Wijsgerige en wijsgerig-criminologische onderzoek naar het onderscheid tussen het normale en het abnormale met het oog op de strafrechtelijke normaliserings- macht en het abolitionisme.

Vier opstellen over rechtssociologie en criminologie, vanuit fenomenologische invalshoek bezien.

ZusammenfassungDer Text versucht in Auseinandersetzung mit den Ansätzen von Jürgen Moltmann, Johann Baptist Metz und Odo Marquard und im Anschluss an lutherische Theologie zu einer Verhältnisbestimmung von Theodizeefrage und Kreuzestheologie zu gelangen. Dabei wird Luthers Einsicht fruchtbar gemacht, dass Gott verborgen im Leiden wirkt, das Leiden aber nicht zu seiner Wesenseigenschaft wird. Vielmehr eröffnet sich in der Klage des leidenden Menschen die Möglichkeit, das Leiden an Gott zu beenden und gegen Gott zu Gott zu fliehen. Von Luthers Kreuzestheologie her ist (...) eine gegenseitige Durchdringung von Theodizeefrage, Hamartiologie, Kreuzestheologie und Eschatologie anzumahnen. Gleichzeitig verhelfen Klage und Anklage dazu, sich aufgrund von erfahrenen Leiden nicht in sich selbst zu verschließen, sondern kontrafaktisch an Gott festzuhalten.SummaryDiscussing the thoughts of J. Moltmann, J. B. Metz and O. Marquard the essay attempts – whilst following Martin Luther's theologia crucis – to find a relation between the theodicy-question and the theology of the cross. For this concern it refers to the aspect that God acts in suffering in a hidden way but does not posses suffering as an intrinsic characteristic. Rather, the lament of suffering people address to God, as we find it in the Psalms, gives the opportunity of bringing suffering from God's hiddenness to an end and to “flee from God to God”. Returning to Luther's theologia crucis should lead to further reflections on theodicy, sin, theology of the cross and eschatology. At the same time, lamentation as bringing human suffering before God provides an aid for suffering people not to lock their suffering in themselves, but to maintain the relationship to God – even against the supposedly factual evidence of the experience of suffering. (shrink)

Maine de Biran (1766-1824) has rarely been thought of as a forerunner of phenomenology in German speaking countries, although mere self-apperception, which follows the primacy of practical transcendentality, surfaces in his analysis. Examining the differential lecture of the sense of touch, as well as the ‚Metaphysics of the Hand‘ by J. Derrida, the author questions his monistic premises to perceive the immediacy of any initial endeavour as a motion, which originates in the possibility of life itself. This result in combination (...) with the sensitivity of the skin leads to a radical phenomenological description of immanent self-manifestation in the flesh, bodily subjectivity and the visibility of flesh as body. (shrink)

Husserl's phenomenology abandoned the fundamental phenomenological task of investigating pure appearance in favour of research into transcendent knowledge of essences. Thereby, in place of the original cogitano with its capacity for self-giving, the intentional intuition came to present itself as a mode of givenness without a radical phenomenalization of the ontologically pre-given. M. Henry, who already elaborated a „material phenomenology“ of the original hyletic self-affection as immanence of life, has demonstrated the deficiency of the phenomenological differentiation of appearing from appearance (...) by invoking four principles of phenomenology. These concern the relation between being /appearing, intuition /evidence, method /things in themselves, and reduction /givenness. Regarding this last connection J.-L. Marion's recent phenomenological approach is also worth taking into account. With the „pure appeal“, Marion at the same time questions Heidegger's priority of Dasein on behalf of the Ego. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:American Journal of Philology 122.3 (2001) 447-451 [Access article in PDF] Elizabeth Baynham. Alexander the Great: The Unique History of Quintus Curtius. Ann Arbor: University of Michigan Press, 1998. xiv + 237 pp. Cloth, $39.50. This is a well-organized book that is abreast of recent scholarship and contributes to our understanding of Q. Curtius Rufus and his History of Alexander as a work of literature. Baynham tells us that (...) her primary objective is an analysis of Curtius' historical methods and arrangements of his material and an evaluation of his chief themes. Her introductory chapter sketches the influence of Curtius' History in the Middle Ages and Renaissance and gives a brief synopsis of scholarship in the field. A chapter entitled "Roman Curtius" attempts to place the author and his work into the broader framework of Roman literature, with a particular focus on his language and themes and the influences that shaped these. A lengthy chapter on sources and historical methods reviews Curtius' place within the tradition of ancient historians of Alexander the Great. The three most original chapters explore the motifs of fortuna and regnum in Curtius' portrait of [End Page 447] Alexander. The book concludes with an appendix surveying the debate over the date of Curtius' History of Alexander. Baynham considers at length the current "consensus" view that the work was written under Claudius but ultimately decides that a date under Vespasian is "most likely." The index, unfortunately, is too brief to be very helpful: following up on Baynham's discussion of the idea of regnum in Curtius, the reader must look up eighteen undifferentiated references to libertas. The absence of an index of passages discussed is a serious omission, which detracts significantly from the book's usefulness.Despite Baynham's assertion of the "apathy" and "hostility" of twentieth-century Curtian study (5), Curtius Rufus (as she points out elsewhere) has not lacked for attention in recent decades. J. E. Atkinson's A Commentary on Q. Curtius Rufus' Historiae Alexandri Magni (Amsterdam 1980, 1994) is supplemented by his survey of scholarship on Curtius (ANRW 2.34.4 [1997]: 3447-83). For those without Latin, there is a Penguin translation by John Yardley. At the other end of the scale, there is Jean Therasse, Quintus Curtius Rufus Index Verborum (1976). Some of this work is admittedly excessive and unproductive. The Loeb edition by J. C. Rolfe (1946), for example, is still available and offers a better translation than Yardley. More significantly, it is not clear how much is gained by lengthy commentaries on passages of Curtius, particularly in the face of A. B. Bosworth's Historical Commentary on Arrian's History of Alexander (1980, 1995) and P. A. Brunt's Loeb edition of Arrian (1976, 1983), which offers such extensive notes that it might well be called a commentary. Of necessity, historical commentators on Arrian and Curtius traverse much of the same ground. Moreover, all this attention to Curtius as a historian has not--perhaps cannot--reverse the commonsense judgment that Arrian is the better and more reliable source.In a sense, the attention of historians has diminished our understanding of Curtius' History of Alexander. Rather than approaching the work as a whole, they ransack Curtius for isolated statements and anecdotes to bolster their own view of particular incidents in Alexander's career. This is poor methodology and poor history. It would be a signal achievement of Baynham's book if it could direct more attention to Curtius by literary scholars. It is in this area that interesting work on Curtius has been done in the last two decades: for example, Werner Rutz's "Zur Erzahlungskunst des Q. Curtius Rufus," ANRW 32.4 (1986): 2329-57, Francesca Minissale's Curzio Rufo: Un romaziere della storia (1983), and H. Currie's "Quintus Curtius Rufus: The Historian as Novelist?" Groningen Colloquia on the Novel 3 (1990): 63-77.Curtius' History of Alexander is a text that might lend itself well to the approaches of genre study and narrative technique. It is disappointing that Baynham does not do more in this direction... (shrink)

Les efforts pour déterminer par des voies non kantiennes les frontières de la raison dépendent de perspectives ouvertes par les idéalistes postkantiens, comme le soutient Rolf-Peter Horstmann, dans un ouvrage d'abord publié en 1991 chez l'éditeur Anton Hain. L'avant-propos présente d'intéressantes idées sur l'«utilité pratique» de l'histoire de la philosophie et sur la question métaphilosophique de la différence entre la matière des problèmes et la manière de les poser. Une nouvelle théorie philosophique pourrait élucider d'anciens problèmes sans en réviser (...) les présupposés, ou reprendre carrément les fondements des tentatives antérieures. Des structures de rationalité auraient une genèse, culmineraient à un moment donné, puis deviendraient désuètes. Rendre justice à la signification et à la dynamique de l'idéalisme allemand exige de comprendre son évolution comme un processus visant l'établissement de normes de rationalité différentes de celles de la tradition des Temps modernes. L'ouvrage analyse ainsi les motifs d'une formulation nouvelle des fondements de ce «courant» de pensée. (shrink)

Die Untersuchung der wallonischen consolatio-Übersetzung führte zur Entdeckung und Neudatierung eines lateinischen consolatio-Kommentars, der auch von Jean de Meun benutzt wurde. Somit kann durch Gegenüberstellung von Vorlage und Übersetzung an einem konkreten Beispiel Einblick in die Übersetzungspraxis im Mittelalter gewonnen werden.

Introdução a Levinas a partir da discussão sobre a problemática da subjetividade.

In lieu of an abstract, here is a brief excerpt of the content:BOOK REVIEWS 497 Both theologians and philosophers need to see a completely integrated treatment of both rational and faith aspects of Aquinas's theology of creation. To this end, more work on theology as science also would be helpful. Emery's treatment of the end and subject of a science is not quite neoplatonic enough. His presentation of the subject of theology forces God, its subject in the Summa theologiae, on (...) earlier texts of Albert (49) and Aquinas (302). In I Sent. Aquinas says the subject is ens divinum, "being as related to the divine," which is much wider than God, who is the end but not subject oftheology. His model is Avicenna's ens commune as the subject of a metaphysics with God as its end. More work also must be done on the articles of faith, part of the subject of theology for Albert; but theology's proper principles for Aquinas. How primordial the articles are, and the interplay of reason and faith in knowing them, are still unresolved issues. In sum, one hopes this fine book by Fr. Emery will be the first of many helping give Thomism the new look it deserves. Centerfor Tlwmistic Studies Houston, TX R. E. HOUSER Relation als Vergleich: Die Relationstheorie des Johannes Buridan im Kontext seines Denkens und der Scholastik. By ROLF SCHONBERGER. Studien und Texte zur Geistesgeschichte des Mittelalters, Band 43. Leiden/New York/Koln: E. J. Brill, 1994. Pp. 489. $108.75 (cloth). This book is a revised version of the author's 1990 Habilitationsschrift at Ludwig-Maximilians-Universitat in Munich. It aims to articulate the theory of relations developed by the noted Parisian philosopher, John Buridan (ca. 1295-1358), "in connection with the extensive scholastic discussion of this problem," and, in particular, to show how the same arguments were advanced or refuted by different philosophers from "fundamentally different starting points" (ix, 59). This stems from the author's working hypothesis that the medieval debate on the nature of relations proceeded dialectically, and that Buridan's contribution to it can be better understood by taking its argumentative context into consideration. The scope of the book is wide-ranging, to say the least. Readers expecting a book about Buridan's theory of relations will find the title somewhat misleading, however, since background material and a survey of the "scholastic context" of Buridan's theory fill up the first 372 pages, with the author's presentation and discussion of the theory itself limited to the final 498 BOOK REVIEWS 75. Furthermore, the author seems to regard the relevance of the former discussion to the latter as self-evident. This is fine where the connections are fairly uncontroversial, as in the case of William of Ockham, but where they are less so, as in the cases 0f Giles of Rome, Henry of Ghent, Meister Eckhart, Durand of St. Pour~ain, and Peter John Olivi, one is left in the dark about why separate chapters are devoted to each. Giles and Olivi are not even mentioned in the chapters on Buridan. Henry and Durand make one appearance each, both in the course of the trivial observation that unlike in their theories, "consideration of the doctrine of the Trinity plays no role in Buridan's theory of relations" (399). Eckhart is mentioned a few times, but in terms so speculative as to be useless for the general reader. For example, the author finds Jan Pinborg's characterization of Buridan as a someone who "took the arbitrariness of language seriously" to be "of course... too microscopic " (393). The reason is that Pinborg allegedly failed to see the radicalization of conventionality in the fourteenth century in terms of an "epochal shift" from "the symbolic and quasi-naturalistic conception of language in the early Middle Ages," a conception that, the author parenthetically notes, "is perhaps still to be found (or further strengthened) in Bonaventure or Meister Eckhart" (ibid.). But even bracketing the question of how this description fits the latter authors, the Buridan story is more complex than this. Buridan does emphasize that spoken and written expressions signify conventionally, but he never abandons the Aristotelian/Boethian tripartite conception of language, according to which concepts are said to... (shrink)

Techniques from artificial intelligence (AI) can be used in forensic evidence evaluation and are currently applied in biometric fields. However, it is generally not possible to fully understand how and why these algorithms reach their conclusions. Whether and how we should include such ‘black box’ algorithms in this crucial part of the criminal law system is an open question that has not only scientific but also ethical, legal, and philosophical angles. Ideally, the question should be debated by people with diverse (...) backgrounds. Here, we present a view on the question from the philosophy of science angle: computational reliabilism (CR). CR posits that we are justified in believing the output of an AI system, if we have grounds for believing its reliability. Under CR, these grounds are classified into ‘reliability indicators’ of three types: technical, scientific, and societal. This framework enables debates on the suitability of AI methods for forensic evidence evaluation that take a wider view than explainability and validation. We argue that we are justified in believing the AI’s output for forensic comparison of voices and forensic comparison of faces. Technical indicators include the validation of the AI algorithm in itself, validation of its application in the forensic setting, and case-based validation. Scientific indicators include the simple notion that we know faces and voices contain identifying information along with operationalizing well-established metrics and forensic practices. Societal indicators are the emerging scientific consensus on the use of these methods, as well as their application and interpretation by well-educated and certified practitioners. We expect expert witnesses to rely more on technical indicators to be justified in believing AIsystems, and triers-of-fact to rely more on societal indicators to believe the expert witness supported by the AIsystem. (shrink)

Ethics support services like Moral Case Deliberation intend to support healthcare professionals in ethically difficult situations. To assess outcomes of MCD, the Euro-MCD Instrument has been developed. Field studies to test this instrument are needed and have been conducted, examining important outcomes before MCD participation and experienced outcomes. The current study aimed to describe how participants’ perceive the importance of MCD outcomes after MCD; compare these perceptions with those before MCD participation; and test the factor structure of these outcomes. Swedish, (...) Norwegian and Dutch healthcare professionals rated the importance of outcomes in the Euro-MCD Instrument after four and eight MCDs. Ratings were compared with those before MCD participation using paired and independent samples t-tests. The factor structure was tested using exploratory factor analyses. After 4 and 8 MCDs, 443 respectively 247 respondents completed the instrument. More than 69% rated all MCD outcomes as ‘quite’ or ‘very’ important, especially outcomes from Enhanced Collaboration, Improved Moral Reflexivity and Improved Moral Attitude. Significant differences for 16 outcomes regarding ratings before and after MCD participation were not considered meaningful. Factor analyses suggested three categories, which seemingly resemble the domains Improved Moral Reflexivity, Enhanced Collaboration and a combination of Improved Moral Attitude and Enhanced Emotional Support. After participation in MCDs, respondents confirmed the importance of outcomes in the Euro-MCD Instrument. The question on perceived importance and the categorization of outcomes need reconsideration. The revised instrument will be presented elsewhere, based on all field studies and theoretical reflections. (shrink)

Any theory of information needs to comply with what we call the implementation, formalization, and representation constraints. These constraints are justified by basic considerations concerning scientific modelling and methodology. In the first part of this paper, we argue that the implementation and formalization constraints cannot be satisfied because the relation between Shannon information and IIT must be clarified. In the second part of the paper, we focus on the representation constraint. We argue that IIT cannot succeed in satisfying this constraint (...) for semantic contents without offering models for concepts, conceptual roles, and context sensitivity. In the final part of the paper, further complications are raised with respect to the distinction between consciousness and attention, which apply more specifically to the representation constraint. We conclude with some recommendations as to how IIT may succeed in solving these problems, highlighting the advantages and enormous potential of IIT as a scientific theory. (shrink)

Despite the importance of the “historiographical revolution” in Kuhn’s work, he did not carry out a specific study about it. Without a systematic investigation into it, he even affirms that the “old” historiography of science (OHS) is unhistorical, suggesting its summary disqualification in the face of his “new historiography” of science (NHS). My wider project, of which this paper is a part, is to better discuss the issue of the justification of the NHS. In this paper, I discuss the justification (...) (and the genesis) of the OHS, focusing on Condorcet and Comte and resorting especially to Koyré. This will allow us to understand that the relation between the OHS and the NHS is a new instance of inter-theoretical incommensurability. And, indeed, that the NHS is not stricto senso a new historiography. It is the same historiography used for other disciplines (art, philosophy), which in the twentieth century begins to be applied to science as well. (shrink)

The South African-Dutch research group responsible for this article started its activities in 2012 by looking at religious tolerance as a means of addressing the tendency for religious intolerance, extremism and fundamentalism. While tolerance seemed to be a promising way to counter religious intolerable behaviour, some shortcomings also became apparent. For example, the concept of tolerance includes an aspect of passivity towards others who adhere to another religion. The concept also does not appear to be able to respond to attitudes (...) and values such as respect, human rights and diversity. Accurate investigation of this problem, both conceptually and empirically, led to the understanding that hospitality is a concept that embodies more active adaptation to those who are different. Hospitality, therefore, seems to be a more promising concept than tolerance for reducing religious tension between individuals and groups. The inner contradiction discovered by Derrida in the notion of hospitality does not detract from the concept of being defined from a Biblical point of view. Hospitality can also be taught to young people. Although there are no formal provisions for hospitality in the national curricula, an analysis of the Dutch and South African national curricula shows that there is room for hospitality education. (shrink)