This paper tries to explain against the backdrop of the history of German criminal theory why and in which way the fault elements are seen differently in Germany and in Anglo-American countries. It shows how Feuerbach’s psychological model of guilt convinced Feuerbach’s German contemporaries in the 19th century that the suppression of the actual will to violate a criminal prohibition must be the reason for punishment. For such deterrence theory, direct intention is the central criterion of imputation. There is no (...) room for extensions like indirect intention. The resulting gap was filled by representatives of the will theory who created dolus eventualis as a criterion of imputation. The paper then concentrates on the gradual change which dolus eventualis has undergone due to the development of a ‘normative’ concept of guilt, i.e. a perception of guilt as a failure to live up to certain expected standards. It is outlined how the normative concept of guilt has facilitated Welzel’s decision to transplant dolus from the guilt level to the level of definitional elements. Transferring dolus to the definitional level led to a further change from a primarily voluntative to a cognitive content of the notion. It became appropriate to view dolus eventualis as acceptance of the prohibited state of affairs. For reasons of clarification the terms dolus eventualis and recklessness are compared in an annex to the paper. (shrink)

Open peer commentary on the article “Constructing Constructivism” by Hugh Gash. Upshot: The concept of “constructivist teaching” seems unattainable for two reasons: a philosophical and an empirical one. Also, Hugh Gash’s survey is not so much about radical constructivism in education, but a review of different connected ideas labeled “constructivism” that have dominated the educational field.

In this paper we aim to show that phenomenal consciousness is realized by a particular level of brain operational organization and that understanding human consciousness requires a description of the laws of the immediately underlying neural collective phenomena, the nested hierarchy of electromagnetic fields of brain activity – operational architectonics. We argue that the subjective mental reality and the objective neurobiological reality, although seemingly worlds apart, are intimately connected along a unified metastable continuum and are both guided by the universal (...) laws of the physical world such as criticality, self-organization and emergence. (shrink)

В настоящей книге представлен анализ внутренней логики и социокультурного контекста существования Московского методологического кружка - одной из самых влиятельных мыслительно-практических контркультурных традиций советской эпохи.

In this paper we examine the functional anatomy of volition, as revealed by modern brain imaging techniques, in conjunction with neuropsychological data derived from human and non-human primates using other methodologies. A number of brain regions contribute to the performance of consciously chosen, or ‘willed', actions. Of particular importance is dorsolateral prefrontal cortex , together with those brain regions with which it is connected, via cortico-subcortical and cortico-cortical circuits. That aspect of free will which is concerned with the voluntary selection (...) of one action rather than another critically depends upon the normal functioning of DLPFC and associated brain regions. Disease, or dysfunction, of these circuits may be associated with a variety of disorders of volition: Parkinson's disease, ‘utilization’ behaviour, ‘alien’ and ‘phantom’ limbs, and delusions of ‘alien control’ . Brain imaging has allowed us to gain some access to the pathophysiology of these conditions in living patients. At a philosophical level, the distinction between ‘intentions to act', and ‘intentions in action’ may prove particularly helpful when addressing these complex disturbances of human cognition and conscious experience. The exercise and experience of free will depends upon neural mechanisms located in prefrontal cortex and associated brain systems. (shrink)

The issue of democracy is alive once more. There is a growing number of works debating the current state of democracy both in theory and practice.1 In particular a pragmatist conception of democracy has also been revived. Not only has a Deweyan version of a participatory democracy become the focus but the intricacies of a Rortian version have also come to the forefront, from both sympathetic as well as critical viewpoints.2 Thus the impression that the contemporary world is in quite (...) an exigent need of reconsidering—and perhaps even forming a novel conception of—democracy seems to be obvious, at least from a global point of view.3 Moreover, the fact that the idea or ideal of democracy still seems to be .. (shrink)

This article focuses on the legal and organisational regulation of human cells in the United Kingdom and France. French Bioethics Law regulates human cells for health according to European Union law where it is enforceable. But products unregulated by EU law and based on human cells are never considered as medicinal products, given the strict implementation of the principle of “nonpatrimonialité” of the human body and its elements. By comparison, in the UK such products can be qualified as medicinal products. (...) Moreover, the setting up of the UK stem cell bank gives rise to the development of policies which expand the stem cell as a legal object. The paper discusses how these societies’ ethical and legal commitments underlie organisational practices in order to analyse the relationship between the existence (or not) of a national stem cell bank and the broader regulation of human cells. (shrink)

Panentheism has become a familiar term in contemporary Christian systematic theology and philosophy, for it is widely believed to be an appropriate way to overcome the alleged dualism found in the classical God-world relationship. But what is meant by the term panentheism, and how does it work so as to avoid becoming still another form of pantheism or cosmic monism? In 2004 Philip Clayton and the late Arthur Peacocke published a set of papers on the topic of panentheism that came (...) from a conference in England on that topic in 2001.1 Yet, while there were certain broad affinities in approach and content among many of the papers, none of them used precisely the same conceptual model for analysis of the concept. As.. (shrink)

Lectures based on the commentaries on Brahmasūtra of Bādarāyaṇa.