Abstract. It is commonplace that economic globalization poses new challenges to legal theory. But instead of responding to these challenges, legal scholars often get caught up in heated yet purely abstract discussions of positivist and legal pluralist conceptions of the law. Meanwhile, economics-based theories such as "Law and Social Norms" have much less difficulty in analysing the newly arising forms of private and hybrid "governance without government" from a functional perspective. While legal theory has much to learn from these approaches, (...) we argue that they fail in one crucial point: They cannot uphold the analytical distinction between law and non-law. The reasons for this shortcoming are theory-immanent in that the economic theories' focus on efficiency and their actor-based perspective are necessarily blind to "law's own rationality." We therefore propose to further develop those functional approaches to the study of global governance by complementing them with elements from Niklas Luhmann's systems theory of law. This will provide us with a conceptual framework for analyzing the workings of global governance regimes without ignoring their potential for "legalisation" and "constitutionalisation." As we will show in three concrete examples (Corporate Social Responsibility, lex mercatoria , and internet regulation) we can thus describe the evolution of new forms of legal regulation beyond the nation-state. This will also allow us to draw some preliminary conclusions on the role of law in the context of globalization and, at the same time, show the direction for further empirical research. (shrink)

It is commonplace that economic globalization poses new challenges to legal theory. But instead of responding to these challenges, legal scholars often get caught up in heated yet purely abstract discussions of positivist and legal pluralist conceptions of the law. Meanwhile, economics-based theories such as “Law and Social Norms” have much less difficulty in analysing the newly arising forms of private and hybrid “governance without government” from a functional perspective. While legal theory has much to learn from these approaches, we (...) argue that they fail in one crucial point: They cannot uphold the analytical distinction between law and non-law. The reasons for this shortcoming are theory-immanent in that the economic theories' focus on efficiency and their actor-based perspective are necessarily blind to “law's own rationality.” We therefore propose to further develop those functional approaches to the study of global governance by complementing them with elements from Niklas Luhmann's systems theory of law. This will provide us with a conceptual framework for analyzing the workings of global governance regimes without ignoring their potential for “legalisation” and “constitutionalisation.” As we will show in three concrete examples (Corporate Social Responsibility, lex mercatoria, and internet regulation) we can thus describe the evolution of new forms of legal regulation beyond the nation-state. This will also allow us to draw some preliminary conclusions on the role of law in the context of globalization and, at the same time, show the direction for further empirical research. (shrink)

The question whether memory aberrations in posttraumatic stress disorder also manifest as an increased production of false memories is important for both theoretical and practical reasons, but is yet unsolved. Therefore, for the present study we investigated veridical and false recognition in PTSD with a new scenic variant of the Deese–Roediger–McDermott paradigm, which was administered to traumatized individuals with PTSD , traumatized individuals without PTSD , and non-traumatized controls . The PTSD group neither produced higher rates of false memories nor (...) expressed more confidence in errors, but did show inferior memory sensitivity. Whereas depressive symptoms did not correlate with veridical nor false recognition, state dissociation was positively associated with false memories. (shrink)

Building on the work of Peter Hinst and Geo Siegwart, we develop a pragmatised natural deduction calculus, i.e. a natural deduction calculus that incorporates illocutionary operators at the formal level, and prove its adequacy. In contrast to other linear calculi of natural deduction, derivations in this calculus are sequences of object-language sentences which do not require graphical or other means of commentary in order to keep track of assumptions or to indicate subproofs. (Translation of our German paper "Ein Redehandlungskalkül. (...) Ein pragmatisierter Kalkül des natürlichen Schließens nebst Metatheorie"; online available at http://philpapers.org/rec/CORERE.). (shrink)

Building on the work of Peter Hinst and Geo Siegwart, we develop a pragmatised natural deduction calculus, i.e., a natural deduction calculus that incorporates illocutionary operators at the formal level, and prove its adequacy. In contrast to other linear calculi of natural deduction, derivations in this calculus are sequences of object-language sentences which do not require graphical or other means of commentary in order to keep track of assumptions or to indicate subproofs.

Die nachfolgenden Überlegungen beschäftigen sich mit der Frage, wie Karl Philipp Moritz' Rede von jener ,,Art eines höheren Daseins" zu verstehen ist, welches der Mensch über den Genuß eines Kunstwerks erreicht und in dem er seines ,,wahren und vollen Daseins" ansichtig wird. Es stellt sich heraus, daß dieses ,höhere Dasein' zwar als ein ästhetisches Vergnügen bezeichnet werden kann, daß es in recht eigentlicher Weise jedoch als jener Ort zu beschreiben ist, an dem Freiheit, Würde und Autonomie des Menschen grundgelegt (...) sind. Damit mündet die vermeintlich nur ästhetische Betrachtung eines Kunstwerks ein in das Wissen um die allgemeine politische Freiheit des Individuums. (shrink)

In diesem Band sind die nachgelassenen Schriften Moritz Schlicks zur Ethik gesammelt, ediert und kommentiert. Die Beschäftigung mit ethischen Fragen war für Schlick während seines gesamten Lebens von hoher Relevanz, daher sind in diesem Band Schriften aus vier Jahrzehnten versammelt, die die Entwicklung seines ethischen Denkens veranschaulichen. Sie beginnen mit Vorarbeiten zu der „Lebensweisheit“, einem seiner ethischen Hauptwerke, welches bereits in MSGA I/3 erschienen ist. Im Laufe seiner akademischen Laufbahn in Rostock, Kiel und Wien hielt Schlick immer wieder Vorlesungen (...) und Vorträge zu ethischen Themen. Herausstechend sind hier sicherlich „Über Ästhetik und Ethik“, eine von sehr wenigen Schriften Schlicks zur Ästhetik, weiterhin die Dokumente zur Vorlesung „Ethik und Kulturphilosophie“ vom Wintersemester 1935/6 in Wien. Letztere legen nahe, dass Schlick eine Reihe von Publikationen plante, in denen er eine systematische Darstellung seiner Philosophie entwickeln wollte. In dieser sind Ethik und Kulturphilosophie Teile eines zusammenhängenden Ganzen, neben der Geschichte der Philosophie, Logik, Naturphilosophie und Erkenntnistheorie. (shrink)

Der interdisziplinäre "Wiener Kreis" (der "Wissenschaftlichen Weltauffassung", des "Logischen Empirismus") entstand um Moritz Schlick im Wien der Zwischenkriegszeit. Er ist bis heute nicht nur in den exakten Wissenschaften und der analytischen Philosophie allgegenwärtig. Er hat darüber hinaus Forschungsfelder wie Ökonomie, Architektur (Werkbund und Bauhaus), Psychologie (Gestalttheorie) oder moderner Literatur mitbestimmt. Seine Wirkung reicht von sozialen Reformbewegungen (Siedlerbewegung) bis in die Kunst der Neuen Sachlichkeit.

There has been a groundswell of interest in the account of modality that Kant sets forth in his pre-Critical Only Possible Argument. Andrew Chignell's reconstruction of Kant's theistic argument in terms of what he calls has a prima facie advantage in that it appears to be able to block the plurality objection (namely, that even if every modal fact presupposes some ground, this does not entail that all modal facts share the same ground). I argue that it is both textually (...) and philosophically problematic to interpret Kant's argument in terms of real harmony. Then, I set forth an alternative response to the plurality objection which does not require the adoption of the problematic notion of real harmony. Instead, I argue that the objection can be overcome by observing that the argument seeks to ground modal facts as a totality and that, according to Kant, such relations can be accounted for only by their schematization in a single intellect. (shrink)

In this systematic study, Professor Achinstein analyzes such concepts as definitions, theories, and models, and contrasts his view with currently held positions that he finds inadequate.

Al-Kindi was the first philosopher of the Islamic world. He lived in Iraq and studied in Baghdad, where he became attached to the caliphal court. In due course he would become an important figure at court: a tutor to the caliph's son, and a central figure in the translation movement of the ninth century, which rendered much of Greek philosophy, science, and medicine into Arabic. Al-Kindi's wide-ranging intellectual interests included not only philosophy but also music, astronomy, mathematics, and medicine. Through (...) deep engagement with Greek tradition al-Kindi developed original theories on key issues in the philosophy of religion, metaphysics, physical science, and ethics. He is especially known for his arguments against the world's eternity, and his innovative use of Greek ideas to explore the idea of God's unity and transcendence. Despite al-Kindi's historical and philosophical importance no book has presented a complete, in-depth look at his thought until now. In this accessible introduction to al-Kindi's works, Peter Adamson surveys what is known of his life and examines his method and his attitude towards the Greek tradition, as well as his subtle relationship with the Muslim intellectual culture of his day. Above all the book focuses on explaining and evaluating the ideas found in al-Kindi's wide-ranging philosophical corpus, including works devoted to science and mathematics. Throughout, Adamson writes in language that is both serious and engaging, academic and approachable. This book will be of interest to experts in the field, but it requires no knowledge of Greek or Arabic, and is also aimed at non-experts who are simply interested in one of the greatest of Islamic philosophers. (shrink)

In this book, Peter Achinstein proposes and defends several objective concepts of evidence. He then explores the question of whether a scientific method, such as that represented in the four "Rules for the Study of Natural Philosophy" that Isaac Newton invoked in proving his law of gravity, can be employed in demonstrating how the proposed definitions of evidence are to be applied to real scientific cases.

This volume brings together eleven essays by the distinguished philosopher of science, Peter Achinstein. The unifying theme is the nature of the philosophical problems surrounding the postulation of unobservable entities such as light waves, molecules, and electrons. How, if at all, is it possible to confirm scientific hypotheses about "unobservables"? Achinstein examines this question as it arose in actual scientific practice in three nineteenth-century episodes: the debate between particle and wave theorists of light, Maxwell's kinetic theory of gases, and (...) J.J. Thomson's discovery of the electron. The book contains three parts, each devoted to one of these topics, beginning with an essay presenting the historical background of the episode and an introduction to the philosophical issues. There is an illuminating evaluation of various scientific methodologies, including hypothetico-deductivism, inductivism, and the method of independent warrant which combines features of the first two. Achinstein assesses the philosophical validity of both nineteenth-century and modern answers to questions about unobservables, and presents and defends his own solutions. (shrink)

This study presents a substantial and often radical reinterpretation of some of the central themes of Locke's thought. Professor Alexander concentrates on the Essay Concerning Human Understanding and aims to restore that to its proper historical context. In Part I he gives a clear exposition of some of the scientific theories of Robert Boyle, which, he argues, heavily influenced Locke in employing similar concepts and terminology. Against this background, he goes on in Part II to provide an account of Locke's (...) views on the external world and our knowledge of it. He shows those views to be more consistent and plausible than is generally allowed, demonstrating how they make sense and enable scientific explanations of nature. In examining the views of Locke and Boyle together, the book throws light both on the development of philosophy and the beginnings of modern science, and in particular it makes a considerable and original contribution to our understanding of Locke's philosophy. (shrink)

Explores how to identify future-proof science. Peter Vickers takes a transdisciplinary approach in his analysis of 'scientific fact' in order to defend science against potentially dangerous scepticism.

When i was in graduate school, I inadvertently walked in on a fellow student taking his comprehensive exams. He was extremely frustrated because two of the questions asked about conceptual issues in personality and personality disorders. This student was not expecting such questions and considered them to be unfair. I knew other students in that same program who would have considered it a gift to get such “interesting” questions. Those clinical and counseling psychologists with theoretical–philosophical interests are often attracted to (...) the topics of personality and personality disorders. It has, therefore, puzzled me why these same topics are largely ignored by those philosophers who study the conceptual issues of .. (shrink)

Philosophy written in Arabic and in the Islamic world represents one of the great traditions of Western philosophy. Inspired by Greek philosophical works and the indigenous ideas of Islamic theology, Arabic philosophers from the ninth century onwards put forward ideas of great philosophical and historical importance. This collection of essays, by some of the leading scholars in Arabic philosophy, provides an introduction to the field by way of chapters devoted to individual thinkers or groups, especially during the 'classical' period from (...) the ninth to the twelfth centuries. It also includes chapters on areas of philosophical inquiry across the tradition, such as ethics and metaphysics. Finally, it includes chapters on later Islamic thought, and on the connections between Arabic philosophy and Greek, Jewish, and Latin philosophy. The volume also includes a useful bibliography and a chronology of the most important Arabic thinkers. (shrink)

No argument from the Arabic philosophical tradition has received more scholarly attention than Avicenna's ‘flying man’ thought experiment, in which a human is created out of thin air and is able to grasp his existence without grasping that he has a body. This paper offers a new interpretation of the version of this thought experiment found at the end of the first chapter of Avicenna's treatment of soul in theHealing. We argue that it needs to be understood in light of (...) an epistemological theory set out elsewhere by Avicenna, which allows that all the constitutive properties of an essence will be clear to someone who understands and considers that essence. On our reading, this theory is put to work in the ‘flying man’: because the flying man would grasp that his own essence has existence without grasping that he has a body, connection to body cannot be constitutive of the essence. (shrink)

As part of his defence of panpsychism, Strawson introduces the notion of 'brute' emergence, and hints at a contrasting notion of 'true' emergence. Panpsychism is true not least because brute emergence is incoherent. The alternative relation of true emergence is coherent and congruent with panpsychism. Strawson's distinction suggests that panpsychists endorse true emergence, while emergentists endorse brute emergence. I show that this yields a false dichotomy, which wrongly associates traditional emergentism with an implausible notion of emergence. I clarify the nature (...) and purpose of true and brute emergence, and I argue that traditional emergentists should reject both of them. (shrink)

I critically analyze Kagan’s claim that in order to advance the science of emotion we should abandon the practice of referring to emotions with common folk psychological names, such as fear and anger. Kagan recommends discovering more homogenous constructs that are segregated by the type of evidence used to infer those constructs. He also argues that variable origins, biological implementations, and psychological and sociocultural contexts may combine to create distinct kinds of emotional states that require distinct names. I acknowledge that (...) such a splitting strategy will provide increased validity, but also claim that atomizing alone may not give us everything we want from a scientific classification. (shrink)

Cet article explore la classification des troubles psychiatriques dans la perspective du modèle des espèces pratiques. En nous basant sur certains travaux en philosophie des sciences qui soutiennent que les éléments chimiques et les espèces biologiques ne possèdent pas de véritables essences, nous affirmons que les troubles psychiatriques ne devraient pas être compris, eux non plus, de façon essentialiste. Les troubles psychiatriques sont des « espèces pratiques », non des « espèces naturelles ». Ce modèle représente une approche pragmatiste de (...) la classification qui pose, compte tenu de l’infinie complexité du monde, qu’une multitude de décisions peuvent jouer un rôle légitime dans la définition des limites des catégories. Il s’agit d’une approche nominaliste contemporaine qui considère les concepts et les catégories comme provisoires et partiels, sans toutefois rejeter l’idée qu’ils sont des espèces légitimes. Ce modèle rejette ce que Ian Hacking a nommé le structurisme inhérent, sans pour autant rejeter les espèces. Le modèle des espèces pratiques rejette aussi l’éliminativisme. Il est en accord avec les arguments non essentialistes offerts par les éliminativistes, mais il n’accepte pas leurs conclusions austères. Je discute finalement les complications et les imperfections du modèle.This article explores the classification of psychiatric disorders from the perspective of the practical kinds model. Based on work in the philosophy of science which argues that chemical elements and biological species do not have real essences, it is argued that psychiatric disorders should not be understood essentialistically either. Psychiatric disorders are practical, not natural kinds. This model represents a pragmatist approach to classification which holds that, because the world is so complex, a multitude of decisions can play legitimate roles in defining category boundaries. It is a contemporary nominalistic approach that views concepts and categories as provisional and partial, but does not reject the notion that there are legitimate kinds. It rejects what Ian Hacking has called inherent structurism, but not kinds. The practical kinds model is also anti-eliminativist. It agrees with the non-essentialistic arguments offered by eliminativists, but does not accept their austere conclusions. Complications and shortcomings of the model are discussed. (shrink)

Adorno had such an affinity for Beckett that he dedicated his posthumously published work, Aesthetic Theory, to him. In 1961, he wrote a thoughtful—if dizzyingly complex—tribute to Beckett’s play, Endgame, a work that models many aspects of Adorno’s cultural criticism. My aim, accordingly, is to offer an Adornian reading of Beckett’s Waiting for Godot by drawing upon his critiques of music, aesthetics, and the culture industry. My goal is twofold: to offer a refreshing analysis of one of the most significant (...) dramatic achievements of the twentieth century, and, in doing so, to demonstrate Adorno’s relevance to contemporary cultural studies by deploying multiple elements of his oeuvre. (shrink)

Commentary on four articles in a special issue on “theories of emotion,” comparing the theories with respect to five conceptual contrasts. The first four contrasts are essentialism versus nonessentialism, discriminative versus integrative theories, individual versus social focus, and instrumentalism versus scientific realism. Although scientific psychologists appear to have reached consensus in favor of nonessentialism and they freely use both realist and instrumentalist interpretations, there is no consensus on the other two contrasts. The final contrast explored addresses attitudes toward the use (...) of philosophy in scientific theorizing, and whether philosophy is best kept in the background or brought into the foreground. (shrink)