Approaches to legal pluralism vary widely across the spectrum of different disciplines. They comprise normative and descriptive perspectives, focus both on legal pluralist realities as well as public debates, and address legal pluralism in a range of different societies with varying political, institutional and historical conditions. Emphasising an empirical research to contemporary legal pluralist settings in Muslim contexts, the present collected volume contributes to a deepened understanding of legal pluralist issues and realities through comparative examination. This approach reveals some common (...) features, such as the relevance of Islamic law in power struggles and in the construction of (state or national) identities, strategies of coping with coexisting sets of legal norms by the respective agents, or public debates about the risks induced by the recognition of religious institutions in migrant societies. At the same time, the studies contained in this volume reveal that legal pluralist settings often reflect very specific historical and social constellations, which demands caution towards any generalisation. The volume is based on papers presented at a conference in Münster (Germany) in 2016 and comprises contributions by Judith Koschorke, Karen Meeschaut, Yvonne Prief, Ulrike Qubaja, Werner de Saeger, Ido Shahar, Katrin Seidel, Konstantinos Tsitselikis, Vishal Vora and Ihsan Yilmaz. (shrink)

Originally published in 1985, this is a short meditation by a great old man on people relating to other people who are dying, and the need for all of us to open ...

Two experiments were conducted to investigate the roles of covariation and of causality in people's readiness to believe a conditional. The experiments used a probabilistic truth-table task (Oberauer & Wilhelm, 2003) in which people estimated the probability of a conditional given information about the frequency distribution of truth-table cases. For one group of people, belief in the conditional was determined by the conditional probability of the consequent, given the antecedent, whereas for another group it depended on the probability of (...) the conjunction of antecedent and consequent. There was little evidence that covariation, expressed as the probabilistic contrast or as the pCI rule (White, 2003), influences belief in the conditional. The explicit presence of a causal link between antecedent and consequent in a context story had a weak positive effect on belief in a conditional when the frequency distribution of relevant cases was held constant. (shrink)

Anwander questions "the role that Pogge assigns to benefiting from injustice in the determination of our duties toward the victims of injustice... challenging his claim that there is a negative duty not to benefit from injustice.".

This paper discusses “impartiality thought experiments”, i.e., thought experiments that attempt to generate intuitions which are unaffected by personal characteristics such as age, gender or race. We focus on the most prominent impartiality thought experiment, the Veil of Ignorance (VOI), and show that both in its original Rawlsian version and in a more generic version, empirical investigations can be normatively relevant in two ways: First, on the assumption that the VOI is effective and robust, if subjects dominantly favor a certain (...) normative judgment behind the VOI this provides evidence in favor of that judgment; if, on the other hand, they do not dominantly favor a judgment this reduces our justification for it. Second, empirical investigations can also contribute to assessing the effectiveness and robustness of the VOI in the first place, thereby supporting or undermining its applications across the board. (shrink)

Michel Foucault entwickelt sich gegenwartig zweifellos zu einer der neuen Bezugsgrossen des padagogischen Diskurses: Nach einer langen Phase grosser Widerstande innerhalb der deutschsprachigen Erziehungswissenschaft werden jetzt die ...

Oaksford and Chater (1994) proposed to analyse the Wason selection task as an inductive instead of a deductive task. Applying Bayesian statistics, they concluded that the cards that participants tend to select are those with the highest expected information gain. Therefore, their choices seem rational from the perspective of optimal data selection. We tested a central prediction from the theory in three experiments: card selection frequencies should be sensitive to the subjective probability of occurrence for individual cards. In Experiment 1, (...) expected frequencies of the p- and the q-card were manipulated independently by concepts referring to large vs. small sets. Although the manipulation had an effect on card selection frequencies, there was only a weak correlation between the predicted and the observed patterns. In the second experiment, relative frequencies of individual cards were manipulated more directly by explicit frequency information. In addition, participants estimated probabilities for the four logical cases and of the conditional statement itself. The experimental manipulations strongly affected the probability estimates, but were completely unrelated to card selections. This result was replicated in a third experiment. We conclude that our data provide little support for optimal data selection theory. (shrink)

Carey's book on conceptual change and the accompanying argument that children's biology initially is organized in terms of naïve psychology has sparked a great detail of research and debate. This body of research on children's biology has, however, been almost exclusively been based on urban, majority culture children in the US or in other industrialized nations. The development of folkbiological knowledge may depend on cultural and experiential background. If this is the case, then urban majority culture children may prove to (...) be the exception rather than the rule, because plants and animals do not play a significant role in their everyday life. Urban majority culture children, rural majority culture children, and rural Native American children were given a property projection task based on Carey's original paradigm. Each group produced a unique profile of development. Only urban children showed evidence for early anthropocentrism, suggesting that the co-mingling of psychology and biology may be a product of an impoverished experience with nature. In comparison to urban majority culture children even the youngest rural children generalized in terms of biological affinity. In addition, all ages of Native American children and the older rural majority culture children gave clear evidence of ecological reasoning. These results show that both culture and expertise play a role in the development of folkbiological thought. (shrink)

The objective of this article is to analyse and compare four methods of ethical case deliberation. These include Clinical Pragmatism, The Nijmegen Method of ethical case deliberation, Hermeneutic dialogue, and Socratic dialogue. The origin of each method will be briefly sketched. Furthermore, the methods as well as the related protocols will be presented. Each method will then be evaluated against the background of those situations in which it is being used. The article aims to show that there is not one (...) ideal method of ethical case deliberation, which fits to all possible kinds of moral problems. Rather, as each of the methods highlights a limited number of morally relevant aspects, each method has its strengths and weaknesses as well. These strengths and weaknesses should be evaluated in relation to different types of situations, for instance moral problems in treatment decisions, moral uneasiness and residue, and the like. The suggestion arrived at on the basis of the findings of this paper is a reasonable methodological plurality. This means that a method can be chosen depending on the type of moral problem to be deliberated upon. At the same time it means, that by means of a method, deliberation should be facilitated. (shrink)

This paper explores the relevance of the debate about ethical expertise for the practice of clinical ethics. We present definitions, explain three theories of ethical expertise, and identify arguments that have been brought up to either support the concept of ethical expertise or call it into question. Finally, we discuss four theses: the debate is relevant for the practice of clinical ethics in that it (1) improves and specifies clinical ethicists' perception of their expertise; (2) contributes to improving the perception (...) of moral competence of non-ethicists; (3) gives insight into complementary styles of argumentation of ethicists and non-ethicists; and (4) contributes to the awareness of the problem of profession-building of (clinical) ethicists. (shrink)

This is a new release of the original 1949 edition.

What is Sociology? presents in concise and provocative form the major ideas of a seminal thinker whose work--spanning more than four decades--is only now gaining the recognition here it has long had in Germany and France. Unlike other post-war sociologists, Norbert Elias has always held the concept of historical development among his central concerns; his dynamic theories of the evolution of modern man have remedied the historical and epistemological shortcomings of structualism and ethno-methodology. What is Sociology? refines the arguments (...) that were first found in Elias' massive work on the civilizing process, in which he formulated his major assertions about the interdependence of the making of modern man and modern society. It is Elias' contention that changes in personality structure--embodied in phenomena ranging from table manners and hygiene habits to rites of punishment and courtly love--inevitably reflect and mould patterns of control generated by new political and social instututions. Elias' rejection of a dichotomy between individual and society, and his use of psychoanalysis, political theory, and social history, help restore a fullness of resource to sociology. (shrink)

Die Katholische Kirche gehort zu den scharfsten Kritikern der Biowissenschaften. Sie erkennt wohl die positiven Fortschritte an, bemangelt aber Grenzuberschreitungen, die aus ihrer Sicht dem Menschen letztlich nicht dienen. Vor allem die Forschung mit humanen embryonalen Stammzellen und die vorgeburtliche Diagnostik stossen auf Ablehnung. In den biomedizinischen Wissenschaften fallen die Bewertungen, die Vielfalt ethischer Werthaltungen ist naturgemass grosser als im kirchlichen Bereich. Viele Biowissenschaftler und Mediziner befurworten die Stammzellforschung und die vorgeburtliche Diagnostik. Die Beitrager Analysieren dieses Spannungsverhaltnuis und fragen, wie (...) es gelingen kann, die Gegensatze zwischen Kirche und Biowissenschaft zu entscharfen und mehr gegenseitiges Verstandnis aufzubauen? (shrink)

Das Buch enthält eine informative und klare Darstellung der Entstehung des Antirealismus unter dem Einfluß der Suche nach absoluter Gewißheit. Der Verfasser konfrontiert diese für die moderne Philosophie charakteristische Denkweise mit der realistischen und fallibilistischen Auffassung des Kritischen Rationalismus. H. Albert.

This article challenges E.P. Thompson's definition of ‘moral economy’ as a traditional consensus of crowd rights that were swept away by market forces. Instead, it suggests that the concept has the potential of improving the understanding of modern civil society. Moral economy was a term invented in the eighteenth century to describe many things. Thompson's approach reflects only a minor part of this conceptual history. His understanding of moral economy is conditioned by a dichotomous view of history and by the (...) acceptance of a model according to which modern economy is not subject to moral concerns. It is on principle problematic to confine a term conjoining two concepts as general as ‘moral’ and ‘economy’ to a specific historical and social setting. Recent approaches that frame moral economy as an emotively defined order of morals are also misleading since they do not address economic issues in the way they are commonly understood. The most promising current approaches appear to be those that consider t.. (shrink)