This article asks how state formation processes informed the normative frameworks of late-Medieval and early-Modern Latin European and Muslim Middle Eastern regimes. The question at hand is not why pre-Modern regimes discriminated against religious minorities (as well as other groups) during the pre-Modern period, but why Western European states consistently engaged in mass expulsions of their non-Christian subjects from the late thirteenth century onward and the neighboring states of the Middle East did not. Rather than addressing these peculiar policies (...) as a function of religion, culture, or law the article adopts a comparative, contextual method. With the aid of Charles Tilly’s theoretical perspectives it isolates critical variables in pre-Modern Middle Eastern state formation. These variables are then used to shed light on the circumstances and relationships that led to Latin Europe’s mass expulsions of Jews and Muslims between 1290 and 1614. (shrink)

Suppose you perform two actions. The first imposes a risk of harm that, on its own, would be excessive; but the second reduces the risk of harm by a corresponding amount. By pairing the two actions together to form a set of actions that is risk-neutral, can you thereby make your overall course of conduct permissible? This question is theoretically interesting, because the answer is apparently: sometimes Yes, sometimes No. It is also practically important, because it bears on the moral (...) status of practices such as offsetting personal greenhouse gas (GHG) emissions. In this article we propose a criterion for distinguishing between cases where pairing risk-increasing and risk-reducing actions makes each action permissible, and those where it does not: the Principle of Aggregate Risk-Imposition. We work towards this by considering a range of examples that illustrate various illegitimate ways of pairing risk-increasing actions with risk-reducing ones, and asking what goes wrong in each case. We then use this criterion to evaluate GHG offsetting. Is offsetting a legitimate way of removing the risk-imposition associated with GHG emissions, or not? Controversially, we argue that this turns out to depend on the form that the offsetting takes. (shrink)

In the climate ethics debate, scholars largely agree that individuals should promote institutions that ensure the reduction of greenhouse gas emissions. This paper aims to establish that there are individual duties beyond compliance with and promotion of institutions. Duties of individuals to reduce their emissions are often objected to by arguing that an individual’s emissions do not make a morally relevant difference. We challenge this argument from inconsequentialism in two ways. We first show why the argument also seems to undermine (...) the case for duties to promote institutions that the arguments’ proponents endorse. Second, we argue that individuals ought to cut emissions if they exceed their fair share of emissions entitlements and, by emitting, contribute to climate-related harm. In response to inconsequentialism, we specify the notion of ‘contribution’ via the so-called NESS theory, according to which an act is causally relevant for and contributes to an outcome if it is a Necessary Element of a Set of conditions that is Sufficient for the outcome. After refuting two objections to our approach, we conclude by discussing how to deal with possible conflicts between duties to promote institutions and to reduce one’s emissions. (shrink)

The standard of proof in criminal trials should require that the evidence presented by the prosecution is robust. This requirement of robustness says that it must be unlikely that additional information would change the probability that the defendant is guilty. Robustness is difficult for a judge to estimate, as it requires the judge to assess the possible effect of information that the he or she does not have. This article is concerned with expert witnesses and proposes a method for reviewing (...) the robustness of expert testimony. According to the proposed method, the robustness of expert testimony is estimated with regard to competence, motivation, external strength, internal strength and relevance. The danger of trusting non-robust expert testimony is illustrated with an analysis of the Thomas Quick Case, a Swedish legal scandal where a patient at a mental institution was wrongfully convicted for eight murders. (shrink)

This article explores what ‘plausible’ means in statements about legal evidence and shows that it is highly ambiguous. Twelve different meanings of ‘plausibility’ are identified and distinguished from each other by definitions. Contrary to what has been claimed by some evidence scholars (Allen and Pardo, 2019), the article shows that all uses of ‘plausibility’ can be captured in terms of probability. The author also shows that the exposed ambiguity is deeply problematic for legal practice and legal scholarship. The fundamental principle (...) of justice that ‘like cases should be treated alike’ is endangered when the standard of proof is expressed in an ambiguous way, and the scientific testability of hypotheses about legal fact-finding is undermined when these hypotheses are formulated in ambiguous terms. (shrink)

English summary: While he was a student in Tubingen, the young Schelling wrote his own commentaries on the biblical scriptures and developed a historical hermeneutics which drew on contemporary concepts and took these concepts further. In this volume, the contributors provide the first study of these new sources in the context of the complex hermeneutical and exegetical debates in late Enlightenment theology. In doing so, they use an interdisciplinary approach to show the connections between theological problems at the end of (...) the 18th century and the development of German idealism, connections on which previously little research had been done. German description: Der junge Schelling hat wahrend seiner Tubinger Studienzeit eigene Kommentare zu biblischen Schriften verfasst und eine historische Hermeneutik ausgearbeitet, welche an die zeitgenossischen Konzeptionen anknupft und diese weiterfuhrt. Die Beitrage in diesem Band thematisieren erstmals diese neuen Quellen im Kontext der komplexen hermeneutischen und exegetischen Debattenlagen der spaten Aufklarungstheologie. Dadurch werden die bislang nur wenig erforschten Zusammenhange von theologischen Fragestellungen am Ende des 18. Jahrhunderts und der Herausbildung des Deutschen Idealismus auf eine interdisziplinare Weise erschlossen. (shrink)

The modern idea of the rule of law is based on the assertion that with the establishment of law as a central instrument of control, the incidence of violence within society could be reduced. This understanding of law is radically questioned by Walter Benjamin in his essay "Critique of Violence" and by certain poststructural authors; for them law itself is entangled in a violent momentum.This study reconstructs the discourse between Walter Benjamin, Jaques Derrida, Giorgio Agamben, and Christoph Menke on the (...) violence of law and reflects on it from a legal perspective. In doing so, it addresses both – the philosophy of law as well as jurisprudence interested in basic principles of law. (shrink)

Aryeh Kosman’s The Activity of Being is the fruit of a lifetime of work on some of the most difficult and challenging texts of ancient philosophy.

With his book, the author presents a nuanced and critical-constructive study of the "New Natural Law Theory", which has received little attention in German-speaking philosophy. However, it is certainly worthy of discussion, because it is not only systematically very demanding and interesting, but also controversial and polarizing, especially with regard to its restrictive sexual ethics.The aim of this book is to defend the "New Natural Law Theory" in its core. At the same time - based on its own natural law (...) premises – it shall argue for a less restrictive, but much more liberal sexual ethics. (shrink)

Individuality and collectivity are central concepts in sociological inquiry. Incorporating cultural history, social theory, urban and economic sociology, Borch proposes an innovative rethinking of these key terms and their interconnections via the concept of the social avalanche. Drawing on classical sociology, he argues that while individuality embodies a tension between the collective and individual autonomy, certain situations, such as crowds and other moments of group behaviour, can subsume the individual entirely within the collective. These events, or social avalanches, produce an (...) experience of being swept away suddenly and losing one's sense of self. Cities are often on the verge of social avalanches, their urban inhabitants torn between de-individualising external pressure and autonomous self-presentation. Similarly, Borch argues that present-day financial markets, dominated by computerised trading, abound with social avalanches and the tensional interplay of mimesis and autonomous decision-making. Borch argues that it is no longer humans but fully automated algorithms that avalanche in these markets. (shrink)

In A History of Philosophy in the Twentieth Century , Christian Delacampagne reviews the discipline's divergent and dramatic course and shows that its greatest figures, even the most unworldly among them, were deeply affected by events of their time. From Ludwig Wittgenstein, whose famous Tractatus was actually composed in the trenches during World War I, to Edmund Husserl and Martin Heidegger -- one who found himself barred from public life with Hitler's coming to power, the other a member of (...) the Nazi party who later refused to repudiate German war crimes. From Bertrand Russell, whose lifelong pacifism led him to turn from logic and mathematics to social and moral questions, and Jean-Paul Sartre, who made philosophy an occasion for direct and personal political engagement, to Rudolf Carnap, a committed socialist, and Karl Popper, a resolute opponent of Communism. From the Vienna Circle and the Frankfurt School to the contemporary work of philosophers as variously minded as Jacques Derrida, Jürgen Habermas, and Hilary Putnam. The thinking of these philosophers, and scores of others, cannot be understood without being placed in the context of the times in which they lived. (shrink)

The aim of this paper is to focus on the specificities of the creative processes in taste industries: industries that have connected the artistic and industrial dimensions to supply goods and services—demand for which derives not from the logic of needs and necessity, but from the logic of pleasures, tastes, ethic preferences and hedonism. These taste industries belong to the creative industries but, unlike scientific and technological production, they work not on the basis of cumulative knowledge but through the creation (...) of ideas, drawings, recipes, goods and services which pass through time, and which constitute heritages. Thus, creativity works on the basis of heritages: that is, past and accumulated creativity. The paper considers how the different types of heritage contribute to creative process. It concludes on the double-edged effect of heritages, which while bestowing competitive advantages and favouring the development of creativity, do orient development along a given path, promoting a certain kind of creativity that may lead to lock-in effects, and build obstacles in the way of development. (shrink)

This paper provides an introductory review of the theory of judgment aggregation. It introduces the paradoxes of majority voting that originally motivated the field, explains several key results on the impossibility of propositionwise judgment aggregation, presents a pedagogical proof of one of those results, discusses escape routes from the impossibility and relates judgment aggregation to some other salient aggregation problems, such as preference aggregation, abstract aggregation and probability aggregation. The present illustrative rather than exhaustive review is intended to give readers (...) new to the field of judgment aggregation a sense of this rapidly growing research area. (shrink)

The human relationship to trees is arguably as complex as human experience itself. We cohabitate intimately with them as they regulate the systems that sustain us. We use them instrumentally to tra...

The turn of the century saw a significant increase in the amount of attention being paid by philosophers to empirical issues about moral character. Dating back at least to Plato and Aristotle in the West, and Confucius in the East, philosophers have traditionally drawn on empirical data to some extent in their theorizing about character. One of the main differences in recent years has been the source of this empirical data, namely the work of social and personality psychologists on morally (...) relevant thought and action. -/- This entry briefly examines four recent empirical approaches to moral character. It will draw on the psychology literature where appropriate, but the main focus will be on the significance of that work for philosophers interested in better understanding moral character. The four areas are situationism, the CAPS model, the Big Five model, and the VIA. The remainder of this entry devotes a section to each of them. (shrink)

Expertise is often ascribed to persons who are considered exceptionally competent in a particular subject matter. In contrast to this traditional approach, the present paper introduces a contextual understanding of expertise ascriptions. More precisely, this paper introduces two different kinds of contextuality by advancing and advocating the thesis that expertise ascriptions are true if and only if their content within their context of use is true against standards in the context of assessment. This means that expertise ascriptions have indexical content (...) and are also assessment-sensitive. On this basis, a definition of expertise will be developed which outlines a series of conditions for what it takes to be an expert. (shrink)

English summary: Was Paul of Tarsus a philosopher? Does he even rank amongst those philosophers who influenced occidental live and thought? The Italian philosopher Giorgio Agamben says, that the Epistle to the Romans is the fundamental messianic text of the western culture. The Jewish scholars Jacob Taubes and Daniel Boyarin insist on the philosophical and political Force of Pauline thinking. Long before that, Friedrich Nietzsche and Martin Heidegger dealt intently with the Epistle. Was Paul a Philosopher? In any case he (...) received a lot of attention from the modern philosophers. The collection of contributions by theologians and philosophers gives profound insights into his thinking. German description: War Paulus aus Tarsus ein Philosoph? Zahlt er gar zu jenen bedeutenden Philosophen, die das abendlandische Leben und Denken massgeblich mit pragten? Der italienische Philosoph Giorgio Agamben bezeichnet jedenfalls den Romerbrief des Apostels als "grundlegenden messianischen Text der westlichen Kultur". Nachdrucklich weisen auch judische Gelehrte wie Jacob Taubes und Daniel Boyarin auf die philosophisch-politische Sprengkraft paulinischen Denkens hin. Lange zuvor setzten sich bereits Friedrich Nietzsche und Martin Heidegger intensiv mit den Briefen des Apostels auseinander. War Paulus ein Philosoph? In jedem Fall geniesst er unter den Philosophen der Moderne und Spatmoderne eine bemerkenswert grosse Aufmerksamkeit. Die hier versammelten Beitrage von Philosophen und Theologen geben einen profunden Einblick in sein denkerisches Potential. (shrink)

I. Allgemeine werttheorie, psychologie des begehrens.--II. Grundzüge einer ethik.

The irreducibility of language : the history of rhetoric in the age of typewriters -- The failures of empiricism : language, science, and the philosophical tradition -- What is a trope? : the discourse of metaphor and the language of the body -- The nervous systems of modern consciousness : metaphor, physiology, and mind -- Interpretation and life : outlines of an anthropology of knowledge.

We illustrate an explicit counterexample to Bell's theorem by constructing a pair of dichotomic variables that exactly reproduce the EPR-Bohm correlations in a manifestly local-realistic manner.

In a postmodern culturism, everything is relative, in this way, nothing can be affirmed as absolute truth. Taking into account that culturism is the belief that some cultures are superior than others, this essay proposes the idea that a postmodern culturism is the belief, superior to others, that all cultures are to be revered. Within a postmodern culturism, the essay proposes the analysis of three common arguments through a specific epistemological perspective, rationalism: empirical data and the primacy of reason. The (...) analyzed arguments are: first, all cultures ought to be equally revered; second, western logic is different to the ancestral logic; third, all ancestral cultures have wisdom. The article concludes that these arguments do not withstand the rational analysis. (shrink)

This volume brings together a range of influential essays by distinguished philosophers and political theorists on the issue of global justice. Global justice concerns the search for ethical norms that should govern interactions between people, states, corporations and other agents acting in the global arena, as well as the design of social institutions that link them together. This volume includes articles that engage with major theoretical questions such as the applicability of the ideals of social and economic equality to the (...) global sphere, the degree of justified partiality to compatriots, and the nature and extent of the responsibilities of the affluent to address global poverty and other hardships abroad. It also features articles that bring the theoretical insights of global justice thinkers to bear on matters of practical concern to contemporary societies, such as policies associated with immigration, international trade and climate change. (shrink)

This Element provides an overview of some of the central issues in contemporary moral psychology. It explores what moral psychology is, whether we are always motivated by self-interest, what good character looks like and whether anyone has it, whether moral judgments always motivate us to act, whether what motivates action is always a desire of some kind, and what the role is of reasoning and deliberation in moral judgment and action. This Element is aimed at a general audience including undergraduate (...) students without an extensive background in philosophy. (shrink)