The standard property trilogy of private, commons, and state has become so outdated that it now impedes imagination and innovation at the frontiers of ownership. This essay suggests two approaches - creating new ideal types and synthesizing existing ones - that may help update our static property metaphors. Using these dynamic approaches to property analytics, legal theory can move beyond polarizing oppositions that have made jurisprudential debates unsolvable and rendered concrete problems invisible.

Hermann Heller’s critique of liberalism was both theoretical and conjunctural. He derided liberalism’s erosion of the concept of sovereignty and lamented liberalism’s complicity with the substantive inequality of his time. It its place, he argued for a restoration of the concept of popular sovereignty, as a dialectical formation of political unity and material equality through the democratic process. As a matter of political practice and strategy, however, Heller equivocated in his stance on the constitutional politics of the Weimar (...) Republic. He initially tolerated the abrogation of parliamentary democracy due to his faith in the neutrality of the state, before diagnosing the regime as a form of authoritarian liberalism determined by the capitalist economy. This article examines Heller’s theoretical and political critique of liberalism. It outlines Heller’s conception of popular sovereignty against both Kelsen’s legal rationalism and Schmitt’s political decisionism. It also examines the significance of the interwar conjuncture, highlighting that the turn of the bourgeoisie to authoritarianism and ultimately to fascism represented a continuity of the liberal elision of the principle of popular sovereignty. (shrink)

Widowhood is common in old age, can be accompanied by serious health consequences and is often linked to substantial changes in social network. Little is known about the impact of social isolation on the development of depressive symptoms over time taking widowhood into account. We provide results from the follow-up 5 to follow-up 9 from the longitudinal study AgeCoDe and its follow-up study AgeQualiDe. Depression was measured with GDS-15 and social isolation was assessed using the Lubben Social Network Scale (LSNS-6). (...) The group was aligned of married and widowed people in old age and education through entropy balancing. Linear mixed models were used to examine the frequency of occurrence of depressive symptoms for widowed and married elderly people depending on the risk of social isolation. Our study shows that widowhood alone does not lead to an increased occurrence of depressive symptoms. However, "widowed oldest old", who are also at risk of social isolation, have significantly more depressive symptoms than those without risk. In the group of "married oldest old", women have significantly more depressive symptoms than men, but isolated and non-isolated do not differ. Especially for people who have lost a spouse, the social network changes significantly and increases the risk for social isolation. This represents a risk factor for the occurrence of depressive symptoms. (shrink)

Objectives:Social isolation is increasing in aging societies and several studies have shown a relation with worse cognition in old age. However, less is known about the association in the oldest-old (85+); the group that is at highest risk for both social isolation and dementia. Methods:Analyses were based on follow-up 5 to 9 of the longitudinal German study on aging, cognition, and dementia in primary care patients (AgeCoDe) and the study on needs, health service use, costs, and health-related quality of life (...) in a large sample of oldest-old primary care patients (AgeQualiDe), a multi-center population-based prospective cohort study. Measurements included the Lubben Social Network Scale (LSNS-6), with a score below 12 indicating social isolation, as well as the Mini-Mental Status Examination (MMSE) as an indicator of cognitive function. Results:Dementia-free study participants (n = 942) were M = 86.4 (SD = 3.0) years old at observation onset, 68.2% were women. One third (32.3%) of them were socially isolated. Adjusted linear hybrid mixed effects models revealed significantly lower cognitive function in individuals with smaller social networks (β = 0.5, 95% CI = 0.3-0.7, p <.001). Moreover, changes in an individual's social network size were significantly associated with cognitive changes over time (β = 0.2, 95% CI = 0.1-0.4, p =.003), indicating worse cognitive function with shrinking social networks. Conclusion:Social isolation is highly prevalent among oldest-old individuals, being a risk factor for decreases in cognitive function. Consequently, it is important to maintain a socially active lifestyle into very old age. Likewise, this calls for effective ways to prevent social isolation. (shrink)

Mathematical tools of category theory are employed to study the syntax-semantics problem in the philosophy of mathematics. Every category has its internal logic, and if this logic is sufficiently rich, a given category provides semantics for a certain formal theory and, vice versa, for each formal theory one can construct a category, providing a semantics for it. There exists a pair of adjoint functors, Lang and Syn, between a category and a category of theories. These functors describe, in a formal (...) way, mutual dependencies between the syntactical structure of a formal theory and the internal logic of its semantics. Bell’s program to regard the world of topoi as the univers de discoursof mathematics and as a tool of its local interpretation, is extended to a collection of categories and all functors between them, called “categorical field”. This informal idea serves to study the interaction between syntax and semantics of mathematical theories, in an analogy to functors Lang and Syn. With the help of these concepts, the role of Gödel-like limitations in the categorical field is briefly discussed. Some suggestions are made concerning the syntax-semantics interaction as far as physical theories are concerned. (shrink)

The problem at stake: Can the scholastic notion of contingency be put in correspondence with a concept drawn from the conceptual equipment of the modern sciences in such a way that this time-honoured concept may be useful in our thinking about the world? It appears that the evolution of the idea constitutes something of a bridge connecting the medieval idea of contingency with the current scientific context, namely thinking about the place of humankind in the universe and the problem of (...) the beginning of the universe. The current scientific context in this respect is shaped by the concept of the multiverse. One can say that in current cosmological speculations, a single universe can be regarded as contingent, because it has no explanation, while the multiverse can be regarded as non-contingent, because it does not need any explanation. We discuss the correctness of this reasoning together with certain connected theological aspects. (shrink)

Property concerns conflicts — both conflicts between individuals and conflicts of interest. Conflicts between individuals have long been the paradigmatic property focus. According to this view, property debates circle around issues of autonomy and productive competition. But this is an impoverished view. In this Article, we shift attention to conflicts of interest. By helping people manage conflicts of interest, a well-governed property system balances interdependence with autonomy and productive cooperation with productive competition. We identify three mechanisms woven throughout property law (...) that help manage conflicts of interest: internalization of externalities; democratization of management; and de-escalation of transactions. We show that property law predictably selects among these mechanisms depending on the ratio of economic to social benefits that people seek from a group resource. When economic concerns predominate, property law typically uses contribution-based allocations of rights and responsibilities mediated by formal, foreground procedures, while at the social end of the spectrum we tend to see more egalitarian substantive rules operating as an informal, background safety net. (shrink)

The notion of common ground is important for the production of referring expressions: In order for a referring expression to be felicitous, it has to be based on shared information. But determining what information is shared and what information is privileged may require gathering information from multiple sources, and constantly coordinating and updating them, which might be computationally too intensive to affect the earliest moments of production. Previous work has found that speakers produce overinformative referring expressions, which include privileged names, (...) violating Grice’s Maxims, and concluded that this is because they do not mark the distinction between shared and privileged information. We demonstrate that speakers are in fact quite effective in marking this distinction in the form of their utterances. Nonetheless, under certain circumstances, speakers choose to overspecify privileged names. (shrink)

There exists a dispute in philosophy, going back at least to Leibniz, whether is it possible to view the world as a network of relations and relations between relations with the role of objects, between which these relations hold, entirely eliminated. Category theory seems to be the correct mathematical theory for clarifying conceptual possibilities in this respect. In this theory, objects acquire their identity either by definition, when in defining category we postulate the existence of objects, or formally by the (...) existence of identity morphisms. We show that it is perfectly possible to get rid of the identity of objects by definition, but the formal identity of objects remains as an essential element of the theory. This can be achieved by defining category exclusively in terms of morphisms and identity morphisms and, analogously, by defining category theory entirely in terms of functors and identity functors. With objects and categories eliminated, we focus on the “philosophy of arrows” and the roles various identities play in it. This perspective elucidates a contrast between “set ontology” and “categorical ontology”. (shrink)

Some physical aspects of Teilhard's synthesis are focused upon and confronted with the recent achievements of physics and cosmology. The stuff of the universe, according to modern physical theories, has become something more similar to a structure or form than to inert pieces of material substratum. Directedness of time and history no longer seems to be an ontological a priori of any existence, but rather an outcome of finely tuned initial conditions. And the growth of complexity is now regarded as (...) a process emerging out of physical laws rather than a foreign element in the body of physics. The question is considered of how these results affect Teilhard de Chardin's vision of the world. (shrink)

In “The Choice Theory of Contracts,” we explain contractual freedom and celebrate the plurality of contract types. Here, we reply to critics by refining choice theory and showing how it fits and shapes what we term the “Contract Canon”. I. Freedom. (1) Charles Fried challenges our account of Kantian autonomy, but his views, we show, largely converge with choice theory. (2) Nathan Oman argues for a commerce-enhancing account of autonomy. We counter that he arbitrarily slights noncommercial spheres central to human (...) interaction. (3) Yitzhak Benbaji suggests that choice theory’s commitment to autonomy is overly perfectionist. Happily, in response to Benbaji, we can cite with approval Charles Fried’s point that contract types are “enabling our liberties.” II. Choice. (4) Aditi Bagchi criticizes our inattention to impediments to choice. We show how choice theory’s commitments to both multiplicity and relational justice ameliorate these impediments. (5) Gregory Klass explores parol evidence to highlight the mechanisms of choice. We substantially concur with his position, and show how such mechanisms can ensure voluntariness, an essential element of choice. (6) Oren Bar-Gill and Clayton Gillette question the institutional capacity of existing legal actors to implement choice theory. Working from the example of cohabitation, we offer a somewhat more optimistic view. III. Contracts. (7) Peter Benson contends our focus on the rational slights the reasonable. Although we did not use this Rawlsian vocabulary, choice theory complies with its strictures — more so than transfer theory. (8) Daniel Markovits and Alan Schwartz claim provocatively that contract theory must: capitulate before pluralism (as they endorse); leverage it; or fall victim to a so-called “embracing” approach (their charge against us). We reject the charge that choice theory is foundationally value-pluralist. Instead, we cabin pluralism and put it to work. (9) The Contract Canon starts on the next big step for choice theory by explaining existing doctrine (rebutting Benson on lack of fit) and helping adjudicate contract practice (countering Markovits and Schwartz on the vices of our pluralism). Each Article in this Issue advances the field; each prompts us to refine choice theory — all steps, we hope, toward a more just and justified law of contract. (shrink)

This article outlines the contributions of the Kraków School to the field of science and religion. The Kraków School is a group of philosophers, scientists, and theologians who belong to the milieu of the Copernicus Center for Interdisciplinary Studies. The members of the group are engaged in inquiries pertaining to the relationship between theology and various sciences, in particular cosmology, evolutionary theory, and neuroscience. The article includes a presentation of the historical background of the School, as well as its main (...) original contributions pertaining to the history of the interactions between science and religion, the rationality and mathematicity of the universe, theology of science, and the role of logic in theology. (shrink)

The first task of the philosophy of nature -- The problem of elementarity -- The philosophical myth of creation : the Platonic philosophy of nature -- Aristotle's Physics -- Aristotle's method of cosmological speculation -- Descartes' mechanism -- Isaac Newton and the mathematical principles of natural philosophy -- The world of Leibniz : the best of all possible worlds -- Immanuel Kant : the a priori conditions of the sciences -- The romantic philosophy of nature -- The cosmology of Whitehead: (...) the universe as process -- Popper's open universe -- Science as philosophy -- Problems and methods of the philosophy of nature. (shrink)

One of the most important and most frequently discussed theological problems related to cosmology is the creation problem. Unfortunately, it is usually considered in a context of a rather simplistic understanding of the initial singularity (often referred to as the Big Bang). This review of the initial singularity problem considers its evolution in twentieth‐century cosmology and develops methodological rules of its theological (and philosophical) interpretations. The recent work on the “noncommutative structure of singularities” suggests that on the fundamental level (below (...) the Planck's scale) the concepts of space, time, and localization are meaningless and that there is no distinction between singular and nonsingular states of the universe. In spite of the fact that at this level there is no time, one can meaningfully speak about dynamics, albeit in a generalized sense. Space, time, and singularities appear only in the transition process to the macroscopic physics. This idea, explored here in more detail, clearly favors an atemporal understanding of creation. (shrink)

We discuss the following problems, plaguing the present search for the “final theory”: (1) How to find a mathematical structure rich enough to be suitably approximated by the mathematical structures of general relativity and quantum mechanics? (2) How to reconcile nonlocal phenomena of quantum mechanics with time honored causality and reality postulates? (3) Does the collapse of the wave function contain some hints concerning the future quantum gravity theory? (4) It seems that the final theory cannot avoid the problem of (...) dynamics, and consequently the problem of time. What kind of time, if this theory is supposed to be background free? (5) Will the dynamics of the “final theory” be probabilistic? Quantum probability exhibits some essential differences as compared with classical probability; are they but variations of some more general probabilistic measure theory? (6) Do we need a radically new interpretation of quantum mechanics, or rather an entirely new theory of which the present quantum mechanics is an approximation? (7) If the final theory is to be background free, it should provide a mechanism of space-time generation. Should we try to explain not only the generation of space-time, but also the generation of its material content? (8) As far as the existence of the initial singularity is concerned, one usually expects either “yes” or “not” answers from the final theory. However, if the mathematical structure of the future theory is supposed to be truly more general that the mathematical structures of the present general relativity and quantum mechanics, is a “third answer“ possible? Could this third answer be related to the probabilistic character of the final theory? We discuss these questions in the framework of a working model unifying gravity and quanta. The analysis reveals unexpected aspects of these rather wildly discussed issues. (shrink)

The dark matter and dark energy problem, that is now dominating the research in cosmology, makes the question of the origin of mass-energy content of the universe more urgent than ever. There are two philosophies regarding this question: according to Mach’s principle it is matter that generates geometry of space-time, and according to Wheeler’s geometrodynamics some configurations of space-time geometry are to be interpreted as its material content. Neither of these philosophies has led to success. In the present paper, we (...) show that there exists an algebraic generalisation of geometry that reconciles, in a sense, these two seemingly opposite standpoints. The geometry is constructed with the help of a noncommutative algebra of smooth functions on a groupoid and its derivations. The groupoid in question has a nice physical interpretation: it can be regarded as a space of Lorentz rotations. In this way, Lorentz symmetries are inherent to the generalised geometry of space-time. We define the action for this geometry and, by varying it, obtain generalised vacuum Einstein equations. It turns out that these equations contain additional terms which are naturally interpreted as the components of the energy-momentum tensor. Matter is thus created out of purely geometric degrees of freedom. We find two exact solutions. We argue that the creation of matter, being a global effect, makes the contrast between Mach and Wheeler philosophies ineffective. (shrink)

The essence of the method of physics is inseparably connected with the problem of interplay between local and global properties of the universe. In the present paper we discuss this interplay as it is present in three major departments of contemporary physics: general relativity, quantum mechanics and some attempts at quantizing gravity (especially geometrodynamics and its recent successors in the form of various pregeometry conceptions). It turns out that all big interpretative issues involved in this problem point towards the necessity (...) of changing from the standard space-time geometry to some radically new, most probably non-local, generalization. We argue that the recent noncommutative geometry offers attractive possibilities, and gives us a conceptual insight into its algebraic foundations. Noncommutative spaces are, in general, non-local, and their applications to physics, known at present, seem very promising. One would expect that beneath the Planck threshold there reigns a "noncommutative pregeometry", and only when crossing this threshold does the usual space-time geometry emerges. (shrink)

In ‘The Choice Theory of Contracts’, we advance a claim about the centrality of autonomy to contract. Since publishing Choice Theory, we have engaged dozens of reviews and responses; here, we reply to Robert Stevens, Arthur Ripstein, and Brian Bix. All this rigorous debate confirms for us one core point: contract’s ultimate value must be autonomy, properly understood and refined. Autonomy is the telos of contract and its grounding principle. In Choice Theory, we stressed the proactive facilitation component of autonomy, (...) in particular, the state’s obligation regarding contract types. Here, we highlight two additional, necessary implications of autonomy for contract: regard for future selves and relational justice. These three aspects of autonomy shape the range, limit, and floor, respectively, for the legitimate use of contract. They provide a principled and constrained path for law reform. (shrink)

In the 20th century the infiltration of scientific elements into philosophical currents not only reached its maximum, but also science itself became a "philosophical factor". We look at these processes in physics starting from the fall of mechanistic philosophy. The advent of relativity theory and quantum mechanics has changed physics as science and raised a host of philosophical questions. Traditionally philosophical questions concerning space, time and causality cannot be any longer considered with no help of these theories. Relativistic cosmology and (...) its observational successes in the last decades of the century, for the first time in the history of human thought, provided a global framework for both science and philosophy. And the current search for the final unifying theory of physics leads directly to the most foundational questions of an ontological character. We argue that the success of the 20th century physics strongly suggests a kind of structuralist ontology. /// No século XX, a infiltração de elementos científicos nas correntes filosóficas não só alcançou o seu máximo, mas também é verdade que a própria ciência se tornou um "factor filosófico". O presente artigo considera estes processos na física, a começar com a decadência da filosofia mecanicista. O advento da teoria da relatividade e da mecânica quântica transformou a física enquanto ciência e levantou uma plêiade de questões filosóficas. Questões tradicionais acerca do espaço, do tempo e da causalidade não podem mais ser consideradas sem o contributo destas teorias. A cosmologia relati-vista e os seus sucessos observacionais nas últimas décadas do século passado, e isso pela primeira vez na história do pensamento humano, fornecem um esquema global tanto para a ciência como para a filosofia. Além disso, a busca corrente de uma última teoria unificadora da física conduz directamente às questões mais fundacionais de carácter ontológico. O autor do artigo defende que os sucessos da física do século XX sugerem fortemente uma espécie de ontologia estruturalista. (shrink)

Background: Multiple studies have shown that people who have experienced a serious health problem such as an injury tend to overrate the quality of health they had before that event. The main objective of this study was to test whether the phenomenon of respondents overrating their past health can also be observed in people from the general population. A second aim was to test whether habitual optimism is indeed focused on events in the future.Method: A representatively selected community sample from (...) Leipzig, Germany was examined. Respondents were asked to assess their current health, their past health, and their expected future health on a 0–100 scale. In addition, the study participants completed several questionnaires on specific aspects of physical and mental health.Results: Respondents of all age groups assessed their health as having been better in the past than it was at present. Moreover, they also assessed their earlier state of health more positively than people 5 years younger did their current state. Habitual optimism was associated with respondents having more positive expectations of how healthy they will be in 5 years time, but the correlation with their assessments of their current health was nearly as high.Conclusion: Highly positive scores of retrospectively assessed health among people who have experienced a health problem cannot totally be accounted for by a response to that health problem. (shrink)

Contract and employment law have grown apart. Long ago, each side gave up on the other. In this Article, we reunite them to the betterment of both. In brief, we demonstrate the emancipatory potential of contract for the law of work. Today, the dominant contract theories assume a widget transaction between substantively equal parties. If this were an accurate description of what contract is, then contract law would be right to expel workers. Worker protections would indeed be better regulated by—and (...) relegated to—employment and labor law. But contract law is not what contract theorists claim. Neither is contract law what the dominant employment theorists fear—a domain that necessarily misses the constitutive place of work in people’s life-plans and overlooks the systemic vulnerability of workers to their employers. Contract, we contend, is not work law’s canonical “other.” Rightly understood, contract is an autonomy-enhancing device, one founded on the fundamental liberal commitment of reciprocal respect for self-determination. From this “choice theory” perspective, the presumed opposition between employment and contract law dissolves. We show that many employment law doctrines are not external to contract, but are instead entailed in liberal contract itself. Grounding worker protections in contract theory has two salutary effects. First, it offers workers more secure protection than that afforded by their reliance on momentary public-law compromises. Second, it reveals contract’s emancipatory potential for all of us—not just as workers, but also as widget buyers. Contract can empower, and employment can show the way. (shrink)

The work under consideration gives a thorough analysis of different kinds of skepticism and a very laborious chain of reasoning leading to skepticism's refutation. Many important problems, such as principles of justification and explanation, tests for economy and simplicity, and so on, appear as side issues of the main stream of reasoning. This stream is called by the author the "master argument." Its objective is to refute the form of skepticism which asserts that it is unreasonable for human beings "to (...) believe any claim entailing there are particular unperceived physical objects, past events, future events, or mental phenomena of others." The most important products of this "long, tortuous route to the conclusion" are--in the author's eyes--a particular theory of empirical justification, and a refutation of the "skepticism about induction.". (shrink)

The author's transition from physics to the history of science was caused in a large part by his desire "to know more about the relativity paper and its author". Indeed, the entire book could be considered as an exegesis of the Einstein paper "On the Electrodynamics of Moving Bodies" and its broad physical and philosophical background. The special theory of relativity not only opened a new era in physics but it also changed the philosophical perspective from which man looks at (...) the universe. Intellectual struggles around the foundations of physics in the first decade of our century throw a new light on the "drama of science": "The drama of science in the making centered on the interplay between empirical data and physical theory, the clinging to notions that were neither always articulable nor clearly testable, the great investment of effort in empirical data and in already existing physical theories, and the irresistible drive toward the long-sought-after unification of the sciences". (shrink)

J. L. Synge argued that "Euclid put us on the wrong track by taking space as the primary concept of science and relegating time to a poor second." This situation, however, has changed nowadays by reason of the influence of recent developments of Einstein's relativity theory. Whitrow himself has taken a significant role in promoting time studies. The book now under consideration is the second, completely revised edition ; its goal is to give a general framework for the study of (...) time. Let us have a closer look at the book's content. (shrink)

"The 'new' often consists not in the invention of new categories of thought but rather in surprising employment of existing ones". The book proves this thesis, in an ingenious manner, as far as the origins of modern science are concerned. For a contemporary historian of science, the idea that the sciences had their roots in philosophical and theological thinking of the Middle Ages is hardly a surprise, but to know exactly how this did happen makes a profound difference. The book (...) is not based on new texts or new findings in the history of science--the author calls it "an interpretative essay only"--but it offers a deep insight into the evolution of concepts and ideas. The reader, under the author's guidance, can trace some evolutionary paths in a very detailed manner. In spite of being "an interpretative essay," it is the solid work of a historian. (shrink)

The author focuses on the tension "realism - idealism" in the philosophy of mathematics, but he does that from the perspective of a theoretical physicist. It is not only that one's standpoint in the philosophy of mathematics determines our understanding of the effectiveness of mathematics in physics, but also the fact that mathematics is so effective in physical sciences tells us something about the nature of mathematics.

We propose to model spacetime by a differential space rather than by a differential manifold. A differential space is the pair (M, C), where M is any set, and C a family of real functions on M, satisfying certain axioms; C is called a differential structure of a corresponding differential space. This concept suitably generalizes the manifold concept. We show that C can be chosen in such a way that it contains all information about the causal structure of spacetime. This (...) information can be read out of C with the help of only one postulate, namely that physical signals travel along piecewise smooth curves in (M, C). We effectively construct the Minkowski spacetime, with its cone structure, in this way. Some comments are made. (shrink)

Written by philosophers, cosmologists, and physicists, this collection of essays deals with causality, which is a core issue for both science and philosophy. Readers will learn about different types of causality in complex systems and about new perspectives on this issue based on physical and cosmological considerations. In addition, the book includes essays pertaining to the problem of causality in ancient Greek philosophy, and to the problem of God's relation to the causal structures of nature viewed in the light of (...) contemporary physics and cosmology. [Subject: Philosophy, Cosmology, Physics, Religious Studies]. (shrink)

English summary: Hermann Heller developed a modern theory of politics as a whole which made him the father of political science in Germany. Michael Henkel traces the internal development of Heller's work, provides the first analysis of his basic concepts of social theory and does a systematic reconstruction of Heller's later theories. German description: Hermann Heller (1891-1933) ist einer Gruppe von deutschen Staatsrechtslehrern der Weimarer Republik zuzurechnen, die sich gegen eine positivistische Beschrankung der Staatsrechtslehre auf (...) rechtsnormative Fragen wandte und die eine Berucksichtigung sozialer, politischer und historischer Aspekte des Staates in eine juristische Wissenschaft vom Verfassungsstaat einforderte. Im Unterschied zu den anderen Vertretern einer solchen antipositivistischen Position zielte Heller nicht nur auf eine Neubesinnung der juristischen Staatslehre, sondern daruber hinaus auf die theoretische Grundlegung einer modernen Politikwissenschaft. Dies suchte er durch die Ausfuhrung einer systematischen Theorie der Politik und des Staates zu realisieren, die vor allem in seinem Hauptwerk Staatslehre entfaltet ist.Michael Henkel unternimmt eine systematische Rekonstruktion dieser Theorie Hellers. Dabei werden die Genese der Theorie und sodann erstmals in der Forschung die sozialtheoretischen Grundlagen von Hellers Ansatz detailliert offengelegt und in ihren theoriegeschichtlichen Zusammenhang eingeordnet. Der Autor zeigt auch, wie Hellers wissenschaftliches Unternehmen als die spezifisch politikwissenschaftliche Auspragung einer Sozialtheorie begriffen werden muss, die er im Leipzig der Zwischenkriegszeit gemeinsam mit seinen Kollegen Theodor Litt und Hans Freyer formuliert hat.Schliesslich wird Hellers Theorie im Lichte aktueller Debatten in der Politikwissenschaft und der deutschen Staatsrechtslehre auf ihre Aktualitat hin befragt. Hierbei erweist sich Hellers Ansatz als fur eine Selbstverstandigung der heutigen Politikwissenschaft uberaus fruchtbar. (shrink)

In this book - which is written by the 2008 Templeton Prize laureate Michael Heller - the problems of chance and probability are seen in light of the advancements of physics and biology. Heller's claim is that chance finds its place within the structure of the universe and cosmic evolution. His insightful remarks may be considered a critique of both Dawkins' 'blind watchmaker' approach and Dembski's 'intelligent design' perspective. Heller is a cosmologist, a philosopher, the director (...) of the Copernicus Center for Interdisciplinary Studies in Krakow, a professor at the John Paul II University in Krakow, and an adjunct member of the Vatican Observatory. (shrink)

Metaphysics: Contemporary Readings is a comprehensive anthology that draws together leading philosophers writing on the major themes in Metaphysics. Chapters appear under the headings: Universals Particulars Modality and Possible Worlds Causation Time Persistence Realism and Anti-Realism Each section is prefaced by an introductory essay by the editor which guides students gently into each topic. Articles by the following leading philosophers are included: Allaire, Anscombe, Armstrong, Black, Broad, Casullo, Dummett, Ewing, Heller, Hume, Kripke, Lewis, Mackie, McTaggart, Mellor, Merricks , Parfit, (...) Plantinga, Price, Prior, Putnam, Quine, Russell, Smart, Swinburne, Taylor , Van Cleve, van Inwagen, Williams Featuring a new section on causation, this new edition is highly accessible and provides a broad-ranging exploration of the subject. Ideal for any philosophy student, this reader will prove essential reading for any metaphysics course. The sections and selections of readings have been updated to complement Michael Loux's textbook Metaphysics: A Contemporary Introduction , third edition. (shrink)

The relationship of Marxist thought to the phenomena of everyday life and utopia, both separately and in terms of their intersection, is a complex and often ambiguous one. In this article, I seek to trace some of the theoretical filiations of a critical Marxist approach to their convergence (as stemming mainly from a Central European tradition), in order to tease out some of the more significant ambivalences and semantic shifts involved in its theorization. This lineage originates in the work of (...) Karl Marx and Friedrich Engels, then stretches to Georg Lukács and the so-called ‘Gnostic Marxism’ of Walter Benjamin (as mediated by the important figure of Georg Simmel), and culminating most recently in the work of Agnes Heller. Such a Marxist theory is inseparable from a political project that seeks to unveil and critique what it takes to be the debased, routinized and ideological qualities of daily existence under the auspices of modern capitalist society, but also attempts to locate certain emancipatory tendencies within this selfsame terrain, an orientation that can be summed up in the phrase ‘everyday utopianism’. Although there are occasional lapses into dualistic modes of thinking in the work of these writers, the key insight they present to us is the need to overcome the pervasive dichotomy between the everyday/immanent and the utopian/transcendental, of a sort that has bedevilled the work of many other theorists and intellectual traditions. (shrink)

This paper focusses on our concerns about revelations about sexual harassment in universities and the inadequate responses whereby some universities seem more concerned about their own reputations than the care and protection of their students. Seldom do cases go to criminal court, instead they mostly fall within employment relations policies where the use of non-disclosure agreements are double edged, such that some perpetrators remain nameless even if the person offended against wants details made public. Of course if the staff member (...) does not resign or take retirement prior to potential dismissal, but remains in the institution, the grapevine still works. Universities too often become complicit in cover-ups at the expense of further potential victims of sexual misconduct. It has been with much dismay that we found that despite extensive training and writing about ethics some senior professors in philosophy fields have been accused and found wanting, disabusing us of the virtue assumption. Despite these recent instances where perpetrators have been named and been publicised in the media, we found that this is not in fact new, so not only does the paper look to the past, but also extensively it uses contemporary accounts, reports and documents from USA, UK, South America, Australia, and New Zealand. These seem to be the tip of the iceberg, so our hope is that all students and staff in universities (and in fact all institutions where there are inherent power imbalances) will not only feel safe, but that they will be safe as universities become genuinely ethical institutions. (shrink)

Metaphysics: Contemporary Readings is a comprehensive anthology that draws together leading philosophers writing on the major themes in Metaphysics. Chapters appear under the headings: Universals Particulars Modality and Possible Worlds Causation Time Persistence Realism and Anti-Realism. Each section is prefaced by an introductory essay by the editor which guides students gently into each topic. Articles by the following leading philosophers are included: Allaire, Anscombe, Armstrong, Black, Broad, Casullo, Dummett, Ewing, Heller, Hume, Kripke, Lewis, Mackie, McTaggart, Mellor, Merricks , Parfit, (...) Plantinga, Price, Prior, Putnam, Quine, Russell, Smart, Swinburne, Taylor , Van Cleve, van Inwagen, Williams. Featuring a new section on causation, this new edition is highly accessible and provides a broad-ranging exploration of the subject. Ideal for any philosophy student, this reader will prove essential reading for any metaphysics course. The sections and selections of readings have been updated to complement Michael Loux’s textbook Metaphysics: A Contemporary Introduction , third edition. (shrink)

This is the second book by Michael Heller which presents to English readers his previously written papers on science and theology. The first one, The New Physics and a New Theology is worth mentioning in this context because in it, Michael Heller proposes a new direction in theology - the theology of science. The theology of science as envisioned by Heller is defined as an authentic theological reflection on the existence, foundations, methods, and results of (...) modern science. Its purpose is to break down the mutual lack of trust between science and theology and to help theology advance to a new stage, where it can participate creatively in the currents of modern thought. Philosophers of science examine the boundaries of natural science and what can be known by the methods of science alone. Theology extends beyond these boundaries to include the supernatural, although Heller is far from embracing any kind of dualism. His way of extending these boundaries is different. A good example is provided by Einstein's famous question, „Why is the world comprehensible?" Neither Einstein nor any other philosopher or scientist is able to answer this question. It is theology that has to take over and seek the answer to Einstein's question. Heller provides more similar issues. (shrink)

This paper presents Michael Heller’s notion of “philosophy in science” and re-introduces Michael Heller’s classical text that first presented this concept of philosophy entitled How is “philosophy in science” possible?. The paper discusses the historical context of Heller’s idea as it emerged from the discussions and works of the Krakow philosophical scene and discusses the basic tenants of this philosophy, its analytic character, the role of intellectual tradition in the development of this philosophy, and the (...) critical role played by an interdisciplinary dialogue between philosophy, science, and theology. Despite the idea of philosophy in science having emerged about 40 years ago, this concept still inspires and fuels innovative research. The notion of “philosophy in science” lies at the foundations of the philosophy published in two journals: Philosophical Problems in Science and Philosophy in Science. (shrink)

In District of Columbia v. Heller, the Supreme Court is anticipated to finally decide whether the Second Amendment is an individual or a collective right. This article is not about the textual and historical arguments on the basis of which the Court is likely to make its decision. My topic is more fundamental. Assuming that the Second Amendment protects an individual right, what purpose does it serve? What are the possible reasons that private arms possession is sufficiently valuable to (...) deserve constitutional protection? Because it was insufficiently sensitive to the variety of justifications available, the majority in Parker v. District of Columbia (the D.C. Circuit case appealed in Heller) failed to identify the purposes of the Second Amendment. The passing comments it made were compatible with a large number of very different justifications. Second Amendment advocates have also been surprisingly muddled on the issue. This confusion has gone unnoticed because no one has, until now, offered a philosophically rigorous account of the justifications available and the important distinctions between them. Clarity about the value of private arms possession is essential for determining the scope of the Second Amendment under an individual right interpretation - a project that lower courts will be forced to undertake if Parker is affirmed. Courts commonly interpret the scope of a constitutional right in light of the interests the right protects. For this reason, they need a clear conception of why individuals have an interest in private arms possession. I offer this article as a first, but crucial, step toward answering this question. (shrink)

In this paper the machinery and results developed in [Awodey et al, 2004] are extended to the study of constructive set theories. Specifically, we introduce two constructive set theories BCST and CST and prove that they are sound and complete with respect to models in categories with certain structure. Specifically, basic categories of classes and categories of classes are axiomatized and shown to provide models of the aforementioned set theories. Finally, models of these theories are constructed in the category of (...) ideals. (shrink)

For focal neurodegenerative diseases or brain tumors, localized delivery of protein or genetic vectors may be sufficient to alleviate symptoms, halt disease progression, or even cure the disease. One may circumvent the limitation imposed by the blood-brain barrier by transplantation of genetically altered cell grafts or focal inoculation of virus or protein. However, permanent gene replacement therapy for diseases affecting the entire brain will require global delivery of genetic vectors. The neurotoxicity of currently available viral vectors and the transient nature (...) of transgene expression invivomust be overcome before their use in human gene therapy becomes clinically applicable. (shrink)

To advance current knowledge on ethical decision-making in organizations, we integrate two perspectives that have thus far developed independently: the organizational identification perspective and the ethical climate perspective. We illustrate the interaction between these perspectives in two studies, in which we presented participants with moral business dilemmas. Specifically, we found that organizational identification increased moral decision-making only when the organization’s climate was perceived to be ethical. In addition, we disentangle this effect in Study 2 from participants’ moral identity. We argue (...) that the interactive influence of organizational identification and ethical climate, rather than the independent influence of either of these perspectives, is crucial for understanding moral decision-making in organizations. (shrink)

Anxiety disorders are among the most prevalent mental disorders. Present treatments such as cognitive behavior therapy and pharmacological treatments show only moderate success, which emphasizes the importance for the development of new treatment protocols. Non-invasive brain stimulation methods such as repetitive transcranial magnetic stimulation and transcranial direct current stimulation have been probed as therapeutic option for anxiety disorders in recent years. Mechanistic information about their mode of action, and most efficient protocols is however limited. Here the fear extinction model can (...) serve as a model of exposure therapies for studying therapeutic mechanisms, and development of appropriate intervention protocols. We systematically reviewed 30 research articles that investigated the impact of rTMS and tDCS on fear memory and extinction in animal models and humans, in clinical and healthy populations. The results of these studies suggest that tDCS and rTMS can be efficient methods to modulate fear memory and extinction. Furthermore, excitability-enhancing stimulation applied over the vmPFC showed the strongest potential to enhance fear extinction. We further discuss factors that determine the efficacy of rTMS and tDCS in the context of the fear extinction model and provide future directions to optimize parameters and protocols of stimulation for research and treatment. (shrink)

The rise of precision medicine has led to an unprecedented focus on human biological material in biomedical research. In addition, rapid advances in stem cell technology, regenerative medicine and synthetic biology are leading to more complex human tissue structures and new applications with tremendous potential for medicine. While promising, these developments also raise several ethical and practical challenges which have been the subject of extensive academic debate. These debates have led to increasing calls for longitudinal governance arrangements between tissue providers (...) and biobanks that go beyond the initial moment of obtaining consent, such as closer involvement of tissue providers in what happens to their tissue, and more active participatory approaches to the governance of biobanks. However, in spite of these calls, such measures are being adopted slowly in practice, and there remains a strong tendency to focus on the consent procedure as the tool for addressing the ethical challenges of contemporary biobanking. In this paper, we argue that one of the barriers to this transition is the dominant language pervading the field of human tissue research, in which the provision of tissue is phrased as a ‘donation’ or ‘gift’, and tissue providers are referred to as ‘donors’. Because of the performative qualities of language, the effect of using ‘donation’ and ‘donor’ shapes a professional culture in which biobank participants are perceived as passive providers of tissue free from further considerations or entitlements. This hampers the kind of participatory approaches to governance that are deemed necessary to adequately address the ethical challenges currently faced in human tissue research. Rather than reinforcing this idea through language, we need to pave the way for the kind of participatory approaches to governance that are being extensively argued for by starting with the appropriate terminology. (shrink)