Mit dem Inkrafttreten des Trustgesetzes im Jahr 2001 hat der Trust, eine der ureigensten Institutionen des Law, Eingang in das chinesische Zivilrecht gefunden. Der vorliegende Band stellt die Geschichte und die gesetzlichen Grundlagen des chinesischen Trust vor und untersucht dessen Regelungen unter Berücksichtigung des englischen Trustrechts und des Rechts der deutschen Verwaltungstreuhand. Die Arbeit geht dabei insbesondere der Frage nach, welche rechtsdogmatischen und kulturellen Gesichtspunkte den chinesischen Gesetzgeber bei der Rezeption des Trust geleitet haben.

"Margaret L. King has put together a highly representative selection of readings from most of the more significant—but by no means the most obvious—texts by the authors who made up the movement we have come to call the 'Enlightenment.' They range across much of Europe and the Americas, and from the early seventeenth century until the end of the eighteenth. In the originality of the choice of texts, in its range and depth, this collection offers both wide coverage and striking (...) insights into the intellectual transformation which has done more than any other to shape the world in which we live today. It is _simply the best introduction to the subject now available_."_ —Anthony Pagden, UCLA, and author of _The Enlightenment and Why It Still Matters_ Contents:_ Chronology, Introduction _Chapter One - Casting Out Idols: 1620–1697_ _Idols, or false notions: _Francis Bacon, _The New Instrument_ _I think, therefore I am: _René Descartes, Discourse on Method _God, or Nature: _Baruch Spinoza, _Ethics_ _The system of the world: _Isaac Newton, _Mathematical Principles of Natural Philosophy_ _He searched for truth throughout his life: _Pierre Bayle, _Historical and Critical Dictionary_ _Chapter Two - _The Learned Maid: 1638–1740 _A face raised toward heaven:_ Anna Maria van Schurman, _Whether the Study of Letters Befits a Christian Woman_ _The worlds I have made:_ Margaret Cavendish, _The Blazing World_ _A finer sort of cattle:_ Bathsua Makin, _An Essay to Revive the Ancient Education of Gentlewomen_ _I warn you of the world:_ Madame de Maintenon, _Letter: On the Education of the Demoiselles of Saint-Cyr_, and _Instruction: On the World_ _The daybreak of your reason:_ Émilie Du Châtelet, _Fundamentals of Physics_ _Chapter Three - _A State of Perfect Freedom: 1689–1695 _The chief criterion of the True Church:_ John Locke, _Letter on Toleration_ _Freedom from any superior power on earth:_ John Locke, _Second Treatise on Civil Government_ _A white paper, with nothing written on it:_ John Locke, _Essay Concerning Human Understanding_ _Let your rules be as few as possible:_ John Locke, _Some Thoughts Concerning Education_ _From death, Jesus Christ restores all to life:_ John Locke, _The Reasonableness of Christianity, as Delivered in the Scriptures_ _Chapter Four - All Things Made New: 1725–1784_ _In the wilderness, they are reborn:_ Giambattista Vico, _The New Science_ _Without these Names, nothing can be known,_ Carl Linnaeus, _System of Nature_ _All the clouds at last are lifted:_ Anne Robert Jacques Turgot, _The Successive Advancement of the Human Mind_ _A genealogical or encyclopedic tree of knowledge:_ Jean le Rond d’Alembert, _Preliminary Discourse_ _Dare to know! :_ Immanuel Kant, _What Is Enlightenment?_ _Chapter Five - Mind, Soul, and God: 1740–1779_ _The narrow limits of human understanding:_ David Hume, _Anof a Book Lately Published_ _The soul is but an empty word:_ Julien Offray de La Mettrie, _Man a Machine_ _All is reduced to sensation:_ Claude Adrien Helvétius, _On the Mind_ _An endless web of fantasies and falsehoods:_ Paul-Henri Thiry, baron d’Holbach, _Common Sense_ _Let each believe that his own ring is real:_ Gotthold Ephraim Lessing, _Nathan the Wise_ _Chapter Six - Crush That Infamous Thing: 1733–1764_ _This is the country of sects:_ Voltaire, _Philosophical Letters_ _Disfigured by myth, until enlightenment comes:_ Voltaire, _The Culture and Spirit of Nations_ _The best of all possible worlds:_ Voltaire, _Candide_ _Are we not all children of the same God?:_ Voltaire, _Treatise on Tolerance_ _If a book displeases you, refute it! :_ Voltaire, _Philosophical Dictionary_ _Chapter Seven - Toward the Greater Good: 1748–1776_ _Things must be so ordered that power checks power,_ Charles de Secondat, baron de Montesquieu, _The Spirit of the Laws_ _Complete freedom of trade must be ensured:_ François Quesnay, _General Maxims for the Economic Management of an Agricultural Kingdom_ _The nation's war against the citizen: Cesare_ Beccaria, _On Crimes and Punishments_ _There is no peace in the absence of justice:_ Adam Ferguson, _An Essay on the History of Civil Society_ _Led by an invisible hand:_ Adam Smith, _An Inquiry into the Nature and Causes of the Wealth of Nations_ _Chapter Eight - Encountering Others: 1688–1785_ _Thus died this great man:_ Aphra Behn, _Oroonoko: or The Royal Slave_ _Not one sins the less for not being Christian: _Lady Mary Wortley Montagu, _Embassy Letters_ _Do you not restore to them their liberty?:_ Guillaume-Thomas Raynal, _Philosophical and Political History of European Colonies and Commerce in the Two Indies_ _Some things which are rather interesting:_ Captain James Cook, _Voyage towards the South Pole, and Round the World_ _The inner genius of my being:_ Johann Gottfried von Herder, _Ideas for a Philosophy of the History of Humankind_ _Chapter - Nine Citizen of Geneva: 1755–1782_ _The most cunning project ever to enter the human mind: _Jean-Jacques Rousseau, _Discourse on the Origin and Foundations of Human Inequality_ _The supreme direction of the General Will:_ Jean-Jacques Rousseau, The Social Contract _Two lovers from a small town at the foot of the Alps,_ Jean-Jacques Rousseau, _Julie, or the New Heloise_ _Build a fence around your child’s soul:_ Jean-Jacques Rousseau, _Emile, or On Education_ _This man will be myself:_ Jean-Jacques Rousseau, _Confessions_ _Chapter Ten - Vindications of Women: 1685–1792_ _No higher design than to get her a husband:_ Mary Astell, _Reflections on Marriage_ _The days of my bondage begin:_ Anna Stanisławska, _Orphan Girl_ _A dying victim dragged to the altar:_ Denis Diderot, _The Nun_ _Created to be the toy of man:_ Mary Wollstonecraft, _Vindication of the Rights of Woman_ _Man, are you capable of being just?:_ Olympe de Gouges, _Declaration of the Rights of Woman as Citizen_ _Chapter Eleven - American Reverberations: 1771–1792_ _I took upon me to assert my freedom:_ Benjamin Franklin, _Autobiography_ _Freedom has been hunted round the globe:_ Thomas Paine, _Common Sense_ _Endowed by their Creator with certain unalienable Rights:_ Thomas Jefferson and Others, _Declaration of Independence_ _A safeguard against faction and insurrection:_ James Madison, _Federalist No. 10_ _An end to government by force and fraud:_ Thomas Paine, _The Rights of Man_ _Chapter Twelve - Enlightenment's End: 1790–1794_ _A partnership of the living, the dead, and those unborn:_ Edmund Burke, _Reflections on the Revolution in France_ _The future destiny of the human species:_ Nicolas de Condorcet, _A Sketch of a Historical Portrait of the Progress of the Human Mind_ Texts and Studies, Index. 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This chapter contains sections titled: * Margaret Cavendish (1623–1673) * Anne Conway (1631–1679) * Aphra Behn (1640–1689) * Mary Astell (1666–1731) * Conclusion * Notes * References.

This book examines the epistemic function of perception and the relation between language and conceptual thought, and provides new ways of conceptualizing the Buddhist defense of the reflexivity thesis of consciousness: namely, that each cognitive event is to be understood as involving a pre-reflective implicit awareness of its own occurrence.

. Based on a reconstruction of the development of Rudolf Carnap’s views from the Aufbau until the 1960s, this paper provides an account of the philosopher’s understanding of non-cognitivism, which is here seen as in line with the so-called scientific world-conception of left-wing logical empiricism. The starting point of Carnap’s conception is the claim that every human decision depends on certain attitudes that cannot be justified at a cognitive level, that are neither based on empirical facts nor logical reasoning. The (...) key features of Carnap’s non-cognitivism, however, go beyond this general basis and involve several fundamentally moral commitments, such as a commitment toward science, and the embracing of moral attitudes as the result of a long-term process of rational discourse. I argue that these commitments contained in Carnap’s non-cognitivism/scientific world-conception establish a genuinely political worldview that is characteristic of left-wing logical empiricism and converges with socialism and democracy. (shrink)

In this paper, I hope to provide an account of the conditions of moral realism whereby there are still significant metaphysical commitments made by the realist which set the view apart as a distinct position in the contemporary meta-ethical landscape. In order to do so, I will be appealing to a general account of what it is for realism to be true in any domain of experience, whether it be realism about universals, realism about unobservable scientific entities, realism about artifacts, (...) and so forth. (shrink)

In der Reihe werden herausragende monographische Untersuchungen und Sammelbände zu allen Aspekten der Philosophie Kants veröffentlicht, ebenso zum systematischen Verhältnis seiner Philosophie zu anderen philosophischen Ansätzen in Geschichte und Gegenwart. Veröffentlicht werden Studien, die einen innovativen Charakter haben und ausdrückliche Desiderate der Forschung erfüllen. Die Publikationen repräsentieren damit den aktuellsten Stand der Forschung.

Animals and plants are metaorganisms and associate with microbes that affect their physiology, stress tolerance, and fitness. Here the hypothesis that alteration of the microbiome may constitute a fast‐response mechanism to environmental change is examined. This is supported by recent reciprocal transplant experiments with reef corals, which have shown that their microbiome adapts to thermally variable habitats and changes over time when transplanted into different environments. Further, inoculation of corals with beneficial bacteria increases their stress tolerance. But corals differ in (...) their ability to flexibly associate with different bacteria. How scales of microbiome flexibility may reflect different metaorganism adaptation mechanisms is discussed and future directions for research are pinpointed. It is posited that microbiome flexibility is a broad phenomenon that contributes to the ability of organisms to respond to environmental change. Importantly, adapting with microbial help may provide an alternate route to organismal adaptation that facilitates rapid responses. (shrink)

Many groups make decisions over multiple interconnected propositions. The “doctrinal paradox” or “discursive dilemma” shows that propositionwise majority voting can generate inconsistent collective sets of judgments, even when individual sets of judgments are all consistent. I develop a simple model for determining the probability of the paradox, given various assumptions about the probability distribution of individual sets of judgments, including impartial culture and impartial anonymous culture assumptions. I prove several convergence results, identifying when the probability of the paradox converges to (...) 1, and when it converges to 0, as the number of individuals increases. Drawing on the Condorcet jury theorem and work by Bovens and Rabinowicz , I use the model to assess the “truth-tracking” performance of two decision procedures, the premise- and conclusion-based procedures. I compare the present results with existing results on the probability of Condorcet’s paradox. I suggest that the doctrinal paradox is likely to occur under plausible conditions. (shrink)

Few studies have considered in detail the ethical issues surrounding research in which investigators ask community members to engage in research subject recruitment within their own communities. Peer-driven recruitment and its variants are useful for accessing and including certain populations in research, but also have the potential to undermine the ethical and scientific integrity of community-based research. This paper examines the ethical implications of utilizing community members as recruiters of human subjects in the context of PDR, as well as the (...) authors' experience with a variant of PDR in a research project in South Africa. The importance of situating PDR in a comprehensive community engagement process that is responsive to the constraints of science and local needs and interests is emphasized. The paper will have relevance to bioethicists, health researchers, and research regulators concerned about the appropriate use of peer-driven recruitment strategies in health research. (shrink)

Previous studies have shown that 1 participants are reluctant to accept a conclusion as certainly true when it is derived from a valid conditional argument that includes a doubtful premise, and 2 participants typically link the degree of uncertainty found in a given premise set to its conclusion. Two experiments were designed to further investigate these phenomena. Ninety adult participants in Experiment 1 were first asked to judge the validity of three conditional arguments Modus Ponens, Denial of the Antecedent, and (...) Affirmation of the Consequent . They were then required to evaluate conclusion uncertainty as a function of two degrees of asserted uncertainty in the major conditional premise If p then it is very probable that q and if p then it is not very probable that q of the arguments from the first task that were otherwise unchanged. Results revealed an effect for asserted-uncertainty in two of the three argument forms. Marginal support was found for the hypothesis that perceived argument validity would be a predictor of performance. Experiment 2 investigated the way 40 adult participants combined two sources of asserted uncertainty, one in the major premise and another in the minor premise, when they had to score the uncertainty of the conclusion. The two most prominent kinds of responses were to choose the same likelihood as the weaker of the two expressed in the premises, or a lower one. However, the within-subject consistency was poor. Theoretical implications are discussed. (shrink)

Cette étude formule l'hypothèse critique d'une opération de remythologisation par une réactualisation théologico-politique de la tragédie chez Heidegger. Cette opération ne saurait simplement coïncider avec une revalorisation " irrationnelle " du mythe, car elle procède d'abord d'une mise en question, non moins problématique, de la dualité supposée entre muthos et logos pour culminer dans ce qu'une note des années 1950 appellera la " mytho-logie de l'événement ". La réélaboration de la notion de mythe s'accomplit à partir du poème de Hölderlin (...) qui doit préfigurer les dieux de l'" autre commencement " post-judéo-chrétien, selon le projet spéculatif d'une " religion " censée relier le peuple à ses dieux nouveaux via l'être comme événement. L'hypothèse d'une remythologisation théologico-politique doit ainsi permettre d'éclairer non seulement le rôle matriciel de Hölderlin pour la pensée de l'être, mais aussi le surinvestissement illusoire du national-socialisme censé donner lieu au " peuple de Hölderlin ". Pour interroger cette réactualisation théologico-politique du mythe, l'étude se concentre sur les cours que Heidegger consacra à Hölderlin, tout en sollicitant l'intégralité du corpus des années 1933-1945, c'est-à-dire les cours fribourgeois, les traités inédits rédigés dans le sillage des Contributions (Beiträge) et les Cahiers noirs (Schwarze Hefte). (shrink)

This paper argues that recent arguments to the effect that the debate between presentism and eternalism lacks any metaphysical substance ultimately fail, although important lessons can be gleaned from them in how to formulate a non-vacuous version of presentism. It suggests that presentism can best be characterized in the context of spacetime theories. The resulting position is an ersatzist version of presentism that admits merely non-present entities as abstracta deprived of physical existence. Ersatzist presentism both escapes the charges of triviality (...) and promises to offer a route to solving the grounding problem which befalls its more traditional cousins. (shrink)

This paper discusses the problem of sensible qualities, an important, but underestimated topic in Leibniz's epistemology. In the first section, the confused character of sensible ideas is considered. Produced by the sensation alone, ideas of sensible qualities cannot be part of distinct descriptions of bodies. This is why Leibniz proposes to resolve sensible qualities by means of primary or mechanical qualities, a thesis which is analysed in the second section. Here, I discuss his conception of nominal definitions as distinct empirical (...) representations. The provisional and modifiable status of nominal definitions is then explained in the third section. Since nominal descriptions always contain sensible determinations, Leibniz claims that empirical knowledge is indefinitely changeable according to progress in sciences. In the final section, I address the criterion of coherence that enables us to approve of hypotheses that are based on both sensible and empirical properties. (shrink)

Focusing on the close connection between Friedrich Nietzsche's historical thought and the discourse of German historicism in the second half of the nineteenth century, this article argues in a thick contextual reading that Nietzsche's second VomNutzenundNachtheilderHistoriefürdasLeben(1874), needs to be understood as a reflection on the political dimension of historical consciousness, outlining what I shall term a In contrast to the standard emphasis on Nietzsche's presumed aestheticism, he is shown to react to rather specific developments within the contemporary intellectual context, such (...) as the establishment of specific historical foundation myths for a new German nation state, exemplified by the public monuments and commemorations of the 1870s, the effect of such foundation myths on the political imagination of historical scholarship, and the intellectual antagonism between Basel's and the German nation state. (shrink)

Drawing on Connell's notion of gender projects, the authors assess the degree to which contemporary evangelical ideals of men's headship challenge, as well as reinforce, a hegemonic masculinity. Based on 265 in-depth interviews in 23 states across the country, they find that rather than espousing a traditional gender hierarchy in which women are simply subordinate to men, the majority of contemporary evangelicals hold to symbolic traditionalism and pragmatic egalitarianism. Symbolic male headship provides an ideological tool with which individual evangelicals may (...) maintain a sense of distinctiveness from the broader culture of which they are a part. At the same time, symbolic headship blunts some of the harsher effects of living in a materially rich, but time poor, culture, by defusing an area of potential conflict, creating a safe space within which men can negotiate, and strengthening men's material and emotional ties to their families. (shrink)

Monitoring the environment for visual events while performing a concurrent task requires adjustment of visual processing priorities. By use of Bundesen's (1990) Theory of Visual Attention (TVA), we investigated how monitoring for an object-based brief event affected distinct components of visual attention in a concurrent task. The perceptual salience of the event was varied. Monitoring reduced the processing speed in the concurrent task, and the reduction was stronger when the event was less salient. The monitoring task neither affected the temporal (...) threshold of conscious perception nor the storage capacity of visual short-term memory nor the efficiency of top-down controlled attentional selection. (shrink)

According to the so-called Sapir-Whorf hypothesis, a language influences the mind of its user. This is more or less trivial, but the problems are in the details. It is difficult to make precise what those influences are, be it in general philosophical or in particular empirical-cultural terms. I will give an account of what I take to be basic aesthetic and grammatical features of the Chinese language compared with what we find in Western languages such as Latin or greek. Then (...) I will indicate what I take to be cultural differences and discuss whether these might be the result of differences in language structure. (shrink)

It has often been said that the Chinese script is pictorial or ideographic, and that this is one of the reasons why Chinese tend to think more analogically than logically, and why in the past the natural sciences developed to a lesser degree in China than in the West. These are strong claims. They have often been oversimplified and exaggerated, but I think there is something to be said for them. Here I will focus on the first question. I will (...) argue that Chinese characters still have semantic features that create image-like qualities in a wider sense: not mere resemblances between sign and object, but family resemblances in semantic fields. The fact that Chinese is an isolating and monosyllabic language is essential in this. (shrink)

Hermann Schmitz has developed a “New Phenomenology.” It emphasizes fundamental conceptions that undercut traditional subject-object distinctions. In the Chinese classic The Zhuangzi we find stories that describe involvements and dialogue that can be seen as doing something similar. I will bring out some of these parallels. In particular I will focus on freedom and mutual understanding.