Die Beiträge des Bandes, die aus den Vorträgen der 4. Jahrestagung,,Diskurs - interdisziplinär" 2014 hervorgehen, fokussieren in unterschiedlicher disziplinärer Perspektivierung die diskursanalytische Konstante der Historizität. Das im Titel genannte historische Apriori indiziert gleichermaßen die Diskursivität sprachlichen Handelns als kontextuelles Bedingt-Sein von Aussagen wie auch die Geschichtlichkeit und damit Relativität sprachlicher Artefakte, für die hier Texte als eine weite Kategorie von Kommunikaten stehen. Im ersten Bandabschnitt,,Historische Semantik und Pragmatik" werden sprachliche Phänomene und, auf einer Metaebene, linguistische Kategorien unter dem Vorzeichen diskursiver (...) Varianz in den Blick genommen. Die Beiträge des zweiten Abschnitts,,Literatur und Texte" reflektieren die Historizität und soziale Wirksamkeit literarischer Formen. Im dritten Teil,,Gesellschaft und Politik" werden Wissens- und Normbildungsprozesse in den Diskursen verschiedener sozialer Felder fokussiert. (shrink)

This review-essay discusses the contributions to Ricardo Bellofiore’s bookRosa Luxemburg and the Critique of Political Economyin their respective historical and theoretical contexts. A key goal of the book is to establish Luxemburg’s work as a ‘macro-monetary class approach’, which means linking an economic outlook on effective demand and finance with a political focus on class-struggles in the domestic and international arenas. This approach marks a significant, and positive, departure from widespread interpretations that separate Luxemburg’s political theory from her economic theory. (...) Given the apparent limits of neoliberal globalisation it is also a very timely approach that can help us to understand the current conjuncture of economic and political crises. Bellofiore’s book offers a useful framework for such analysis but focuses much more on economic theory than on politics and the historical developments of global capitalism. To fully exploit the potential of Luxemburg’s political economy, complementary work on these latter two aspects has to be done. (shrink)

What should we believe when epistemic and practical reasons pull in opposite directions? The traditional view states that there is something that we ought epistemically to believe and something that we ought practically to (cause ourselves to) believe, period. More recent accounts challenge this view, either by arguing that there is something that we ought simpliciter to believe, all epistemic and practical reasons considered (the weighing view), or by denying the normativity of epistemic reasons altogether (epistemic anti‐normativism). I argue against (...) both accounts and defend the traditional view. An agent can be blameworthy in doxastic dilemmas for complying with their practical but not their epistemic reasons. This reveals how epistemic reasons are normative: the concept of epistemic blame helps us track epistemic normativity. (shrink)

Many of our attitudes are non-culpable: there was nothing that we should have done to avoid holding them. I argue that we can still be blameworthy for non-culpable attitudes: they can impair our relationships in ways that make our full practice of apology and forgiveness intelligible. My argument poses a new challenge to indirect voluntarists, who attempt to reduce all responsibility for attitudes to responsibility for prior actions and omissions. Rationalists, who instead explain attitudinal responsibility by appeal to reasons-responsiveness, can (...) make sense of blameworthiness for non-culpable attitudes. In response, voluntarists could propose a revision of our actual practices. This would lead us into a quite different debate. (shrink)

It is often argued that there are no practical reasons for belief because we could not believe for such reasons. A recent reply by pragmatists is that we can often believe for practical reasons because we can often cause our beliefs for practical reasons. This paper reveals the limits of this recently popular strategy for defending pragmatism, and thereby reshapes the dialectical options for pragmatism. I argue that the strategy presupposes that reasons for being in non-intentional states are not reducible (...) to reasons to act. Pragmatists who want to preserve a motivational constraint on reasons therefore have exactly two options: either arguing that there are irreducible reasons for being in non-intentional states ; or arguing that we can believe directly for practical reasons. I argue that the prospects for the former option are dim because irreducible reasons to be in states are hard to square with the motivational constraint on reasons. Returning to the more traditional route of arguing for pragmatism by defending a version of doxastic voluntarism therefore seems to be the more promising way for pragmatists to go. (shrink)

Proponents of the reasoning view analyze normative reasons as premises of good reasoning and explain the normativity of reasons by appeal to their role as premises of good reasoning. The aim of this paper is to cast doubt on the reasoning view by providing counterexamples to the proposed analysis of reasons, counterexamples in which premises of good reasoning towards φ‐ing are not reasons to φ.

This collection contains the first English translations of a group of important eighteenth-century German essays that address the question, "What is Enlightenment?" The book also includes newly translated and newly written interpretive essays by leading historians and philosophers, which examine the origins of eighteenth-century debate on Enlightenment and explore its significance for the present. In recent years, critics from across the political and philosophical spectrum have condemned the Enlightenment for its complicity with any number of present-day social and cultural maladies. (...) It has rarely been noticed, however, that at the end of the Enlightenment, German thinkers had already begun a scrutiny of their age so wide-ranging that there are few subsequent criticisms that had not been considered by the close of the eighteenth century. Among the concerns these essays address are the importance of freedom of expression, the relationship between faith and reason, and the responsibility of the Enlightenment for revolutions. Included are translations of works by such well-known figures as Immanuel Kant, Moses Mendelssohn, Johann Gottlieb Fichte, and Johann Georg Hamann, as well as essays by thinkers whose work is virtually unknown to American readers. These eighteenth-century texts are set against interpretive essays by such major twentieth-century figures as Max Horkheimer, Jürgen Habermas, and Michel Foucault. (shrink)

Egalitarian theories assess when and why distributive inequalities are objectionable. How should egalitarians assess inequalities between generations? One egalitarian theory is (telic) distributive egalitarianism: other things being equal, equal distributions of some good are intrinsically better than unequal distributions. I first argue that distributive egalitarianism produces counterintuitive judgements when applied across generations and that attempts to discount or exclude intergenerational inequalities do not work. This being so, intergenerational comparisons also undercut the intragenerational judgements that made distributive egalitarianism intuitive in the (...) first place. I then argue that egalitarians should shed distributive egalitarianism: relational and instrumental arguments against inequality likely suffice to capture egalitarian concerns – including across generations – without encountering the problems produced by distributive egalitarianism. (shrink)

Danielle Celermajer advocates for reconceptualizing responsibility in light of the climate crisis. I argue instead that we must understand current concepts of responsibility which are implicit in actual responsibility practices. I illustrate this by appeal to the practice of holding each other responsible for our beliefs-a practice in which we are constantly involved, but which is often obscured. It extends our responsibility to involuntary aspects of our own mind and involves socially distributed cognitive duties. Cognitive responsibility is part and parcel (...) of shared human conceptual frameworks that we should work to uncover and fully understand rather than revise. (shrink)

Social norms have played a key role in the evolution of human cooperation, serving to stabilize prosocial and egalitarian behavior despite the self-serving motives of individuals. Young children’s behavior mostly conforms to social norms, as they follow adult behavioral directives and instructions. But it turns out that even preschool children also actively enforce social norms on others, often using generic normative language to do so. This behavior is not easily explained by individualistic motives; it is more likely a result of (...) children’s growing identification with their cultural group, which leads to prosocial motives for preserving its ways of doing things. (shrink)

Borderline personality disorder is a complex psychopathological phenomenon. It is usually thought to consist in a vast instability of different aspects that are central to our experience of the world, and to manifest as “a pervasive pattern of instability of interpersonal relationships, self-image, and affects, and marked impulsivity” [American Psychiatric Association, 2013, p. 663]. Typically, of the instability triad—instability in self, affect and emotion, and interpersonal relationships—only the first two are described, examined, and conceptualized from an experiential point of view. (...) In this context, disorders of self have often motivated analyses of self-experience and the sense of self, affective disorders have been frequently considered in the light of emotional experience and its phenomenological structure. Patterns in the phenomenology of social experience have found comparatively little traction when it comes to the conceptualization of the interpersonal disturbances in borderline. In this paper, I argue that interpersonal instability in borderline consists in much more than fragile and shifting relationships but, most importantly, also involves certain styles in experiencing others. These styles, I suggest, may play an explanatory role for the borderline-typical patterns of interpersonal turmoil and so deserve more attention. To better describe and understand these styles, I explore the phenomenological structure of borderline affective instability and discuss the implications it might have for how a person experiences and relates to other people. Considering core aspects of borderline affective instability, such as alexithymia, emotional contagion, emotion dysregulation, and chronic emptiness, I propose borderline can be interpreted as a disturbance of interaffective exchange, which gives rise to certain ways of experiencing others that imply a social impairment. (shrink)

I present an explanatory argument for the reasons-first view: It is superior to knowledge-first views in particular in that it can both explain the specific epistemic role of perception and account for the shape and extent of epistemic justification.

Human social life is structured by social norms creating both obligations and entitlements. Recent research has found that young children enforce simple obligations against norm violators by protesting. It is not known, however, whether they understand entitlements in the sense that they will actively object to a second party attempting to interfere in something that a third party is entitled to do — what we call counter-protest. In two studies, we found that 3-year-old children understand when a person is entitled (...) to do something, and so they actively defend this person’s entitlement against unjustified interference from second parties. In some cases, they even enforce second-order entitlements, for example, in the case of ownership where an owner is entitled to entitle others to use the owner’s property. (shrink)

This paper maintains that objectivism about practical reasons should be combined with pluralism both about the nature of practical reasons and about action explanations. We argue for an ‘expanding circle of practical reasons’, starting out from an open-minded monist objectivism. On this view, practical reasons are not limited to actual facts, but consist in states of affairs, possible facts that may or may not obtain. Going beyond such ‘that-ish’ reasons, we argue that goals are also bona fide practical reasons. This (...) makes for a genuine pluralism about practical reasons. Furthermore, the facts or states of affairs that function as practical reasons are not exclusively natural or descriptive, but include normative facts. That normative facts can be reasons justifies a pluralism about reason explanations, one which allows for what we call enkratic explanations in addition to teleological ones. (shrink)

When assessing institutions and social outcomes, it matters how free society is within them (‘societal freedom’). For example, does capitalism come with greater societal freedom than socialism? For such judgements, freedom theorists typically assume Individualism: societal freedom is simply the aggregate of individual freedom. However, G.A. Cohen’s well-known case provides a challenge: imagine ten prisoners are individually free to leave their prison but doing so would incarcerate the remaining nine. Assume further that no one actually leaves. If we adopt Individualism (...) plus the standard liberal view of freedom, such incarceration seems to leave societal freedom unaffected. This is an important theoretical challenge: it seems we must either reject Individualism or reject, or at least amend, the liberal view. Cohen also suggests his case, and the collective unfreedom therein, helps us capture how proletarians are unfree under capitalism. In this article, I argue that we can solve Cohen’s puzzle, if we focus on how power can reduce freedom. If we adopt the republican view of freedom, we can say that prisoners are unfree in Cohen’s case because they are dominated by the other prisoners. This solution keeps Individualism but moves beyond liberal freedom. I then also show how this individualistic framework captures proletarian unfreedom. (shrink)

Borderline personality disorder (BPD) is characterized by severe disturbances in a subject’s sense of identity. Persons with BPD suffer from recurrent feelings of emptiness, a lack of self-feeling, and painful incoherence, especially regarding their own desires, how they see and feel about others, their life goals, or the roles to which they commit themselves. Over the past decade or so, clinical psychologists, psychotherapists, and psychiatrists have turned to philosophical conceptions of selfhood to better understand the borderline-specific ruptures in the sense (...) of identity, which are frequently associated with severe affective instability and turbulence in interpersonal relationships. Fuchs (2007) has suggested that these disturbances in self-experience can best be described and explained by using notions—widely discussed in philosophy and psychology—ofnarrativityandnarrative identity. On such a narrative view, key features of BPD present significant modifications of proto-narrative structures and inhibit the development of a narrative identity, resulting in a disturbed sense of identity. Although the role of narrativity in BPD has been acknowledged by many researchers, some have voiced dissatisfaction with what they take to be limitations of a narrativistic understanding of the disorders of identity characterizing BPD, and have proposed alternative, allegedly non-narrativistic, accounts. In this paper, we critically examine an example of the latter, viz. Gold and Kyratsous’ (2017) account ofthe person as an intrapersonal team reasoner. We defend a narrativistic understanding of BPD identity disorder against their objections. To this end, we propose a broader, and more finely-differentiated, concept of narrativity. On this account, four aspects of narrativity are distinguished, the disordering of which can affect those with BPD. As it turns out, our account implies that even Gold and Kyratsous—in order to ground their approach—must either make use of these aspects or propose an as-yet unarticulated alternative. This casts doubt upon whether their approach is non-narrativistic after all. (shrink)

Can the evidence provided by software systems meet the standard of proof for civil or criminal cases, and is it individualized evidence? Or, to the contrary, do software systems exclusively provide bare statistical evidence? In this paper, we argue that there are cases in which evidence in the form of probabilities computed by software systems is not bare statistical evidence, and is thus able to meet the standard of proof. First, based on the case of State v. Loomis, we investigate (...) recidivism predictions provided by software systems used in the courtroom. Here, we raise problems for software systems that provide predictions that are based on bare statistical evidence. Second, by examining the case of People v. Chubbs, we argue that the statistical evidence provided by software systems in cold hit DNA cases may in some cases suffice for individualized evidence, on a view on which individualized evidence is evidence that normically supports the relevant proposition (Smith, in Mind 127:1193–1218, 2018). (shrink)

In this article, I argue against Kearns and Star’s reasons-as-evidence view, which identifies normative reasons to ɸ with evidence that one ought to ɸ. I provide a new counterexample to their view, the student case, which involves an inference to the best explanation from means to end or, more generally, from a derivative to a more foundational “ought” proposition. It shows that evidence that one ought to act a certain way is not in all cases a reason so to act. (...) I present a diagnosis of the problem that is brought out by the counterexample. (shrink)

Although Peirce frequently insisted that continuity was a core component of his philosophical thought, his conception of it evolved considerably during his lifetime, culminating in a theory grounded primarily in topical geometry. Two manuscripts, one of which has never before been published, reveal that his formulation of this approach was both earlier and more thorough than most scholars seem to have realized. Combining these and other relevant texts with the better-known passages highlights a key ontological distinction: a collection is bottom-up, (...) such that the parts are real and the whole is an ens rationis, while a continuum is top-down, such that the whole is real and the parts are entia rationis. Accordingly, five properties are jointly necessary and sufficient for Peirce’s topical continuum: rationality, divisibility, homogeneity, contiguity, and inexhaustibility. (shrink)

(2005). Freedom in Responsibility: On the Relevance of “Sin” As a Hermeneutic Guiding Principle in Bioethical Decision Making. Christian Bioethics: Vol. 11, No. 2, pp. 147-165.

When animal ethicists deal with welfare they seem to face a dilemma: On the one hand, they recognize the necessity of welfare concepts for their ethical approaches. On the other hand, many animal ethicists do not want to be considered reformist welfarists. Moreover, animal welfare scientists may feel pressed by moral demands for a fundamental change in our attitude towards animals. The analysis of this conflict from the perspective of animal ethics shows that animal welfare science and animal ethics highly (...) depend on each other. Welfare concepts are indispensable in the whole field of animal ethics. Evidence for this can be found by analyzing the structure of theories of animal ethics and the different ways in which these theories employ welfare concepts. Furthermore, the background of values underneath every welfare theory is essential to pursue animal welfare science. Animal ethics can make important contributions to the clarification of underlying normative assumptions with regard to the value of the animal, with regard to ideas about what is valuable for the animal, and with regard to the actions that should follow from the results of animal welfare science. (shrink)

Manipulation or manipulative behavior, which is widespread in many life contexts and interpersonal relationships, is mostly associated with a negative connotation. Often considered roughly a form of control over others that cannot be equated with coercion or argumentation, manipulation is an umbrella term for strategies that serve to make another person (or oneself) experience x or do y or induce certain situations and interpersonal constellations. Frequently, the use of manipulative strategies is deemed to result from egoistic or even hostile motives. (...) Such an appraisal has a major impact on the stigma patients with Borderline Personality Disorder (BPD) are confronted with, given that many of their behaviors are often interpreted as manipulative. In the past decade or so, however, researchers and clinicians have pointed out that what is generally identified as manipulation in persons with BPD needs to be seen through the lens of their lifeworld in order to facilitate an empathetic and more positive attitude towards these individuals. In this paper, I discuss the different functions manipulation may have for persons with BPD and argue that instead of seeing it as a clear expression of malevolence or belligerence, a heightened disposition to manipulations should be considered as both the fruit and seed of a painful and isolating social impairment. (shrink)

ABSTRACTOscar Larsson’s essay condemns discursive institutionalism for the “sin” of subjectivism. In reality, however, discursive institutionalism emphasizes the intersubjective nature of ideas through its theorization of agents’ “background ideational abilities” and “foreground discursive abilities.” It also avoids relativism by means of Wittgenstein’s distinction between experiences of everyday life and pictures of the world. Contrary to Larsson, what truly separates post-structuralism from discursive institutionalism is the respective approaches’ theorization of the relationship of power to ideas, with discursive institutionalists mainly focused on (...) persuasive power through ideas, while post-structuralists focus on the structural power in ideas or on coercive power over ideas. (shrink)

It is well known that John Stuart Mill repeatedly acknowledges Harriet Taylor Mill's substantial contribution to On Liberty. After her death, however, he decides to publish the book under his name only. Are we justified in continuing this practice, initiated by JSM, of refusing unequivocal co-authorship status to HTM? Drawing on stylometric analyses, we make a preliminary case that JSM did not write On Liberty all by himself and that HTM had a hand in formulating it. Drawing on plausible standards (...) for authorship ascription, we further point out that authorship status requires, in addition to a substantial contribution, the approval by all contributors. We discuss potential reasons to assume that HTM did not approve the published version of On Liberty and would have objected to including her name on the title page. (This paper is available on an open-access basis at UTILITAS). (shrink)

Journal of Social Philosophy, EarlyView.

The program of intervening, manipulating, constructing and creating is central to natural and engineering sciences. A renewed wave of interest in this program has emerged within the recent practices and discourse of nano-technoscience. However, it is striking that, framed from the perspective of well-established epistemologies, the constructed technoscientific objects and engineered things remain invisible. Their ontological and epistemological status is unclear. The purpose of the present paper is to support present-day approaches to techno-objects ( ontology ) insofar as they make (...) these hidden objects epistemologically perceivable. To accomplish this goal, it is inspiring to look back to the origin of the project of modernity and to its founding father: Francis Bacon. The thesis is that everything we need today for an adequate (dialectic-materialist), ontologically well-informed epistemology of technoscience can be found in the works of Bacon—this position will be called epistemological real-constructivism. Rather than describing it as realist or constructivist, empiricist or rationalist, Bacon’s position can best be understood as real-constructivist since it challenges modern dichotomies, including the dichotomy between epistemology and ontology. Such real-constructive turn might serve to promote the acknowledgement that natural and engineering sciences, in particular recent technosciences, are creating and producing the world we live in. Reflection upon the contemporary relevance of Bacon is intended as a contribution to the expanding and critical discussion on nano-technoscience. (shrink)

In October 2005, the United Nations Educational, Scientific and Cultural Organization adopted the Universal Declaration on Bioethics and Human Rights . A concept of central importance in the declaration is that of “human dignity”. However, there is lack of clarity about its scope, especially concerning the question of whether prenatal human life has the same dignity and rights as born human beings. This ambiguity has implications for the interpretation of important articles of the delcaration, including 2, 4, 8, 10 and (...) 11. The paper applies relevant provisions of the UDBHR to specific cases, addresses problems of internal consistency and considers attempts at clarifying the scope of “human dignity” by the negotiating parties. An analysis of the important relationship between the UDBHR and the Universal Declaration of Human Rights, to which the UDBHR refers in its title and elsewhere, shows that because of a crucial emphatic asymmetry, a broad reading according to which the UDBHR must be understood to ascribe human rights and dignity to prenatal life is untenable. However, the view that the UDBHR confers human rights and dignity on humans from the moment of birth onwards is robust and defensible. This conclusion is important for a proper understanding of the declaration and its use, as stated in Articles 1 and 22, the latter urging states “… to give effect to the principles … in this declaration”. Similarly, it has implications for the use of the declaration in the wider context of bioethics-related law and policy, as well as in academic and other discussions where increasing reference to the UDBHR is likely. (shrink)

This volume includes the commentaries on two works from the third volume of the Critical Studies Edition of Nietzsche s Works Morgenrothe (The Dawn), and Idyllen aus Messina (Idylls from Messina). Volume 3.2 will be devoted to commentary on The Gay Science. This volume includes the manuscript facsimiles of the Idyllen aus Messina.".

Instrumentalism is the view that all requirements of practical reason can be derived from the instrumental principle, that is, from the claim that one ought to take the suitable means to one's ends. Rationalists, by contrast, hold that there are requirements of practical reason that concern the normative acceptability of ends. To the extent that rationalists put forward these requirements in addition to the instrumental principle, rationalism might seem to go beyond instrumentalism in its normative commitments. This is why it (...) is sometimes thought that rationalism is stronger than instrumentalism in a way that entails that instrumentalism is the default view, while rationalists carry the burden of proof. In this paper, I explore and discuss different ways of spelling out this idea. I argue that rationalism is not stronger than instrumentalism in a way that has implications for matters of justification and differences in prima facie defensibility of the two sorts of views. (shrink)

In this chapter, I clarify the notions of mental content and of concept. I present competing views on these notions and indicate my own position. I introduce content in terms of correctness conditions and distinguish several kinds of propositions, as well as non-propositional scenario content, with which perceptual content might be identified. I relate this discussion to a wide-spread commitment in philosophy of perception to respect the subject’s perceptual perspective in ascriptions of perceptual content. Then I compare views of concepts (...) as Fregean senses, as mental representations, and as cognitive abilities and investigate how they relate to the central idea that concepts are possessed by subjects. I suggest that our talk of concept possession and exercise is anchored in subjects’ abilities for re-identification and for general thought and in their inferential abilities. I clarify how possession and exercise of these three conceptual abilities relate. (shrink)

M. Esfeld has recently argued that ontic structural realism may succeed only if it is based on causal structures. In order to meet this requirement, he offers a combination of dispositional/causal relations with moderate form of ontic structural realism. This paper, however, demonstrates that moderate position, in relation to causation, faces a dilemma whose resolution leads to a monistic ontology that creates a rather hostile environment for structural metaphysics.

Jacobson finds two distinct meanings of “dignity” in the literature on dignity and health: intrinsic human dignity and social dignity constituted through interactions with caregivers. Especially the latter has been central in empirical health research and warrants further exploration. This article focuses on the social dignity of people marginalized by mental illness, substance abuse and comparable conditions in extramural settings. 35 studies published between 2007 and 2017 have addressed this issue, most of them identifying norms for social dignity: civilized interactions, (...) non-stigmatizing treatment, treatment as unique individuals, being taken seriously, maintaining a positive identity, experiencing independence, relating to others, and participating in daily life. We argue that these norms belong to ideal theory, whereas we agree with Robeyns and others that improving practice is better served by non-ideal theory. Towards this end, we derive from the literature four building blocks for a non-ideal theory of dignity: avoid violations of dignity rather than seeking to promote it; dignity is not a goal to be reached; it requires ongoing effort; promoting dignity is a balancing act; contradictory norms can make it impossible to realize; and dignity can be undermined by organizational and discursive constraints. (shrink)

By the end of the Second World War the advancing allied forces discovered a new nerve gas in Germany. It was called Tabun. Codenamed GA, it was found to be extremely toxic. British experts were immediately dispatched to examine the agent. On arrival, they discovered that German scientists had also developed even more toxic nerve agents, including Sarin, known as GB. The first organized testing of Sarin on humans began in October 1951 at Porton Down in Wiltshire, Britain's biochemical warfare (...) establishment since the First World War. In February 1953, volunteer number 562 experienced the first recorded serious adverse reaction. Testing continued. Two months later, on April 27, six subjects were given 300 milligrams of Sarin. One of the volunteers, a man named Kelly, suffered serious ill effects, fell into a coma, but then recovered. Although asked by their superiors to reduce the amount tested to the “lowest range of dosage”—which would have been somewhere in the region of 10–15 milligrams—Porton's scientists continued their tests with a “lower” dosage, reducing it from 300 to 200 milligrams. (shrink)

In this comment on Katherine Dormandy's paper «True Faith», I point out that the clash she describes between epistemic norms and faith-based norms of belief needs to be supplemented with a clear understanding of the pertinent norms of belief. I argue that conceiving of them as evaluative fails to explain the clash, and that understanding them as prescriptive is no better. I suggest an understanding of these norms along the lines of Ross’s (1930) prima facie duties, and show how this (...) picture can make sense of the clash. (shrink)

The world appears causal in the sense that the result of a measurement may depend on the past history of the observed system, but not on what the experimenter will do with the system after the measurement. This raises the question whether noncausality at a macroscopic level would necessarily lead to an “unreasonable” world. The study of a model world with axiomatically well-specified properties shows that noncausal systems can be discussed in a logically consistent manner so that noncausality might well (...) exist in the real world as a weak, but so far overlooked, effect. (shrink)

In dem vorliegenden Beitrag rekonstruiere ich die linkslibertaristische Kritik des Rechts zu vererben, die Hillel Steiner ausgearbeitet hat, und prüfe, ob diese Kritik zufriedenstellend ist. Ich komme zu dem Ergebnis, dass Steiner in dem von ihm angelegten rechtstheoretischen Rahmen die von vielen Philosophen und Rechtswissenschaftlern angenommene rechtliche Gleichartigkeit des Vererbens und des Verschenkens mit überzeugenden Argumenten in Frage stellt, seinerseits aber das Recht zu vererben mit einer Theorie kritisiert, die gerechtigkeitstheoretische und sozialtheoretische Bedenken hervorruft. Wie ich abschließend darlege, geben die (...) erzielten Untersuchungsergebnisse Aufschluss über das ontologische Profil des Rechts zu vererben und die Eigentümlichkeit dieser Art der Eigentumsübertragung; sie eignen sich deshalb als Ausgangspunkt einer philosophischen Theorie des Erbrechts. (shrink)