Carl Schmitt (1888–1985), Professor für Staats- und Völkerrecht, bewegt nach wie vor die Gemüter. Die Reaktion auf seine Schriften, Handlungen und Ausstrahlungen ist vielfältig; die Spanne reicht von entrüsteten, für die er der Teufel in Person bleibt, über viele Zwischenstufen bis zu jenen Lesern, die ihn für einen der subtilsten, noch keineswegs ausgeloteten Geistern dieses Jahrhunderts halten. Sein Leben lang war Carl Schmitt ein passionierter Schreiber von Briefen. Meist handelte es sich um handschriftlich verfasste, die für den Schreibenden (...) die Fortsetzung eines konkreten Gespräches mit anderen Mitteln war. Das macht das authentische und die Spontanität der Schmitt-Briefe aus. Als erste Edition einer umfangreichen Korrespondenz wird in dem Buch die Korrespondenz zwischen Carl Schmitt und Armin Mohler veröffentlicht. Der Briefwechsel umfasst die Zeit von 1947 bis 1980 und enthält 280 Briefe und Karten von Carl Schmitt an Armin Mohler. Von dem Briefpartner und Herausgeber wird in der Regel aus den eigenen Briefen nur auszugsweise zitiert, sofern es für das von Carl Schmitt Geschriebene notwendig ist. Armin Mohler (1920 bis 2003), ist einer der bekanntesten rechtskonservativen Schriftsteller, Kritiker und Historiker in Deutschland. Sein Handbuch zur Konservativen Revolution ist ein Standardwerk. In der Zeit des Briefwechsels war Mohler von 1949 bis 1953 Sekretär Ernst Jüngers, danach Korrespondent großer Zeitungen in Paris und von 1964 an Geschäftsführer der Carl Friedrich von Siemens Stiftung, in der er sehr beachtete Symposien zu aktuellen wissenschaftlichen Themen organisierte. Der Briefwechsel ist für die Deutung Carl Schmitts in der Nachkriegszeit in seinem Sauerländer "Exil" grundlegend, gleichzeitig enthält er pointierte Schlaglichter auf das politische und kulturelle Geschehen der frühen und mittleren Bundesrepublik sowie auf Werk und Leben von Ernst Jünger. (shrink)

Motivated by the call for more research on students’ perceptions of their ethical development in business education programs, this study examines students’ reflections on how their understanding of ethics was challenged and/or changed, and what facilitated the development of ethical decision-making approaches in a first-year accounting course. The results indicate that students developed more sophisticated and contextualised views of ethical issues in business, government and social contexts including the need to consider their impact on various stakeholders. Students attributed this development (...) to the various elements in the integrated course design including the real cases sourced in current newspaper articles, an ethical decision-making framework with various ethical perspectives, the reflective journal component and the ability to work in groups. These findings have implications for the design of effective ethics education programs in business. (shrink)

Carl Schmitt and the Problem of the Realization of Law 1. The famous pithy aphorisms that Carl Schmitt used to open his major works - 'the sovereign is he who decides on the exception', 'the concept of the state presupposes the concept of the political', etc. - have become a part of the common discourse of contemporary scholarship on politics and the law. The theoretical framework that animates these slogans, however, has remained somewhat opaque. It has often been (...) argued that there is no such framework, that Schmitt was a situational thinker whose works are best understood as interventions in concrete political debates that do not add up to a grand theoretical vision. (shrink)

This volume provides the first English translation of Hans Kelsen's and Carl Schmitt's influential Weimar-era debate on constitutional guardianship and the legitimacy of constitutional review. It includes Kelsen's seminal piece, 'The Nature and Development of Constitutional Adjudication', as well as key extracts from the 'Guardian of the Constitution' which present Schmitt's argument against constitutional review. Also included are Kelsen's review of Schmitt's 'Guardian of the Constitution', as well as some further material by Kelsen and Schmitt on (...) presidential dictatorship under Article 48 of the Weimar Constitution. These texts show Kelsen and Schmitt responding to one another, in the context of a debate focused on a concrete constitutional crisis, thus allowing the reader to assess the plausibility of Kelsen's and Schmitt's legal and constitutional theories. (shrink)

Most new drugs are protected by pharmaceutical patents, which give the patent holder exclusive control over that drug’s supply for 20 years. When the patent term expires, the drug becomes available for generic production by any company. The resulting competition typically leads to dramatic reductions in price. In Brazil, generic drugs are on average 40% cheaper than reference or brand-name drugs. In the United States, the Federal Drug Administration reports up to 85% price differences. Consumers in India have witnessed more (...) than 100-fold price reduction for antiretroviral drugs due to generic production. Generics thus play a key role in broadening access to health care, mostly by driving costs down, both in the developing and developed world. (shrink)

Carl Schmitt, the author of such books as Political Theology and The Crisis of Parliamentary Democracy, was one of the leading political and legal theorists of the twentieth century. His critical discussions of liberal democratic ideals and institutions continue to arouse controversy, but even his opponents concede his uncanny sense for the basic problems of modern politics. Political Romanticism is a historical study that, like all of Schmitt's major works, offers a fundamental political critique. In it, he defends (...) a concept of political action based on notions of good and evil, justice and injustice, and attacks the political passivity entailed by the romanticization of experience. The book has three strands. The first is an attack on received notions of the origins of the Romantic Movement. Schmitt argues that this movement represents a secularization, subjectification, and privatization in which God is replaced by the emancipated, private individual of the bourgeois social order. The second is an assault on political romanticism that includes a broader attack on the new European bourgeoisie, which Schmitt characterizes as the historical bearer of the movement. The third strand is a defense of political conservatism and a refutation of the view that political romanticism is intrinsically linked with romanticism. Here Schmitt argues that the political romantic is tied not to positions but to aesthetics, and can therefore as easily become a Danton as a Frederick the Great. Guy Oakes's introduction places the book in historical context and also suggests its continuing relevance through his discussion of the latest outcropping of political romanticism in the late 1960s, intriguingly brought out in his example of Norman Mailer as a political romantic. (shrink)

Kempner. You do not have to testify, Professor Schmitt, if you do not want to, and if you think you are incriminating yourself. But if you do testify, then I would be grateful if you would be absolutely truthful, would neither conceal nor add anything. Is that your wish? Schmitt: Yes, of course. Kempner: And if I come to something you might find self-incriminating, you can simply say you prefer to remain silent. Schmitt: I have already been (...) interrogated by the C.I.C. and in the camp. I would be glad to tell you all I know. However, I would like to know what I am being blamed with. (shrink)

Theories of epistemically justified belief have long assumed individualism. In its extreme, or Lockean, form individualism rules out justified belief on testimony by insisting that a subject is justified in believing a proposition only if he or she possesses first-hand justification for it. The skeptical consequences of extreme individualism have led many to adopt a milder version, attributable to Hume, on which a subject is justified in believing a proposition only if he or she is justified in believing that there (...) is testimony in favor of the proposition deriving from a reliable source. I argue that this Humean individualism also leads to skepticism in a wide range of cases; it makes it impossible for a layperson to be justified on expert testimony. In addition, I argue that the apparent motivation for the Humean view, an insistence on intellectual autonomy in justification, does not succeed in motivating it. I then explore the contours of a collectivist view of justification on testimony, with special attention to the place of a subject's intellectual autonomy in such justification. I try to bring empirical results of the psychology of persuasion to bear on the epistemological issues. (shrink)

Gnothi sauton - Erkenne dich selbst! Das Streben nach Erkenntnis und Selbsterkenntnis, das nach antiker Auffassung der Gott selbst in dieser Aufforderung dem Menschen ans Herz legt, bildet ein zentrales Moment von Arbogast Schmitts jahrzehntelanger Beschaftigung mit antiker Literatur und Philosophie, die zugleich immer auch eine kritische Auseinandersetzung mit modernen Konzepten und Positionen darstellt. Die vorliegende Festschrift vereint zwolf neue Beitrage zur antiken Philosophie, Literatur und Literaturtheorie, in denen Schuler, Freunde und Weggefahrten Arbogast Schmitts dieses Erkenntnisstreben beantworten und fortsetzen. Mit (...) Beitragen von: Wolfgang Bernard, Stefan Buttner, Sabine Follinger, Hans Ulrich Gumbrecht, Andreas Kablitz, Michael Krewet, Joachim Latacz, Thomas Leinkauf, Christian Pietsch, Ernst-Richard Schwinge, Rainer Thiel und Gregor Vogt-Spira. (shrink)

English summary: Yann Schmitt explores the question of, not does God exist, but what is God and how would we define God. Specifically, Schmitt asks if God is above all beings, is he a perfect being, or is he a projection of the human mind. French description: Cet ouvrage n'entend pas prendre position sur l'existence ou l'inexistence de Dieu mais, en amont de cette question, il s'agit de savoir comment definir Dieu. Penser conceptuellement et philosophiquement Dieu consiste a (...) eviter un double piege. D'une part, il faut s'affranchir de l'anthropomorphisme grossier selon lequel Dieu ne serait qu'un surhomme et d'autre part, la philosophie ne peut etre reduite au silence sous pretexte que Dieu serait transcendant. Ainsi, differents paradigmes permettant de concevoir ce qu'est un Dieu sont a examiner. Dieu est-il au-dela de tout etre? Est-il plutot un etre maximalement parfait? A moins qu'il ne soit qu'une projection de l'esprit humain? (shrink)

This research is motivated by the criticism levelled at the academic community for its failure to incorporate sufficient ethics education into the accounting curriculum :53–71, 2004; Madison and Schmidt 2006). The inclusion of ethics decision-making frameworks by professional bodies in their codes of conduct or as a standalone tool and the encouragement of their use as a part of ethics education to help students to identify and think through ethical issues in a business context has been subject to very limited (...) research to date. The aim of this study is to provide evidence of the impact of providing a framework on its own and providing a framework as part of a comprehensive integrated ethics education component of a first-year unit of study, on accounting students’ ethical sensitivity and judgment. Results indicate that providing students with a framework only does not increase students’ ethical sensitivity but does support their ethical judgment. In contrast, the integrated ethics component does increase student’s ethical sensitivity, however, an unexpected finding of this study is that increases in students’ ethical judgement are greater if they have not been previously exposed to the framework. Taken together, our findings suggest that it is the framework that has a significant impact on students’ ethical judgment, while an integrated ethics education can expose students to a range of ethical issues and thereby improve their ethical sensitivity, a critical component which initiates the ethical decision-making process. (shrink)

Alston begins his exposition of the realist conception of truth in chapter 1 with a roughly Aristotelian formulation: “A statement is true if and only if what the statement says to be the case actually is the case”. This condition has the drawback that it defines truth via illocutionary acts; yet, as Alston argues, propositions are the most basic truth-bearers. Alston therefore turns to the universalized T-schema for a condition that characterizes the truth of propositions without mentioning illocutionary acts: “ (...) The proposition that p is true iff p”, where “” is a substitutional rather than objectual quantifier over propositions. Later Alston avers that this account of truth is equivalent to another that is overtly realist in characterizing truth in terms of facts, a minimalist correspondence theory: “ The proposition that p is true iff it is a fact that p”. (shrink)

Written in the intense political and intellectual tumult of the early years of the Weimar Republic, Political Theology develops the distinctive theory of sovereignty that made Carl Schmitt one of the most significant and controversial ...

In this work, legal theorist and political philosopher Carl Schmitt argues that liberalism's basis in individual rights cannot provide a reasonable justification for sacrificing oneself for the state.

This cogent essay explores a hitherto unstudied aspect of Renaissance intellectual history and refines our understanding of the impact of Greek philosophy on Western thought. It is generally recognized that Aristotle was a touchstone for the learned world in the Middle Ages. Charles Schmitt shows here that what happened in the following centuries was not a mere continuation of the medieval tradition but a vital new development, influenced by the ideas of this era of ferment. He samples the response (...) to Aristotle during the Renaissance, viewing the writings of Catholics and Protestants, humanists, scholastics, and scientists; he surveys the different kinds of works from which Renaissance readers learned their Aristotle; and he looks at the extent to which Aristotelians assimilated other modes of thought in the fifteenth, sixteenth, and early seventeenth centuries. Schmitt's analysis offers intellectual historians a corrected picture of this important period. (shrink)

In Stability and Justification in Hume’s Treatise, Louis Loeb ascribes to Hume a naturalistic account of justified belief, one on which Hume is fundamentally concerned with the question whether stable belief can be achieved. Loeb’s interpretation is systematic, richly explanatory, and powerfully argued. He makes a compelling case that stability plays a central role in Hume’s epistemology. Loeb’s case is so compelling indeed that anyone who wants to defend an alternative interpretation will now have to assimilate or deflect the massive (...) textual evidence in favor of the stability interpretation. I will argue here that, for some passages Loeb cites in favor of the stability interpretation, a veritistic interpretation explains the text at least as well as the stability interpretation does. (shrink)

Socializing Epistemology: An Introduction through Two Sample Issues Frederick F. Schmitt Social epistemology is the conceptual and normative study of the ...

This perceptive study of John Case, teacher of philosophy at Oxford from the mid-1560s until his death in 1600 and author of expositions of Aristotle which became standard textbooks of the time, focuses on his intellectual and cultural milieu and reveals.

Wie ist es philosophisch zu erklären, dass Menschen frei und selbstbestimmt Entscheidungen treffen, die durch das klassische Begründungsmuster der Eigennützlichkeit und Selbsterhaltung unverständlich bleiben? Der Autor rekonstruiert und erweitert mit seiner neuartigen Konzeption - der autoeidetischen Struktur - Möglichkeitsbedingungen der praktischen Vernunft. Im Mittelpunkt steht dabei die eigene Existenz. Das Streben nach Selbsttreue bedingt das Wollen des Gesollten. Urteil und Praxis werden hierdurch nachvollziehbar zu Bedingungen gelingenden Lebens."--Publisher's website.

I have experienced the tribulations of fate.Victories and defeats, revolutions and restorations.Inflations and deflations, bombings,Defamations, broken regimes and broken pipes,Hunger and cold, internment and solitary confinement.Through it all I have passed,And through me it all has passed.I am acquainted with the abundant varieties of terror,The terror from above and the terror from below,Terror on the land and terror from the air,Terror legal and extra-legal,Brown, red and checkered terror,And worst of all, the terror none dares to name.I am acquainted with them (...) all and know their grip. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:March 13, 2008 (7:35 pm) G:\WPData\TYPE2702\russell 27,2 054.wpd 272 Reviews 1 See Brian J.yL. Berry and Donald C. Dahmen, “Paul Wheatley, 1921–1999”, Annals of the Association of American Geographers 91 (2001): 734–47. THE LIVES OF THOSE WHO WOULD BE IMMORTAL Richard Henry Schmitt U. of Chicago Chicago, il 60637, usa [email protected] David Leavitt. The Indian Clerk: a Novel. London: Bloomsbury, 2008; New York: Bloomsbury, 2007. Pp. 485. isbn (...) 1-59691-040-2. £16.99; us$24.95 (hb). From the start, this novel interested me for two reasons. First, it attempts to tell us the personal stories of two individuals who were working at the highest level in a very abstract Weld, namely G.yH. Hardy (1877–1947) and Srinivasa Ramanujan (1887–1920) during their collaboration on pure mathematics between spring 1914 and spring 1919. Obviously the same problems would arise in trying to tell the personal story of Bertrand Russell’s supervision of Ludwig Wittgenstein in mathematical logic, which occurred at Cambridge University in the years just before the start of the Great War. It is a great challenge to try to tie personal dynamics and abstract thought into a single coherent narrative. There are implications for the philosophy of mathematics and the history and sociology of science. So, of course, we have to ask: how does author David Leavitt rise to this challenge? Second, a more personal reason: Paul Wheatley1 told me shortly before his death that he thought this period at Cambridge represented the highest accom- March 13, 2008 (7:35 pm) G:\WPData\TYPE2702\russell 27,2 054.wpd Reviews 273 2 G.yH. Hardy, Ramanujan: Twelve Lectures on Subjects Suggested by His Life and Work (Cambridge: Cambridge U. P., 1940). Two lectures were presented at Harvard in 1936; the Wrst, a more personal recollection, was printed unchanged. The quote is from p. 2. The second lecture was expanded into the remaining published lectures, all considering speciWc mathematical topics. plishment possible for an academic institution: its fellows and masters had managed to attract and then recognize the genius of Ramanujan and Wittgenstein and to admit them to advanced studies without any real academic credentials. Wheatley had been the chair of the Committee on Social Thought at the University of Chicago; so, he knew something about such matters, as he did about many things involving humans, human settlements, and their arrangement in the world. Incidentally, Wheatley himself appeared as a character, Battle, in Ravenstein, Saul Bellow’s roman à clef about Allan Bloom. So, to the extent that Cambridge University just before and during the Great War plays a role here, we want to learn as much as we can about the atmosphere of the place. The Indian Clerk is a historical novelz—zin this case naming actual names, elaborating what we know about real people and occasionally adding Wctional charactersz—zall centered on the extraordinary mathematical genius Ramanujan and his equally extraordinary importation from India to Cambridge. The story is told largely in the third person, by an omniscient narrator, but repeatedly we also have the inner voice of G.yH. Hardy: there are a number of chapters with the indication “New Lecture Hall, Harvard University”, dated 1936, in which Hardy speaks in the Wrst person. In these passages David Leavitt uses parts of the published lectures, along with G.yH. Hardy’s private thoughtsz—zas imagined by Leavittz—zabout this “one romantic incident in my life” and about other matters that still haunt him.2 The novel is thus in some sense more about G.yH. Hardy and his inner life than it is about Srinivasa Ramanujan. The triumph of the novel is its ability to reconstruct and convey in a lively manner the circumstances of the time, the look and smell of the place, the crosscurrents, dynamics, and dislocations of people during these years. Leavitt has woven together a great deal, from many diTerent realms: pre-war meetings of the Apostles, the high table, the pre-war mathematics tripos, the method of collaboration between Hardy and J.yE. Littlewood, Cambridge as military training grounds and as hospital for the wounded, vegetarian cookery, feminism, Hindu... (shrink)

A finalidade do texto seguinte consiste na exposição de uma relação de promiscuidade entre a técnica e a ciência na obra de Jean-François Lyotard. A primeira etapa deste artigo consiste na apresentação de um problema referente à obra A condição pós-moderna, onde a noção de técnica aparece sobre uma perspectiva positivista. Aqui, a intimidade entre técnica e ciência é resultado da crise dos fundamentos das ciências na modernidade, crise oriunda do afastamento entre as ciências e os discursos que se prestavam (...) frequentemente à sua legitimação. Esses discursos, que Lyotard aproxima do modelo narrativo, e dos quais se destacam o discurso político de emancipação e o discurso filosófico especulativo, entram em declínio na condição pós-moderna. As ciências, desprovidas de motivações ou destinos humanistas, não resistem à lógica capitalista, e encontram o intermediário de sua relação com o capital na técnica. O critério da ciência deixa, pouco a pouco, de ser a busca pela verdade e passa a ser a busca pelo melhor desempenho. A segunda e conclusiva etapa do artigo, consiste, por sua vez, na radicalização dessa promiscuidade, e se refere principalmente ao livro O inumano. A assim chamada tecnociência corresponde à completa submissão da ciência à técnica: se a visão positivista de A condição pós-moderna vê na técnica um suplemento, uma prótese que dá assistência à pesquisa científica, no segundo livro, a ciência se mostra a prótese ou o suplemento da técnica, que se revela, não obstante, inumana. Nessa segunda parte do artigo, pretendo mostrar que a visão positivista da técnica não é, portanto, suficiente para compreender a relação promíscua que ela tem com a ciência, mostrando-se necessário o recurso à perspectiva clássica da mesma: é a partir da visão da técnica como produtividade cega da physis que alcançamos também o entendimento do caráter inumano da tecnociência. (shrink)

One of the most significant political philosophers of the twentieth century, Carl Schmitt is a deeply controversial figure who has been labeled both Nazi sympathizer and modern-day Thomas Hobbes. First published in 1938, The Leviathan in the State Theory of Thomas Hobbes used the Enlightenment philosopher’s enduring symbol of the protective Leviathan to address the nature of modern statehood. A work that predicted the demise of the Third Reich and that still holds relevance in today’s security-obsessed society, this volume (...) will be essential reading for students and scholars of political science. “Carl Schmitt is surely the most controversial German political and legal philosopher of this century. . . . We deal with Schmitt, against all odds, because history stubbornly persists in proving many of his tenets right.”— Perspectives on Political Science “[A] significant contribution. . . . The relation between Hobbes and Schmitt is one of the most important questions surrounding Schmitt: it includes a distinct, though occasionally vacillating, personal identification as well as an association of ideas.”— Telos. (shrink)

A popular principle about grounding, “Internality”, says that if A grounds B, then necessarily, if A and B obtain, then A grounds B. I argue that Internality is false. Its falsity reveals a distinctive, new kind of explanation, which I call “ennobling”. Its falsity also entails that every previously proposed theory of what grounds grounding facts is false. I construct a new theory of what grounds grounding: the ennobling theory.

The Sociosexual Orientation Inventory (SOI; Simpson & Gangestad 1991) is a self-report measure of individual differences in human mating strategies. Low SOI scores signify that a person is sociosexually restricted, or follows a more monogamous mating strategy. High SOI scores indicate that an individual is unrestricted, or has a more promiscuous mating strategy. As part of the International Sexuality Description Project (ISDP), the SOI was translated from English into 25 additional languages and administered to a total sample of 14,059 people (...) across 48 nations. Responses to the SOI were used to address four main issues. First, the psychometric properties of the SOI were examined in cross-cultural perspective. The SOI possessed adequate reliability and validity both within and across a diverse range of modern cultures. Second, theories concerning the systematic distribution of sociosexuality across cultures were evaluated. Both operational sex ratios and reproductively demanding environments related in evolutionary-predicted ways to national levels of sociosexuality. Third, sex differences in sociosexuality were generally large and demonstrated cross-cultural universality across the 48 nations of the ISDP, confirming several evolutionary theories of human mating. Fourth, sex differences in sociosexuality were significantly larger when reproductive environments were demanding but were reduced to more moderate levels in cultures with more political and economic gender equality. Implications for evolutionary and social role theories of human sexuality are discussed. Key Words: culture; gender; mating; reproduction; sex differences; sex roles; sexual strategies; sociosexuality. (shrink)

According to orthodoxy, the most fundamental kind of causation involves one event causing another event. I argue against this event‐causal view. Instead, the most fundamental kind of causation is thing causation, which involves a thing causing a thing to do something. Event causation is reducible to thing causation, but thing causation is not reducible to event causation, because event causation cannot accommodate cases of fine‐grained causation. I defend my view from objections, including C. D. Broad's influential “timing” argument, and I (...) conclude with implications for agent‐causal theories of free will. (shrink)

This article evaluates the legality of Operation Iraqi Freedom, the March 2003 attack on Iraq. The author rejects assertions that Security Council Resolution 1441 (2002), standing alone, contained a mandate to employ force; on the contrary, the Resolution was only adopted on the understanding that it did not. The law of self-defense, including its ?preemptive? variant, similarly provided no legal basis for the action because the degree of Iraqi support to terrorism was insufficient and the threat of use of weapons (...) of mass destruction was not imminent. With regard to humanitarian intervention, the suffering inflicted by the Saddam Hussein's regime did not rise to a level allowing intervention. Moreover, international law does not permit forceful regime change except when authorized by the Security Council. However, the author argues that material breach of the 1991 cease-fire in Security Council Resolution 687 released the US and UK from their obligation to refrain from hostilities, thereby reactivating the use of force authorization in Security Council Resolution 678 (1990). This latter justification was the sole official legal justification offered for Operation Iraqi Freedom. (shrink)