Unter dem Titel "Lebenswelt und Wissenschaft" hat der XXI.

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Throughout this book, Gooch tells and retells the stories of Socrates and Jesus as he examines perennial human issues: why would anyone willingly die? To what do these two martyrlike deaths bear witness? What are the limits of words in explanation and defense? Why was Jesus silent during his trial? Why did Socrates' most powerful apologia fail? What words, if any, work in prayer? Do words work against the fear of death? Out of this philosophical and religious questioning, Reflections on (...) Jesus and Socrates throws new light on these two compelling figures and on the continuing meanings of their stories for us today. (shrink)

The article analyses the components of the presumption of innocence and tries to clarify some of the conceptual and logical difficulties surrounding the notion of ‘innocence’ and the structure of legal presumptions. It is argued that all conceivable literal interpretations of the maxim make little or no sense, and that the presumptions form is, as such, devoid of original content: presumptions do not explain nor justify anything but are auxiliary norms which refer to the legal consequences spelled out in other (...) norms. Therefore, the presumption of innocence can be used to express any kind of requirement and standard for the criminal process and the treatment of suspect citizens only in a tautological, albeit rhetorically forceful, way. This instrumental use of the presumption of innocence is theoretically without merit but can be practically beneficial as long as there is no developed system of fundamental rights and protections of individual freedoms in a given legal order. Finally, a functional understanding of the presumption of innocence is proposed which gives it an original, though limited field of application as a guarantee of the procedure itself, in particular of the openness of the outcome. (shrink)

Transcendental conceptions of subjectivity, beginning with Descartes and including Kant, Fichte, and Husserl as well as neo-transcendental accounts of the 20th century, try to explicate a subject’s subjectivity as a necessary condition for all theoretical and practical validity claims. According to this conception, only this subject-theoretical presupposition allows for an adequate foundation of terms of authorship of action and self-determination. However, the conceptual self-explication of this position faces some inherent difficulties, which has repeatedly been pointed out even by representatives of (...) this school of thought themselves. Moreover, it seems as if the constitutional achievements of transcendental philosophy are increasingly being detached from philosophy: due to the development of the modern sciences of man, they are step by step conceived as objects of empirical research. This paper looks critically into this thesis of detachment. (shrink)