In jurisprudential circles the year 1981 might well be dubbed the year of Hans Kelsen, with no fewer than three symposia celebrating the hundredth anniversary of his birth. The Association for Legal and Social Philosophy in the United Kingdom held a conference on Kelsen in Edinburgh in April, giving special attention to “legal epistemology” in the Pure Theory of Law. A symposium of the Austrian Association for Legal and Social Philosophy, held in the Schloss Retzhof near Graz in May, was (...) devoted to Kelsen's political theory and critique of ideology. And the Hans Kelsen Institute in Vienna sponsored a symposium in September on Kelsen's posthumously published work, the Allgemeine Theorie der Normen. All three events were marked by significant international participation, and they point to continuing widespread interest in Kelsen and the Pure Theory of Law. (shrink)

Der Horizont der Moderne verschiebt sich -- Metaphysik nach Kant -- Motive nachmetaphysischen Denkens -- Handlungen, Sprechakte, sprachlich vermittelte Interaktionen und Lebenswelt -- Zur Kritik der Bedeutungstheorie -- Bemerkungen zu J. Searles "Meaning, communication, and representation" -- Die Einheit der Vernunft in der Vielfalt ihrer Stimmen -- Individuierung durch Vergesellschaftung : zu G.H. Meads Theorie der Subjektivität -- Philosophie und Wissenschaft als Literatur? -- Rückkehr zur Metaphysik? : eine Sammelrezension.

This paper argues against two prominent accounts of what it is to "promote a desire," found in the work of Stephen Finlay and Mark Schroeder.

Religious toleration first became legally enshrined in Europe in the 16th and 17th centuries. Religious toleration led to the practice of more general inter-subjective recognition of members of democratic states which took precedence over differences of conviction and practice. After considering the extent to which a democracy may defend itself against the enemies of democracy and to which it should be prepared to tolerate civil disobedience, the article analyses the contemporary dialectic between the notion of civil inclusion and multiculturalism. Religious (...) toleration is seen as the pacemaker for modern multiculturalism, in which the claims of minorities to civic inclusion are recognized so long as members of all groups understand themselves to be citizens of one and the same political community. Footnotes1 Royal Institute of Philosophy Annual Lecture, 2003. (shrink)

Promotion is the relation between an act and a desire that obtains when the act advances or serves the desire. Under what conditions does an act promote a desire? Probabilistic accounts of promotion, the most prominent accounts, analyze promotion in terms of an increase in the probability of the desire’s satisfaction. In this paper, we clarify the promotion relation and explain why probabilistic accounts are attractive. Then we identify two questions probabilistic accounts must answer: the Baseline Question and the Interpretation (...) Question. We discuss and reject the three answers to the Baseline Question found in the literature, and explain the challenge future attempts at answering this question will face. Proponents of probabilistic accounts have not adequately addressed the Interpretation Question. We survey three answers to this question, finding each unsatisfactory. We conclude that no satisfactory probabilistic account has yet been offered, and that there are significant hurdles to providing one in the future. (shrink)

In this article, I articulate and respond to an epistemological challenge to meta-normative realism. The challenge has it that, if realism about the normative is correct, and if evolutionary forces have significantly influenced our normative judgments, then it would be a remarkable coincidence if the content of the normative facts and our normative judgments were aligned. I criticize David Enoch's recent attempt to meet this challenge, but provide an alternative response that is structurally similar. I argue that if realism is (...) correct, then it would be remarkable if the content of our normative judgments and the normative facts were not significantly aligned. (shrink)

Source Hybridism about practical reasons is the position that facts that constitute reasons sometimes derive their normative force from external metaphysical grounds, and sometimes from internal. Although historically less popular than either Source Internalism or Source Externalism, hybridism has lately begun to garner more attention. Here, I further the hybridist's cause by defending Source Hybridism from three objections. I argue that we are not warranted in rejecting hybridism for any of the following reasons: that hybridists cannot provide an account of (...) normative weight, that hybridists are committed to implausible results concerning practical deliberation, or that Source Hybridism is objectionably unparsimonious. (shrink)

The “global success” of nation states is currently brought into play by the new requirements of multicultural differentiation and globalization. After commenting on the common concepts of “state” and “nation” and discussing the formation of nation states, the author explains the particular achievement of the national state and the tension between republicanism and nationalism built into it. The challenges that arise from the multicultural differentiation of civil society and from trends towards globalization throw light on the limitations of this historical (...) type. (shrink)

The ArgumentWe present a number of findings concerning Galileo's major discoveries which question both the methods and the results of dating his achievements by common historiographic criteria. The dating of Galileo's discoveries is, however, not our primary concern. This paper is intended to contribute to a critical reexamination of the notion of discovery from the point of view of historical epistemology. We claim that the puzzling course of Galileo's discoveries is not an exceptional comedy of errors but rather illustrates the (...) normal way in which scientific progress is achieved. We argue that scientific knowledge generally develops not as a sequence of independent discoveries accumulating to a new body of knowledge but rather as a network of interdependent activities which only as a whole makes the individual steps understandable as meaningful “discoveries.”. (shrink)

This paper argues that the normative source of modern basic rights consists in the idea of human dignity. It is this idea through which rights derive a universalistic content of morality. Due to their being rights, human rights can serve to protect human dignity, which in turn owes its connotations of self-respect and social recognition to the intramundane status of democratic citizenship. This is associated with a realistic utopia whose aim at realizing social justice is intrinsic to the very institutions (...) of democratic constitutional states. (shrink)

Recent work in social epistemology has shown that, in certain situations, less communication leads to better outcomes for epistemic groups. In this paper, we show that, ceteris paribus, a Bayesian agent may believe less strongly that a single agent is biased than that an entire group of independent agents is biased. We explain this initially surprising result and show that it is in fact a consequence one may conceive on the basis of commonsense reasoning.

Internalists about practical reasons maintain that all of an agent’s reasons for action derive their normative force via some relation in which they stand with that agent’s pro-attitudes, or the pro-attitudes that the agent would have in some idealized set of circumstances. One common complaint against internalism is that the view is extensionally inadequate – that it cannot render the correct verdicts about what reasons agents have in a range of important cases. In this paper, I examine that charge of (...) extensional inadequacy, taking as my starting point an argument that Derek Parfit has recently leveled against internalism. Through a close evaluation of that argument and potential replies to it, I attempt to show that internalists cannot accommodate important pre-theoretical intuitions about what reasons we have. However, I also argue that Parfit’s case is importantly overstated; I set out to show that his argument cannot establish, as he thinks it does, that no reasons derive their normative force in the way that internalists believe that all do. In doing so, I draw attention to the possibility of a hybrid position about practical reasons that, surprisingly, receives little attention in the existing literature. If the arguments of the paper succeed, I will have established a modest theoretical advantage for hybridism over internalism – namely, that it is not vulnerable to the charge of extensional inadequacy. My hope is that this goes some way toward establishing hybridism’s credentials as a serious alternative to its “pure” competitors. (shrink)

This paper addresses the problem of finding a Bayesian net representation of the probability function that agrees with the distributions of multiple consistent datasets and otherwise has maximum entropy. We give a general algorithm which is significantly more efficient than the standard brute-force approach. Furthermore, we show that in a wide range of cases such a Bayesian net can be obtained without solving any optimisation problem.

Objective Bayesians hold that degrees of belief ought to be chosen in the set of probability functions calibrated with one’s evidence. The particular choice of degrees of belief is via some objective, i.e., not agent-dependent, inference process that, in general, selects the most equivocal probabilities from among those compatible with one’s evidence. Maximising entropy is what drives these inference processes in recent works by Williamson and Masterton though they disagree as to what should have its entropy maximised. With regard to (...) the probability function one should adopt as one’s belief function, Williamson advocates selecting the probability function with greatest entropy compatible with one’s evidence while Masterton advocates selecting the expected probability function relative to the density function with greatest entropy compatible with one’s evidence. In this paper we discuss the significant relative strengths of these two positions. In particular, Masterton’s original proposal is further developed and investigated to reveal its significant properties; including its equivalence to the centre of mass inference process and its ability to accommodate higher order evidence. (shrink)

A necessary and sufficient condition in terms of a de Finetti style representation is given for a probability function in Polyadic Inductive Logic to satisfy being part of a Language Invariant family satisfying Spectrum Exchangeability. This theorem is then considered in relation to the unary Carnap and Nix–Paris Continua.

The German theory of education refers mainly to what is called Bildung. The historical sense of Bildung is not cultivaion , but cultivation for inwardness. This concept has two sources, the neo-platonic inner soul on one hand, pietistic piety on the other hand. The article shows that these sources had been part of European discussions before the development of national cultures after 1750. So the German concept of Bildung, famous for the German Sonderweg in culture and politics, had been composed (...) out of non-German sources. The nationalizaiton of inwardness began at the end of the 18th century and was established in 19th century German Higher Education. (shrink)

The book highlights the newly found evidence which indicates the imposition of boundary conditions on the structure and processing of events and how these are ...

In this introduction the author outlines his approach to philosophy of law taken in Between Facts and Norms. In particular, he briefly discusses topics such as the form and function of law, the relation between law and morality, the relation between human rights and sovereignty, and the notion of democracy.

Since the introduction of photography by commercial studio photographers and the colonial state in Kenya, this global medium has been intensely debated and contested among Muslims on the cosmopolitan East African coast. This book does not only explore the making, circulation, and consumption of popular photographs, but also the other side, their rejection and obliteration, an essential aspect of a medium's history that should not be neglected. It deals with various »social spaces of refusal« in the local Muslim milieu and (...) in that of »traditional« spirit mediums in which visibility was contested in various and creative ways. It focuses on the »aesthetics of withdrawal«: the various ways and techniques that process the photographic act as well as the photographic image to theatricalize the surface of the image in new ways by veiling, masking, and concealing. In a fragmented historical perspective, Heike Behrend seeks to complement, decenter, and counter the history of photography as it has been told by the West and to narrate another history beginning with preceding local media such as textiles and spirit possession. (shrink)

Jherings Rechtsdenken ist ein noch nicht ausgeschöpftes Guthaben der deutschen Rechtskultur. Erst in jüngerer Zeit konnte es von schweren Mißverständnissen befreit und in seiner kulturanthropologischen, die menschliche Zivilisation als Ganzes erfassenden Weite deutlich gemacht werden. Okko Behrends beleuchtet Jhering als Schriftsteller, Rechtstheoretiker und Juristen. Er verfolgt die Wirkung seines realistischen, aber an der Idee des rechtsethischen Fortschritts festhaltenden Denkens in Europa (Deutschland, Rußland, Schweden, Italien), Ostasien (Japan und Korea) sowie Nord- und Südamerika.

Methodenstreit in Economics. This essay offers an account of the Methodenstreit in economics between first Menger and Schmoller and later Max Weber and again Schmoller. It is argued that, for Schmoller, two issues were central; to use economics (widely conceived) as an instrument for economic policy and notably social policy: and to base the science empirically with all the modern methods available. In contrast, the Austrian position had a different view of economics as a science, seeing it more as a (...) system of ideas, which implies a radically different use of empirical evidence. (shrink)

Background: The Multidimensional Inventory for Religious/Spiritual Well-Being was developed in order to address a religious/spiritual dimension as being an important part of psychological well-being. In the meantime, the instrument has been successfully applied in numerous studies. Subsequently, a short version, the MI-RSWB 12 was constructed, especially for the use in clinical assessment. Here it is intended to contribute to the further development of the MI-RSWB 12 by investigating its structural validity through structural equation modeling.Materials and Methods: A total sample of (...) 1,097 German-speaking adults from the normal population filled in the MI-RSWB 12 via an online-survey. In line with theoretical assumptions 5 different factor structure models for the MI-RSWB 12 were tested: a single-factor model, a model with four correlated RSWB dimensions, a single higher-order model with four lower order factors, a two higher-order model with four lower order factors, a bifactor model, which includes four specific RSWB dimensions.Results: The single-factor model provided the poorest model fit, with no indices falling within the acceptable range. The four-factor, two higher-order factors and the bifactor models showed overall acceptable fit indices. With regard to the Akaike information criterion, the four-factor model demonstrated superiority compared to both the two higher-order factor model and the bifactor model, which in turn showed did not differ from each other.Conclusion: Four different MI-RSWB 12 sub-scales should be calculated in future studies, while a general factor and two higher order factors are statistically valid as well. Further applications of the MI-RSWB 12, especially in the clinical patient groups, are encouraged. (shrink)

Elf führende Neurowissenschaftler haben in einem Manifest, das große öffentliche Aufmerksamkeit erregt hat, das Konzept der Willensfreiheit in Frage gestellt. Der Autor verteidigt die Willensfreiheit. Er verortet sie im Sprachspiel verantwortlicher Urheberschaft, welches nur sichtbar wird aus der Teilnehmerperspektive, nicht jedoch aus dem naturwissenschaftlichen, objektivierenden Blickwinkel. Der epistemische Dualismus, der sich aus diesen beiden unterschiedlichen Perspektiven ergibt, erledigt allerdings nicht die ontologische Frage nach der monistischen Verfassung einer den Menschen als Naturwesen einschließenden Welt. Die szientistischen Lösungen dieses Problems werden erörtert. (...) Sie scheitern allesamt an der methodischen Fiktion eines exklusiven „Blicks von Nirgendwo”. Andererseits dispensiert auch die Reflexion auf die lebensweltlichen Grundlagen der naturwissenschaftlich konstituierten Gegenstandsbereiche nicht von der ungelösten Frage, wie der in soziokulturellen Lebensformen verkörperte Geist sich selbst als Produkt der natürlichen Evolution verstehen kann. (shrink)

As illustrated by the famous Ellsberg paradox, many subjects prefer to bet on events with known rather than with unknown probabilities, i.e., they are ambiguity averse. In an experiment, we examine subjects’ choices when there is an additional source of ambiguity, namely, when they do not know how much money they can win. Using a standard assumption on the joint set of priors, we show that ambiguity-averse subjects should continue to strictly prefer the urn with known probabilities. In contrast, our (...) results show that many subjects no longer exhibit such a strict preference. (shrink)