The article focuses on the temporal and epistemic economy connected to the transatlantic travels of the categorical triad of ‘race-class-gender’. It looks at conditions and forces that have fuelled the dynamics of the discourse on differences and inequality among women and analyses feminist discourse and its aporias as a particular environment for the travels of theories. Furthermore, it follows the changes the triad of ‘race-class-gender’ undergoes on its transatlantic route from the United States to a German-speaking context and it outlines (...) the theoretical challenges connected to an intersectional perspective that aims to overcome a theoretical stagnation that itself finds symptomatic expression in the ritual citing of ‘race-class-gender’. (shrink)

One of the key doctrines of the philosophy of Thomas Aquinas is his definition of truth as _adaequatio intellectus et rei_. The aim of this study is to make clear that the medieval doctrine presents the essential meaning of the term 'truth'. It also throws light on the much discussed continuity between medieval and modern thought.

Setting out the 'state of the art' in proportionality doctrine, this book combines theoretical reconstruction with case-law examples, defending and developing the dominant model of proportionality.

This book considers Robert Brandom's philosophy and presents an original and exciting analysis of the semantic argument in legal argumentation.

This article investigates the concept and the construction of judicial discretion. The strengths and weaknesses of both Dworkin and Hart are analysed, and in view of these, it is argued that a full picture of judicial discretion is between the two extremes. Thus, a moderate theory of judicial discretion is maintained which is based on achievements by Robert Alexy (2002b). The article develops a balancing model of discretion and relates it to the theory of legal argumentation. The limits of discretion (...) and the relation between structural (strong) and epistemic (weak) discretion are addressed in detail, both with illustrations from the jurisdiction of the German Federal Constitutional Court. (shrink)

Visual attentional processes have been an important topic in psychological research for years. Over the last few decades, new methods have been developed, aiming to explore the characteristics of the focus of attention in more detail. Studies that applied the “Attention-Window Task” quantified the maximum extent of the “Attention Window” along its horizontal, vertical, and diagonal meridians, when subjects were required to perceive two peripheral stimuli simultaneously. In three experiments using the AWT, we investigated the effects of cue validity, stimulus-onset (...) asynchrony, and target stimuli complexity on the size and shape of the AW. Results showed that the AW was greater under valid cue conditions compared to invalid conditions, when the locations of cue and target stimuli differed. Furthermore, the AW decreased when the SOA between the cue and targets was reduced and also when the task complexity was higher and more objects within the target stimuli had to be classified. Overall, it can be stated that the AWT with its possible task changes and adjustments can be considered as a potential standard tool to measure the maximum spread and shape of the spatial AW. (shrink)

This paper explores background features in the development of Nietzsche’s criticism of Christianity by following him through what I have termed his conventional stage, his critical stage, and his stage of outrage. Next to examining some of his various criticisms during those stages, I also ask what the challenges were to which these criticisms responded and why Nietzsche eventually responded to these challenges with outrage. Outrage towards Christianity is unmistakably expressed in Nietzsche’s late work The Antichrist: A Curse on Christianity. (...) To understand Nietzsche’s outrage better we need to explore the role of ‘Antichrist’ in the title of that work and the meaning of ‘curse’ in its subtitle. (shrink)

Delayed responses are a common phenomenon in experience sampling studies. Yet no consensus exists on whether they should be excluded from the analysis or what the threshold for exclusion should be. Delayed responses could introduce bias, but previous investigations of systematic differences between delayed and timely responses have offered unclear results. To investigate differences as a function of delay, we conducted secondary analyses of nine paper and pencil based experience sampling studies including 1,528 individuals with different clinical statuses. In all (...) participants, there were significant decreases in positive and increases in negative affect as a function of delay. In addition, delayed answers of participants without depression showed higher within-person variability and an initial strengthening in the relationships between contextual stress and affect. Participants with depression mostly showed the opposite pattern. Delayed responses seem qualitatively different from timely responses. Further research is needed to understand the mechanisms underlying these differences. (shrink)

This volume gathers leading figures from legal philosophy and constitutional theory to offer a critical examination of the work of Robert Alexy.

Au cœur des interactions, les pronoms personnels tiennent une place déjà largement analysée en linguistique, particulièrement pour ce qui concerne les interactions numériques. C’est dans cette perspective que se situe cet article, qui a pour objet l’étude d’un chat de prévention au suicide, et plus particulièrement des interactions entre appelants en détresse et écoutants bénévoles. Notre étude s’attache à analyser la place singulière du pronom nous au sein de ce corpus, afin d’en saisir les particularités et les fonctions, dans le (...) contexte spécifique de la prévention au suicide ; dans cette optique, nous accordons une importance spécifique au nous de distanciation, dans une logique d’analyse de discours socialement située. (shrink)

This article gives a concise overview on developments in German legal philosophy since 1990. After briefly sketching the previous streams, dating back to 1945, it focuses on current tendencies and topics. Three main debates are reported in detail, namely the debates on the structure of legal argumentation, on the structure of the legal system, and on Radbruch’s Formula. This includes, inter alia, Robert Alexy’s new theory of balancing as well as the debate on the role of logic in legal reasoning. (...) Overall, the article introduces the main protagonists and schools as well as their respective advantages, drawbacks, and challenges. (shrink)

What is the core of legal scholarship? How can we understand its relation to other disciplines, such as moral and political philosophy, sociology, and economics? I explore these questions by analysing the impact of the dual nature thesis. Criticising established theories of legal scholarship, I defend the ideal of an integrative jurisprudence. Integrative jurisprudence combines the two dimensions of law by employing analytical, empirical, and normative methods. I then discuss three objections and address the problem of how to bridge is (...) and ought. In the course of my analysis of three different bridge theories, I ultimately further develop the dual nature thesis into a triadic nature thesis. (shrink)