetic fields. Remarkable is that the delay time is the same for the reflected and the transmitted waves in the case of symmetric barriers. Several theoretical physicists predicted this strange nature of the tunneling process. However, even with this background many members of the physics community do not accept a FTL signal velocity interpretation of the experimental tunneling results. Instead a luminal front velocity was calculated to explain the FTL experimental results frequently. However, Brillouin stated in his book on wave propagation and group velocity that the front velocity is given by the group velocity of wave packets in the case of physical signals, which have only finite frequency bandwidths. Some studies assumed barriers to be cavities and the observed tunneling time does represent the cavity lifetime. We are going to discus these continuing misleading interpretations, which are found in journals and in textbooks till today. (shrink)

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)

Behemoth und Leviathan. Rebellion und Friedensordnung, Bürgerkrieg und souveräne Staatsperson. Die politische Theorie kommt nicht los von den beiden biblischen Ungeheuern, in deren Bildern Thomas Hobbes die politische Moderne bannte. Am Beginn der neueren Deutungen steht Horst Bredekamps Geschichte jenes 'Urbilds des modernen Staates' und seiner Mutationen (Thomas Hobbes. Der Leviathan. Das Urbild des modernen Staates und seine Gegenbilder, 1651?2001. Berlin 1999, 2006). Doch der Leviathan lässt sich nicht ohne seinen Doppelgänger verstehen, das Landtier Behemoth, das politische Symbol der (...) 'revolutionären anarchischen Kraft des Naturzustandes' (Carl Schmitt), dessen Bildgeschichte nicht weniger verwickelt ist. In seinem neuen Buch setzt Horst Bredekamp die politische Geschichte der beiden Untiere fort, indem er den historischen Wandel des hiobschen Monstrums in den Mittelpunkt stellt. Es ist zugleich der Start der neuen Reihe 'Carl-Schmitt-Vorlesungen', in denen die von der Carl-Schmitt-Gesellschaft jährlich in Berlin veranstalteten Vorlesungen veröffentlicht werden. (shrink)

V. 1 is a detailed analysis of a previously unknown proof copy of the first edition of Galileo's Sidereus nuncius, in which watercolor drawings appear in place of the etchings of the published edition, consigned in 2005 to the antiquarian bookselling firm of Martayan Lan. V. 2 is an account of the composition and production of the edition, based on analysis of extant copies as well as the New York proof copy. V. 3 was written in response to the discovery, (...) soon after the publication of v. 2, that the proof copy was in fact an elaborate forgery produced between 2003 and 2005 under the direction of Marino Massimo de Caro, as first reported in the article "A very rare book," by Nicholas Schmidle, in The New Yorker issue of 16 December 2013. V. 4, in German, is a heavily revised edition of Horst Bredekamp's Galilei der Künstler, which had included a chapter on the then unrecognized forgery. (shrink)

Horst Bredekamp’s subject is the astute deployment and perennial resonance of the startling image of the body politic that dominates the frontispiece to Leviathan: a treatise on the psychology of the individual and the dynamic of the multitude, published in 1651 by the English philosopher Thomas Hobbes. Affirming the centrality of such a figural device for this pioneering theorist of the state, Bredekamp goes on to address the art-historical dimension of the mesmerising etched title-page. In his central chapters he (...) explores the extraordinary range of sources – from socio-cultural tradition to scientific advances – on which the author and his artist-collaborator may have drawn. In conclusion, he reveals Hobbes to be no less passionate than shrewd in his belief that the constraints and amenities of a tolerable life in common attest to the potency of the visual. As appendices, two essays and catalogues explore the portraits made of Hobbes as well as illustrations that appeared in his other works, thus systematically completing the exploration of the images connected with this exceptional philosopher. (shrink)

Germany is at the leading edge of European reflection on the nature and requirements of ethical business. Two scholars in the field provide a survey of the main lines of discussion in the current German business ethics scene, and discuss three important books which are helping set the scene for further developments. Prof. Dr. Horst Steinmann holds the Chair for Business Administration and Management at the University of Erlangen‐Nürnberg, Lange Gasse 20, D‐90403 Nürnberg, and Dipl.‐Hdl. Brigitte Kustermann is research (...) assistant to the same chair. (shrink)

The constructionism is an epistemology that is discussed in several social and educational disciplines. The key thesis is that the human world is based on perception and is a construction of a reality that lies outside of the knowing subject. Everything that can be known of this external reality is created by the observer. The following article describes the tradition of this epistemological position of skepticism and the different perspectives and,,schools" of this constructionist paradigm. Some unsolved questions are discussed, and (...) it is asked whether this paradigm is really new and innovative. The last section concerns the reception of these ideas within the educational sciences and pedagogical practice. (shrink)

This book challenges the standard view that modern hermeneutics begins with Friedrich Ast and Friedrich Schleiermacher, arguing instead that it is the dialectic of reflective and teleological reason in Kant’s Critique of Judgment that provides the actual proto-hermeneutic foundation. It is revolutionary in doing so by replacing interpretive truth claims by the more appropriate claim of rendering opaque contexts intelligible. Taking Gadamer’s comprehensive analysis of hermeneutics in Truth and Method (1960) as its point of departure, the book turns to Kant’s (...) Critiques, reviewing his major concepts as a coherent system in relation to his sensus communis. At the heart of the book is the interaction between reflective, bottom-up search and teleological, top-down interpretative projection as provided in Part II of the third Critique. This text contends that Kant’s broad definition of nature invites the liberation of the reflective-teleological judgment from its biological exemplifications and so permits us to establish its generalised status as a path-breaking, methodological tool. Kant’s dialectic of reflective search and meaning bestowing, stipulated teleology is asserted to anticipate a series of motifs commonly associated with hermeneutics. Figures covered include Dilthey, Husserl, Ingarden, Heidegger, Gadamer, Apel, Habermas, Ricoeur, Derrida, Foucault, Lyotard, Deleuze, Vattimo, Nancy and Caputo. Their collective contributions to interpretation allow for a review of the evolution of hermeneutics from the perspective of the Kantian critique of the limitations of human cognition. The book is written for the informed, general reader, but will likewise appeal to advanced undergraduate and graduate students as well as researchers in the humanities and social sciences. (shrink)

Contemporary philosophers of mind tend to assume that the world of nature can be reduced to basic physics. Yet there are features of the mind consciousness, intentionality, normativity that do not seem to be reducible to physics or neuroscience. This explanatory gap between mind and brain has thus been a major cause of concern in recent philosophy of mind. Reductionists hold that, despite all appearances, the mind can be reduced to the brain. Eliminativists hold that it cannot, and that this (...) implies that there is something illegitimate about the mentalistic vocabulary. Dualists hold that the mental is irreducible, and that this implies either a substance or a property dualism. Mysterian non-reductive physicalists hold that the mind is uniquely irreducible, perhaps due to some limitation of our self-understanding. In this book, Steven Horst argues that this whole conversation is based on assumptions left over from an outdated philosophy of science. While reductionism was part of the philosophical orthodoxy fifty years ago, it has been decisively rejected by philosophers of science over the past thirty years, and for good reason. True reductions are in fact exceedingly rare in the sciences, and the conviction that they were there to be found was an artifact of armchair assumptions of 17th century Rationalists and 20th century Logical Empiricists. The explanatory gaps between mind and brain are far from unique. In fact, in the sciences it is gaps all the way down.And if reductions are rare in even the physical sciences, there is little reason to expect them in the case of psychology. Horst argues that this calls for a complete re-thinking of the contemporary problematic in philosophy of mind. Reductionism, dualism, eliminativism and non-reductive materialism are each severely compromised by post-reductionist philosophy of science, and philosophy of mind is in need of a new paradigm. Horst suggests that such a paradigm might be found in Cognitive Pluralism: the view that human cognitive architecture constrains us to understand the world through a plurality of partial, idealized, and pragmatically-constrained models, each employing a particular representational system optimized for its own problem domain. Such an architecture can explain the disunities of knowledge, and is plausible on evolutionary grounds. (shrink)

Expulsion of senses. Acustic spaces: call and listening in interpretive sociology. Following the 'mental constructs' that are illustrative for Max Weber's Idealtypologie, the 'acustic spaces' in the cultural concept of education are developed. The study is an analysis of the organization of command and obedience in Weber's sociology of domination. His interpretive sociology is taken from Martin Heidegger. Another subject of the paper is an excursion into the sociology of music of Weber and Adorno. In the acoustic sounds of music, (...) especially in the organ and piano works, we find the process of rationalization of the Western culture. (shrink)

“Analytical construct. The Culture as construct and the constitution of the social – fallowing Max Weber”. The key of this paper is the chalange to determinate theplace of the cultural sociology in the context of the general sociology and of the other cultural sciences, like cultural anthropology and ethnology. For doing that it is necessary to analize Max Weber’s concept: Gedankenbild.

Horst Ruthrof revisits Husserl's phenomenology of language and highlights his late writings as essential to understanding the full range of his ideas. Focusing on the idea of language as imaginable as well as the role of a speech community in constituting it, Ruthrof provides a powerful re-assessment of his methodological phenomenology. From the Logical Investigations to untranslated portions of his Nachlass, Ruthrof charts all the developments and amendments in his theorizations. Instead of emphasising the definition and meaning of words, (...) Husserl's later writings point to the variation produced by a community of speakers in the act of communicating. Essential to this linguistic meaning is the intersubjective character that Ruthrof argues is so emblematic of Husserl's position. Using his concepts of intimation, introjection, reciprocity, and voice further outlines a theory that is intersubjective and communal. Bringing his study up to the present day, Ruthrof discusses metal time travel, the evolution of language, and protosyntax in the context of Husserl's late writings, progressing a comprehensive new phenomenological ontology of language with wide-ranging implications for philosophy, linguistics, and cultural studies. (shrink)