The dissertation addresses the relationship between common sense, skepticism, and naturalistic science in Hume. It is argued that Hume's moral science uncovers numerous common illusions of visual and moral perception; it is not a defense of common-sense experience. ;Firstly, Hume views the ordinary experience of causation and external reality as illusory. The former experience is a projection of human expectation; the latter a conflation of perceptions. ;Secondly, it is argued that, according to Hume, the moral judge overlooks his biases by (...) fictively projecting himself to an impartial standpoint. Impartial sentiments are weak, however, and their weakness generates another fiction: they are mistaken for the inferences of reason. Finally, the judge falsely imagines that he can "see" the character of the persons whom he judges, when all that he actually sees are their actions. ;Thirdly, the dissertation contends that, although the practice of justice arises out of self-interest, the moral agent mistakes his personal interest for public benevolence. When his hidden selfishness fails to move him, he acts justly in the hope of re-acquiring the "lost" benevolence that he never actually had. He saves himself from disappointment by misinterpreting his actions as signs of genuine reform. In the case of promising, the agent falsely imagines that he wills its moral obligation into being with the words "I promise." ;Fourthly, it is shown how Hume denies that we can find the historical root of political obedience in enlightened self-interest and instead stresses the founding role of usurpation and conquest, erased from memory by the passage of time and the efficacy of present government. ;Finally, we see that the appearance of virtue and vice is the illusory correlate of our sentiments: we project sentiments of approval and disapproval onto others and then mistake them for objective traits. ;Contrary to what some interpreters have asserted, I conclude that, according to Hume, the philosopher is never cured of his profound skepticism. Skepticism recurs as long as the philosopher philosophizes. This is problematic, however, because at its most radical, skepticism is incompatible with moral science. (shrink)

James R. Otteson’s Adam Smith’s Marketplace of Life is a wide-ranging examination of Smith’s moral philosophy which closely analyzes the notions of sentiment, sympathy, general rules, the impartial spectator, and other related topics. Otteson assesses Smith’s account of moral development and considers the extent to which Smith’s moral sentimentalism is both descriptive and prescriptive. He also discusses Smith’s views on the relationship between unintended order and final causes. Finally, Otteson finds contemporary support for some of Smith’s claims about human nature (...) in the work of sociologist James Q. Wilson. Although much in Otteson’s rich book invites comment, I will limit myself, for reasons of space, to outlining and briefly considering two of its main theses: According to Adam Smith, moral standards have emerged, and continue to emerge, from a market-like exchange of sentiments among mutually sympathizing actors; We can reconcile Smith’s claim, in The Theory of Moral Sentiments, that benevolence as an important human motive, with the discussion in The Wealth of Nations, which seemingly reduces all behavior to self-interest. (shrink)

In 2022, students at North American universities with third-dose COVID-19 vaccine mandates risk disenrolment if unvaccinated. To assess the appropriateness of booster mandates in this age group, we combine empirical risk-benefit assessment and ethical analysis. To prevent one COVID-19 hospitalisation over a 6-month period, we estimate that 31 207–42 836 young adults aged 18–29 years must receive a third mRNA vaccine. Booster mandates in young adults are expected to cause a net harm: per COVID-19 hospitalisation prevented, we anticipate at least (...) 18.5 serious adverse events from mRNA vaccines, including 1.5–4.6 booster-associated myopericarditis cases in males (typically requiring hospitalisation). We also anticipate 1430–4626 cases of grade ≥3 reactogenicity interfering with daily activities (although typically not requiring hospitalisation). University booster mandates are unethical because they: (1) are not based on an updated (Omicron era) stratified risk-benefit assessment for this age group; (2) may result in a net harm to healthy young adults; (3) are not proportionate: expected harms are not outweighed by public health benefits given modest and transient effectiveness of vaccines against transmission; (4) violate the reciprocity principle because serious vaccine-related harms are not reliably compensated due to gaps in vaccine injury schemes; and (5) may result in wider social harms. We consider counterarguments including efforts to increase safety on campus but find these are fraught with limitations and little scientific support. Finally, we discuss the policy relevance of our analysis for primary series COVID-19 vaccine mandates. (shrink)

Dieser Sammelband hat zum Ziel, moderne atheistische Richtungen kritisch und wissenschaftlich zu betrachten. Mit diesen modernen atheistischen Richtungen ist vor allem der in Oxford unterrichtende Biologe und Religionskritiker Richard Dawkins verknüpft, bekennender Gegner von Kreationismus, Intelligent Design und Theologie, der schon 1976 mit der Veröffentlichung seines Buches "Der Gotteswahn" in der breiten Öffentlichkeit auf sich aufmerksam machte. Auch in jüngerer Vergangenheit, und zwar im Jahr 2006, war Dawkins mit seinem Buch (Dawkins 2006) an einem erneuten Aufflammen einer vor allem in (...) den USA geführten Diskussion rund um die Vereinbarkeit oder Unvereinbarkeit von theologischen und evolutionstheoretischen Ansätzen beteiligt. Beim Durchblättern dieses Buches wird spätestens beim Entdecken des vierten Kapitels, das den provokanten Titel "Warum es mit ziemlicher Sicherheit keinen Gott gibt" trägt, klar, dass Dawkins damit keine Brücke zwischen Evolutionsbiologie und Schöpfungstheologie schlagen möchte. Auch Dawkins selbst hält dieses Kapitel für das wichtigste seines Buches: "This chapter has contained the central argument of my book" (cf. Dawkins 2006, p. 187). -/- Dies ist Grund genug, uns dieses Kapitel aus Dawkins' Buch näher anzusehen. Schließlich verbindet Dawkins damit hohe Ansprüche: "If the argument of this chapter is accepted, the factual premise of religion - the God Hypothesis - is untenable. God almost certainly does not exist. This is the main conclusion of the book so far" (cf. Dawkins 2006, p.189). Sein Argument, im englischen Original "main argument" (hier: "Hauptargument") genannt, verdient also genauere Betrachtung und soll in diesem Artikel wissenschaftstheoretisch beleuchtet werden. (shrink)

The SOPhiA conferences are intended to give young predoctoral philosophers the possibility to actively attend a professional conference, to tackle current, as well as classical, philosophical problems, and to discuss their own approaches with promising students from many dierent countries as well as with wellestablished experts. We are firmly convinced that this is a natural and necessary step for promoting the next generation of analytic philosophers and thus, strengthening analytic philosophy in general. Because we believe that the methods of analytic (...) philosophy can be fruitfully applied to all areas of philosophy, the SOPhiA conferences do not have a thematic focus; this is also reflected by the fact that the talks given at SOPhiA 2011 covered all areas of philosophy. (shrink)

Background When anti-cancer treatments have been given market authorization, but are not (yet) reimbursed within a healthcare system, physicians are confronted with ethical dilemmas. Arranging access through other channels, e.g., hospital budgets or out-of-pocket payments by patients, may benefit patients, but leads to unequal access. Until now, little is known about the perspectives of physicians on access to non-reimbursed treatments. This interview study maps the experiences and moral views of Dutch oncologists and hematologists.Methods A diverse sample of oncologists and hematologists (...) (n = 22) were interviewed. Interviews were analyzed thematically using Nvivo 12 qualitative data software.Results This study reveals stark differences between physicians’ experiences and moral views on access to anti-cancer treatments that are not (yet) reimbursed: some physicians try to arrange other ways of access and some physicians do not. Some physicians inform patients about anti-cancer treatments that are not yet reimbursed, while others wait for reimbursement. Some physicians have principled moral objections to out-of-pocket payment, while others do not.Conclusion Oncologists and hematologists in the Netherlands differ greatly in their perspectives on access to expensive anti-cancer treatments that are not (yet) reimbursed. As a result, they may act differently when confronted with dilemmas in the consultation room. Physicians working in different healthcare systems may face similar dilemmas. (shrink)

Though many well-known German philosophers have devoted considerable attention to music and its aesthetics, surprisingly few of their writings on the subject have been translated into English. Stefan Lorenz Sorgner, a philosopher, and Oliver Fürbeth, a musicologist, here fill this important gap for musical scholars and students alike with this compelling guide to the musical discourse of ten of the most important German philosophers, from Kant to Adorno. _Music in German Philosophy_ includes contributions from a renowned group of ten (...) scholars, including some of today’s most prominent German thinkers, all of whom are specialists in the writers they treat. Each chapter consists of a short biographical sketch of the philosopher concerned, a summary of his writings on aesthetics, and finally a detailed exploration of his thoughts on music. The book is prefaced by the editors’ original introduction, presenting music philosophy in Germany before and after Kant, as well as a new introduction and foreword to this English-language addition, which places contemplations on music by these German philosophers within a broader intellectual climate. (shrink)

We thank Leo Lam and Taylor Nichols for their response 1 to our paper ‘COVID-19 vaccine boosters for young adults: a risk–benefit assessment and ethical analysis of mandate policies at universities’. 2 In our paper, we demonstrate that the risk–benefit calculus to mandate boosters for young adults aged 18–29 is a net risk intervention. The authors assert that we have made three inappropriate comparisons of benefits versus risks of the mRNA vaccine booster dose in this age group. We provide our (...) response to each below. We erred on the side of overestimating benefits of the booster dose against severe COVID-19 in this age group and still found net harms to outweigh net benefits. The conclusion of our paper holds, and university booster mandates for young people were—and remain—unethical. COVID-19 hospitalisations prevented versus booster serious adverse events (SAEs) For the first comparison, we weighed predicted hospitalisations prevented... (shrink)

The “hypervigilance, escape, struggle, tonic immobility” evolutionarily hardwired acute peritraumatic response sequence is important for clinicians to understand. Our commentary supplements the useful article on human tonic immobility (TI) by Marx, Forsyth, Gallup, Fusé and Lexington (2008). A hallmark sign of TI is peritraumatic tachycardia, which others have documented as a major risk factor for subsequent posttraumatic stress disorder (PTSD). TI is evolutionarily highly conserved (uniform across species) and underscores the need for DSM-V planners to consider the inclusion of evolution (...) theory in the reconceptualization of anxiety and PTSD. We discuss the relevance of evolution theory to the DSM-V reconceptualization of acute dissociativeconversion symptoms and of epidemic sociogenic disorder(epidemic “hysteria”). Both are especially in need of attention in light of the increasing threat of terrorism against civilians. We provide other pertinent examples. Finally, evolution theory is not ideology driven (and makes testable predictions regarding etiology in “both directions”). For instance, it predicted the unexpected finding that some disorders conceptualized in DSM-IV-TR as innate phobias are conditioned responses and thus better conceptualized as mild forms of PTSD. Evolution theory may offer a conceptual framework in DSM-V both for treatment and for research on psychopathology. (shrink)

The DSM-III, DSM-IV, DSM-IV-TR and ICD-10 have judiciously minimized discussion of etiologies to distance clinical psychiatry from Freudian psychoanalysis. With this goal mostly achieved, discussion of etiological factors should be reintroduced into the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition. A research agenda for the DSM-V advocated the "development of a pathophysiologically based classification system". The author critically reviews the neuroevolutionary literature on stress-induced and fear circuitry disorders and related amygdala-driven, species-atypical fear behaviors of clinical severity in adult (...) humans. Over 30 empirically testable/falsifiable predictions are presented. It is noted that in DSM-IV-TR and ICD-10, the classification of stress and fear circuitry disorders is neither mode-of-acquisition-based nor brain-evolution-based. For example, snake phobia and dog phobia are clustered together. Similarly, research on blood-injection-injury-type-specific phobia clusters two fears different in their innateness: 1) an arguably ontogenetic memory-trace-overconsolidation-based fear and 2) a hardwired fear of the sight of one's blood or a sharp object penetrating one's skin. Genetic architecture-charting of fear-circuitry-related traits has been challenging. Various, non-phenotype-based architectures can serve as targets for research. In this article, the author will propose one such alternative genetic architecture. This article was inspired by the following: A) Nesse's "Smoke-Detector Principle", B) the increasing suspicion that the "smooth" rather than "lumpy" distribution of complex psychiatric phenotypes may in some cases be accounted for by oligogenic transmission, and C) insights from the initial sequence of the chimpanzee genome and comparison with the human genome by the Chimpanzee Sequencing and Analysis Consortium published in late 2005. Neuroevolutionary insights relevant to fear circuitry symptoms that primarily emerge overconsolidationally are presented. Also introduced is a human-evolution-based principle for clustering innate fear traits. The "Neuroevolutionary Time-depth Principle" of innate fears proposed in this article may be useful in the development of a neuroevolution-based taxonomic re-clustering of stress-triggered and fear-circuitry disorders in DSM-V. Four broad clusters of evolved fear circuits are proposed based on their time-depths: 1) Mesozoic circuits hardwired by wild-type alleles driven to fixation by Mesozoic selective sweeps; 2) Cenozoic circuits relevant to many specific phobias; 3) mid Paleolithic and upper Paleolithic circuits ; 4) Neolithic circuits. More importantly, the author presents evolutionary perspectives on warzone-related PTSD, Combat-Stress Reaction, Combat-related Stress, Operational-Stress, and other deployment-stress-induced symptoms. The Neuroevolutionary Time-depth Principle presented in this article may help explain the dissimilar stress-resilience levels following different types of acute threat to survival of oneself or one's progency. PTSD rates following exposure to lethal inter-group violence are usually 5-10 times higher than rates following large-scale natural disasters such as forest fires, floods, hurricanes, volcanic eruptions, and earthquakes. The author predicts that both intentionally-caused large-scale bioevent-disasters, as well as natural bioevents such as SARS and avian flu pandemics will be an exception and are likely to be followed by PTSD rates approaching those that follow warzone exposure. During bioevents, Amygdala-driven and locus-coeruleus-driven epidemic pseudosomatic symptoms may be an order of magnitude more common than infection-caused cytokine-driven symptoms. Implications for the red cross and FEMA are discussed. It is also argued that hospital phobia as well as dog phobia, bird phobia and bat phobia require re-taxonomization in DSM-V in a new "overconsolidational disorders" category anchored around PTSD. The overconsolidational spectrum category may be conceptualized as straddling the fear circuitry spectrum disorders and the affective spectrum disorders categories, and may be a category for which Pitman's secondary prevention propranolol regimen may be specifically indicated as a "morning after pill" intervention. Predictions are presented regarding obsessive-compulsive disorder and "culture-bound" acute anxiety symptoms. Also discussed are insights relevant to pseudoneurological symptoms and to the forthcoming Dissociative-Conversive disorders category in DSM-V, including what the author terms fright-triggered acute pseudo-localized symptoms. Speculations based on studies of the human abnormal-spindle-like, microcephaly-associated gene, the microcephaly primary autosomal recessive gene, and the forkhead box p2 gene are made and incorporated into what is termed "The pre-FOXP2 Hypothesis of Blood-Injection-Injury Phobia." Finally, the author argues for a non-reductionistic fusion of "distal neurobiology" with clinical "proximal neurobiology," utilizing neurological heuristics. It is noted that the value of re-clustering fear traits based on behavioral ethology, human-phylogenomics-derived endophenotypes and on ontogenomics can be confirmed or disconfirmed using epidemiological or twin studies and psychiatric genomics. (shrink)

Despite the reported limited success of conventional treatments and growing evidence of the effectiveness of adult bariatric surgery, weight loss operations for (morbidly) obese children and adolescents are still considered to be controversial by health care professionals and lay people alike. This paper describes an explorative, qualitative study involving obesity specialists, morbidly obese adolescents, and parents and identifies attitudes and normative beliefs regarding pediatric bariatric surgery. Views on the etiology of obesity—whether it should be considered primarily a medical condition or (...) more a psychosocial problem—seem to affect the specialists’ normative opinions concerning the acceptability of bariatric procedures as a treatment option, the parents’ feelings regarding both being able to influence their child’s health and their child being able to control their own condition, and the adolescents’ sense of competence and motivation for treatment. Moreover, parents and adolescents who saw obesity as something that they could influence themselves were more in favor of non-surgical treatment and vice versa. Conflicting attitudes and normative views—e.g., with regard to concepts of disease, personal influence on health, motivation, and the possibility of a careful informed consent procedure—play an important role in the acceptability of bariatric surgery for childhood obesity. (shrink)

The means by which social environmental exposures influence risk of mental disorders is a persistent and still open question. A key candidate mechanism for the biologic mediation of environmental effects involves epigenetic factors, which regulate gene function without altering underlying DNA sequence. Recent work has shown that environmental exposures such as childhood abuse, family history of mental disorder, and low socioeconomic status (SES) associate with differential DNA methylation (5mC) – a relatively stable, but modifiable, epigenetic factor. However, the longitudinal relation (...) among SES, 5mC, brain function, and risk of depression remains to be elucidated. Here, we briefly review literature relevant to these associations and discuss recent findings that, for the first time, prospectively demonstrate sequential links between low SES, changes in 5mC, changes in brain function, and risk of depression in a cohort of adolescents. (shrink)

Regular musical activity as a complex multimodal lifestyle activity is proposed to be protective against age-related cognitive decline and Alzheimer’s disease. This cross-sectional study investigated the association and interplay between musical instrument playing during life, multi-domain cognitive abilities and brain morphology in older adults from the DZNE-Longitudinal Cognitive Impairment and Dementia Study study. Participants reporting having played a musical instrument across three life periods were compared to controls without a history of musical instrument playing, well-matched for reserve proxies of education, (...) intelligence, socioeconomic status and physical activity. Participants with musical activity outperformed controls in global cognition, working memory, executive functions, language, and visuospatial abilities, with no effects seen for learning and memory. The musically active group had greater gray matter volume in the somatosensory area, but did not differ from controls in higher-order frontal, temporal, or hippocampal volumes. However, the association between gray matter volume in distributed frontal-to-temporal regions and cognitive abilities was enhanced in participants with musical activity compared to controls. We show that playing a musical instrument during life relates to better late-life cognitive abilities and greater brain capacities in OA. Musical activity may serve as a multimodal enrichment strategy that could help preserve cognitive and brain health in late life. Longitudinal and interventional studies are needed to support this notion. (shrink)

This contribution studies the Egyptian phonetic change between “Ꜣ” and “ḥ,” a question so far dealt with only marginally. Therefore, the phonetic change is considered here for the first time from a broader perspective. An important role has likely been played by the fact that both sounds belong to the laryngals. This phonetic change is also known from other Hamito–Semitic languages—particularly Akkadian and Punic. Furthermore, the phenomenon continued in Coptic. The investigation adduces two different types of material. First, the phonetic (...) change is documented in eleven examples of writings of single words. In this way, a solid foundation is laid for the following procedure. Second, seventeen examples of plays on words are examined which confirm the influence of the phonetic change. These examples demonstrate that the phonetic change occurred in both directions. (shrink)

Über Kunst zu reden scheint so selbstverständlich zu sein, dass niemand systematisch der grundsätzlichen Frage nachzugehen scheint, worüber wir eigentlich reden, wenn wir über Kunst reden - weder im alltäglichen Kontext noch in dem der Kunstwelt. Mithilfe des Sprachwandelkonzepts des Linguisten Rudi Keller, der die Theorie der unsichtbaren Hand von Adam Smith aufgreift, sowie des handlungstheoretischen Modells des britischen Sprachphilosophen H. Paul Grice soll durch eine systematische Begriffsdifferenzierung versucht werden, Licht ins Dunkel des inflationären und chaotischen Gebrauchs des Wortes Kunst (...) und des daraus resultierenden Begriffs 'Kunst' zu bringen. Im Anschluss an Hans-Georg Gadamers rezeptionsästhetische Überlegungen wird eine strukturelle Differenzierung dessen vorgeschlagen, was gemeinhin Kunst resp. Kunstwerk genannt wird. Dabei werden zahlreiche für den aktuellen Stand der Kunstphilosophie relevante Positionen (von Wittgenstein, Derrida, Heidegger über Schmücker, Lüdeking bis hin zu Ziff, Weitz, Kennick, Gaut und Danto) einer kritischen Analyse unterzogen, um schliesslich heuristisch der Frage nachzugehen, ob es in der unmittelbaren Rezeption der Kunst um Aspekte des Verstehens geht oder nicht vielmehr um das, was Susan Sontag die 'Erotik der Kunst' nennt."--Page 4 of cover. (shrink)

Posthumanismus hat sich als neues Theorie-Paradigma etabliert. Wie alle gesellschaftlichen Diskurse, ist auch dieser eine Summe aus Machtkämpfen, Subjektpositionen, Identitäten und deshalb voller Konflikte. In diesem Diskurs, der vor allem zeitgenössische und somit technokulturelle Motive beinhaltet, aber natürlich auch eine lange Vorgeschichte hat, gibt es keine Einigung darüber, was das Posthumane eigentlich ist, d. h. ob es sich bei ihm um das Beste oder das Schlechteste handelt, das dem Menschen, seiner Humanität, der Menschheit und der humanistischen Tradition widerfahren könnte; noch (...) besteht Übereinstimmung darüber, ob Posthumanismus unvermeidlich, bereits Realität oder nur ein Trugbild ist; oder ob er politisch, kulturell, sozial progressiv oder im Gegenteil vielleicht sogar regressiv ist; ob er allein durch technologischen Wandel oder hauptsächlich konstruiert und somit ideologisch motiviert ist. Die Debatte zwischen Stefan Herbrechter und Karin Harrasser geht den Gründen für die Karriere posthumanistischer Motive und den damit zusammenhängenden Befürchtungen und Hoffnungen nach. Posthumanism has established itself as a new paradigm of theory. Like all social discourses, it is a sum of power struggles, subject positions, identities – and thus full of conflict. In this discourse, which includes mainly contemporary and hence techno cultural motifs, but which of course also has a long history, there is no agreement about what the posthuman actually is, that is if it is the best or the worst that could happen to man, to his humanity, to mankind and the humanistic tradition in general. Neither is there agreement as to whether posthumanism is inevitable, already a reality or just a mirage; or whether it is politically, culturally, socially progressive or to the contrary perhaps even regressive; whether it is solely produced by technological change or mainly constructed and thus ideologically motivated. The debate between Stefan Herbrechter and Karin Harrasser explores the reasons for the career of posthumanistic motives as well as related fears and hopes. (shrink)

It is one of the crucial insights of pragmatism that our judging is itself a discursive practice. Our judgments are normatively determined performances for which we are responsible. Therefore, judgments are a species of action. For in both actions and judgments, we subject ourselves and others to justifiable norms. Since these insights can already be found in Hegel, Hegel is now often interpreted as a champion of pragmatism. Hegel’s logic is thereby mainly understood as the continuation of the Kantian project (...) of transcendental philosophy. Based upon this pragmatist interpretation of Hegel, the paper reads F. H. Jacobi’s philosophy as an alternative pragmatism which is explicitly founded on our life praxis rather than our practice of judgment. (shrink)

This book is an attempt to provide a philosophical answer to the simple question, "What is the law?" as well as address the various debates this question has spawned. Along the way, it develops a unique position within analytic jurisprudence by carefully distinguishing between a theory of the nature of a legal system and a theory of the nature of legal content. Finally, it applies the framework established in the first part of the book to two substantive areas within legal (...) theory: legal reasoning and international legal systems. The result is a unique introduction to the philosophy of law, one that presents and tests a theory of analytic jurisprudence, while it introduces students and others to this sub-field of philosophy. It explains and clarifies for students the views of the most significant scholars in the philosophy of law—those of H.L.A. Hart, Hans Kelsen, Joseph Raz, Ronald Dworkin, and John Finnis—and offers a critique of each. This approach should appeal to all types of philosophers--students and scholars alike--who are wary of wading into the field of legal theory as well as philosophers of law who wouldn’t find useful or interesting a mere survey of the field. (shrink)

In this paper, I outline and defend an alternative to Hartian legal theory that accepts the Hartian theory of a legal system yet rejects the Hartian theory of legal content in favor of a non-positivist alternative. I call this the- ory the justificatory view. A key argument advanced here in support of the justificatory view relies on the problem of theoretical disagreement that Ronald Dworkin poses for Hartian positivism. Moreover, I argue that a vir- tue of the justificatory view is (...) that its hybrid nature shields it from the forceful criticism that Brian Leiter marshals against Dworkin’s legal theory. As Leiter observes, though Dworkin’s legal theory may do better than posi- tivism with respect to explaining the marginal phenomenon of theoretical disagreement among legal officials, Dworkinian legal theory suffers the much greater failing of being unable to explain the background of massive decisional agreement characteristic of legal systems. I argue that because the justificatory view accepts and rests upon the Hartian theory of a legal system, it is no less able than Hartian legal theory to explain this back- ground of massive decisional agreement.Resumen:En este artículo esbozo y defiendo una alternativa a la teoría jurídica hartiana, que si bien acepta la teoría hartiana del sistema jurídico, re- chaza sin embargo la teoría hartiana del contenido jurídico y aboga por una alternativa no-positivista. Llamo a esta teoría la postura de justificación. Un argumento clave para defender la postura de justificación se erige sobre el problema del desacuerdo teórico que Ronald Dworkin formuló al positivismo hartiano. Además, sostengo que una de las virtudes de esta postura de justificación es que su naturaleza híbrida la protege de las enérgicas críticas que plantea Brian Leiter contra la teoría jurídica de Dworkin. Como observa Leiter, aunque la teoría jurídica de Dworkin sea más consistente que la teoría positivista para explicar el fenómeno marginal de los desacuerdos teóricos entre los oficiales del derecho, la teoría dworkiniana padece mucho más el problema de no poder explicar el contexto de acuerdos masivos en las decisiones que caracterizan a un sistema jurídico. Y esto lo sostengo porque la postura de justificación acepta y se basa en la teoría hartiana del sistema jurídico; por ello es igual de capaz que la teoría jurídica de Hart de explicar este contexto de decisiones que gozan de un acuerdo masivo. (shrink)

_H. C. for Life, That Is to Say..._ is Derrida's literary critical recollection of his lifelong friendship with Hélène Cixous. The main figure that informs Derrida's reading here is that of "taking sides." While Hélène Cixous in her life and work takes the side of life, "for life," Derrida admits always feeling drawn to the side of death. Rather than being an obvious choice, taking the side of life is an act of faith, by wagering one's life on life. _H. (...) C. for Life_ sets up and explores this interminable "argument" between Derrida and Cixous as to what death has in store deep within life itself, before the end. In addition to being a memoir, it is also a theoretical confrontation—for example about the meaning of "might" and "omnipotence," and a philosophical and philological analysis of the crypts within the vast oeuvre of Hélène Cixous. Finally, the book is Derrida's tribute to the thought of the woman whom he regards as one of the great French poets, writers, and thinkers of our time. (shrink)

Inhalt: Vorwort von H.-M. Pawlowski / S. Smid / R. Specht - H.-M. Pawlowski: Probleme der Rechtsbegrundung im Staat der Glaubensfreiheit - V. Gerhardt: Selbstandigkeit und Selbstbestimmung. Freiheit bei Kant und Schelling - H. Folkers: Die durch Freiheit gebaute Stadt Gottes - W. E. Ehrhardt: Mythologie und Offenbarung der Freiheit - W. Bartuschat: Uber Spinozismus und menschliche Freiheit beim fruhen Schelling - C. Cesa: Schellings Kritik des Naturrechts - H. J. Sandkuhler: F. W. J. Schelling - Philosophie als Seinsgeschichte und (...) Anti-Politik - D. Losurdo: Von Louis Philippe bis Louis Bonaparte - R. Pettoello: Die Dialektik der menschlichen Freiheit als Emanzipation und als Abfall von Gott - H. Klenner: Schelling und die Rechtsphilosophie - S. Smid: Freiheit als Keim des Rechts - W. Schmied-Kowarzik: Freiheit - Recht - Geschichte - J. Simon: Die Wirklichkeit der Freiheit (Kant, Schelling, Hegel) - W. Schild: Die verstandlichen Schwierigkeiten des Rechtsdenkens mit dem Freiheitsbegriff - Personenregister. (shrink)

Providing high-quality education for students with emergent proficiency in the language of instruction (referred to here as multilingual students) presents a challenge to inclusion for educational systems the world over. In Austria, a new German language support model was implemented in the school year 2018/19 which provides language support in separate classrooms up to 20 h a week. Since its implementation, the model has been strongly criticized for excluding multilingual students from the mainstream classroom, which is argued to reinforce the (...) educational disadvantages that they face. The study presented here provides unprecedented qualitative insight into how schooling for students within the so-called German language support classes (GLSC) was organized during the COVID-19 pandemic. It builds on results of a previous large-scale quantitative study (n= 3,400 teachers), which was conducted during the first lockdown (spring 2020) and indicated a high risk of exclusion for marginalized students, especially for multilingual students in GLSC. To gain deeper insights into the situation of these students during school closures, 37 teachers who work in these classes at both primary and lower-secondary schools in Vienna were interviewed, of which 18 interviews were considered for analysis. The interviews focus on the situation during the first and second school closures in the city of Vienna. A thematic analysis of the interview data reveals teachers’ perceptions of aspects which harmed or promoted inclusion for students in GLSC during these periods of school closure. Teachers’ perceptions of the most harming factors for students included strong language barriers between teachers and students, restricted access to technical equipment and supportive learning spaces, and low parental engagement. A development that promoted inclusion of these students was the option to allow them to come to school during the second school closure. Since existing studies on the schooling of students during school closures have hardly addressed the situation of students in GLSC, this study contributes to closing this research gap. (shrink)