English summary: The modern age understands justice not only as being an object of jurisprudence. Historical, philosophical, social and cultural studies along with theological approaches each draw near to justice in their own way. This collection devotes itself to the intricate interaction of outside perspectives with the judicial-interdisciplinary thematisation of the law, presenting revised papers delivered at the Protestant Institute for Interdisciplinary Research's symposium in honour of Professor Dr. Dres. h.c. Eberhard Schmidt-Aamann. The case studies and basic considerations deal with, (...) among other things, the function of the law in antique city states, the immanence and transcendence of justice from a theological perspective, as well as the relationship between economics and legal study. German description: Das Recht ist in der Moderne langst nicht nur Gegenstand der Rechtswissenschaft. Historische, philosophische, sozial- und kulturwissenschaftliche wie auch theologische Ansatze nahern sich dem Recht in je eigener Weise. Solche Aussenperspektiven stehen in komplexer Wechselwirkung mit der juristisch-binnendisziplinaren Thematisierung des Rechts. Dieser Sammelband ist dem Wechselspiel von Aussen- und Binnenperspektiven gewidmet. Er vereint die uberarbeiteten Beitrage eines Symposions, das an der Forschungsstatte der Evangelischen Studiengemeinschaft in Heidelberg zu Ehren von Prof. Dr. Dres. h.c. Eberhard Schmidt-Assmann veranstaltet wurde. Die exemplarischen Fallstudien und Grundsatzuberlegungen thematisieren unter anderem die Funktion des Rechts in antiken Stadtstaaten, die Immanenz und Transzendenz des Rechts aus theologischer Perspektive sowie das Verhaltnis von Okonomik und Rechtswissenschaft. Mit Beitragen von: Hans Diefenbacher, Hans-Joachim Gehrke, Klaus Gunther, Christoph Mollers, Thorsten Moos, Michael Moxter, Bernhard Nagel, Martin Ramstedt, Karl-Siegbert Rehberg, Magnus Schlette, Eberhard Schmidt-Assmann. (shrink)

ABSTRACTWithin-person changes in mood, which are triggered by situational cues, for example someone’s location or company, are thought to affect contemporaneous cognitive function. To test this hypothesis, data were collected over 6 months with the smartphone application moo-Q that prompted users at random times to rate their mood and complete 3 short cognitive tests. Out of 24,313 people across 154 countries, who downloaded the app, 770 participants submitted 10 or more valid moo-Q responses. Confirming previous research, consistent patterns of association (...) emerged for 6 different situation cues with mood and cognitive function: For example, being alone rather than with others when completing the app resulted in worse mood but better cognitive task performance. Notwithstanding, changes in mood and cognitive function were not coupled. The advantages and challenges of using smartphone technology for studying mood and cognitive function are discussed. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Three Moments in the Crisis of Exemplarity: Boccaccio-Petrarch, Montaigne, and CervantesKarlheinz StierleIn his recent book History as Topic Peter von Moos denies that there was any crisis for the exemplum in the Renaissance. 1 He strongly argues against my essay on “History as exemplum,” where I pointed out that in Montaigne, as earlier in Boccaccio, the pragmatic form of exemplum is put into question. 2 My main interest (...) in this essay, however, was not to mark a break between Middle Ages and Renaissance but to understand the way in which the correlation between sententia and exemplum was transformed into a more complex relation between moral reflection and particular case. Undoubtedly, since Valerius Maximus and his Factorum et dictorum memorabilium libri, there has always been, as in John of Salisbury’s Policratius, the possibility of questioning the exemplary truth of the exemplum by opposing it to a never-ending wealth of counter-examples. This, however, never puts into question the idea of exemplarity itself. The validity of the exemplum as a rhetorical form of narration that tends towards its own conceptual or ideological structure has an anthropological basis. It presupposes that over time, there is more analogy in human experience than diversity, or that in all situations of civil and political life the pole of equality is stronger than that of difference.Boccaccio’s novella is precisely the narrative form that puts this anthropological basis into question. Each novella in the Decameron is essentially a [End Page 581] particular variant of a more general conceptual scheme. The stress of narration, however, is not on the scheme itself but on the autonomy of the variant. Basically the novella is a form of rewriting in the mode of retelling, thus bringing an elementary narration to higher complexity. 3 Each of the “vari casi,” mostly of love-affairs, is a confrontation of exemplarity and contingency. It is the power of contingency or fortuna that brings forth the specific particularity of each novella. The art of the writer Boccaccio, whose primary fiction is oral story-telling, consists in giving aesthetic evidence to this particularity. Reading, not listening, is the form of reception that corresponds to this structure. That Boccaccio adds the other title “Il Prencipe Galeotto” to the Decameron is an allusion to Dante’s Divine Commedy where in the famous episode of Paolo and Francesca (Inf. V), Galeotto becomes the personification of the allegory of reading and its seduction.Contingency, or, in Boccaccio’s own medieval terms, fortuna, is the real poet of the novella. That is why the most important scenes of the novellas are those where the power of contingency comes to light: at the sea and in the city. The particular shape of novella, which results from a balance between contingency and significant configuration, emerges from contingency itself. Its configuration is a particular case of contingency, one that by its immanent structural elegance is aesthetically gratifying. It nevertheless leaves open the question whether there might not be a power of a superior kind behind contingency. Because there is an ambiguity between contingency and sense, the exemplary status of each story is, ironically, placed in question. Contingency overcomes exemplarity; however, it never triumphs definitely. The impact on the exemplum by contingency not only gives to each narrative case its difference or even autonomy, it also opens up a new temporal dimension. The exemplum seems to move in an essential time where all time-aspects are controlled and functionalized by a dominating conceptual structure. In the novella time becomes a primary structure. “Or avviene che” is the narrative formula for this new quality of narrative time, becoming a time of disruption and instability where things and situations may change in a moment for the better or for the worse.I would like to illustrate the structure of the Boccaccian novella by at least one exemplary case. Almost in the middle of the book—which means in the middle of its temporal space of ten days—we find the novella of Federigo degli Alberighi, considered to be one of Boccaccio’s finest (V, 9). Federigo, in a world of merchants and trade, is the perfect nobleman who ruins himself by his... (shrink)

IN 1959 and 1960 I gave the Gifford Lectures in the University of St. Andrews. The lectures were called 'Norms and Values, an Inquiry into the Conceptual Foundations of Morals and Legislation'. The present work is substantially the same as the content of the second series of lectures, then advertised under the not very adequate title 'Values'. It is my plan to publish a revised version of the content of the first series of lectures, called 'Norms', as a separate book. (...) The two works will be independent of one another. (shrink)

Humans and animals interact frequently, although the degrees of freedom as well as the consequences are distributed rather unevenly in these interactions. The language of game theory allows to study such interactions systematically. However, while game theory has become increasingly influential in moral and political philosophy, it has done so within a purely anthropocentric framework. Either, it focused on interaction between humans alone, or it treated animals as mere instruments to human welfare. This article argues that a physiocentric extension of (...) game theory is both required and possible, considering different concepts of agency. It is shown that a modern utilitarian environmental ethic is not only compatible with the economic methodology of game theory, but that both can also enrich one another. (shrink)

1. Plot................................................................................................ ..................................1 2. What is an anankastic conditional? ..................................................................................3 3. Previous Analyses of Anankastic Conditionals.................................................................5..

Sociologists usually conceive of emotions as individual, episodic, and categorical phenomena while emphasizing their social and cultural construction. At the same time, the term emotion refers to a wide range of conceptually and ontologically distinct components and is therefore best thought of as a relatively unspecific umbrella term. This article argues that the routes leading to the social and cultural construction of emotion, for example, norms, rules, values, and discourse, are unlikely to be applicable to each of these components in (...) the same way. This is particularly true for an element of emotion that is often portrayed as being most essential and basic and therefore to some extent avoiding the formative forces of culture and society, namely, affect. Although affect is an established notion in sociology, it has remained conceptually underdeveloped. The article therefore discusses different perspectives on affect from cultural studies that emphasize its relational and bodily character. In a second step, it contrasts and reconciles these views with existing theories of affect in sociology and social psychology and considers a number of essential characteristics that can be used to circumscribe affect and its social and cultural correlates. Finally, concepts from relational sociology are introduced and concrete examples to specify the relational character of affect and to develop an understanding of affect, that is both theoretically fruitful and conducive to empirical research, are discussed. (shrink)

In this paper, I sketch out a novel theory of well-being according to which well-being is constituted by harmony between mind and world. The notion of harmony I develop has three aspects. First there is correspondence between mind and world in the sense that events in the world match the content of our mental states. Second there is positive orientation towards the world, meaning that we have pro-attitudes towards the world we find ourselves in. Third there is fitting response to (...) the world. Taken together these three aspects make up an ideal of being attuned to, or at home in, the world. Such harmony between mind and world constitutes well-being. Its opposite – being disoriented, ill-at-ease in, or hostile to the world – makes a life go poorly. And, as we shall see, many of the things that intuitively contribute to well-being are instantiating one or more of the three aspects of harmony. (shrink)

Was Natur für uns ist und welche Bereiche unserer Umwelt als natürlich erfahren werden, scheint sich einer prinzipiellen Bestimmung zu entziehen. Auch ist weitgehend unklar, worauf sich der verantwortliche Umgang "des" Menschen mit "der" Natur beziehen soll? Etwa auf die Erhaltung des Status quo der Natur oder auf die maßvolle Steuerung des Wandels der Natur? Ist in den gegenwärtigen umweltpolitischen und den Naturschutz betreffenden Überlegungen tatsächlich "die" Natur der Referenzrahmen verantwortlichen Handelns oder geht es uns vor allem um die Erhaltung (...) eines nützlichen Zustands für uns und nachfolgende Generationen? Die Autorinnen und Autoren des Bandes ziehen die Gewissheiten unseres theoretischen und praktischen Umgangs mit der Natur in Frage und suchen nach neuen Perspektiven. -/- Unter den Stichworten Objektive Natur (I.), Natur als Resonanzraum (II.), Natur als Ressource und Wert (III.), Natur als natürliche Umwelt (IV.), Künstliche Natur (V.), Vergesellschaftete Natur (VI.) und Verantwortete Natur (VII.) sind Beiträge der Philosophinnen Heike Baranzke und Christine Zunke sowie der Philosophen Michael Großheim, Michael Hauskeller, Kristian Köchy, Ulrich Krohs und Gregor Schiemann versammelt. Interdisziplinäre Herausforderungen zur Thematik werden in den Studien von Jörn Ahrens (Kultursoziologie), Karl-Werner Brand (Umwelt- und Nachhaltigkeitsforschung), Hans Diefenbacher (Wirtschaftswissenschaften), Thomas Fuchs (Psychiatrie), Ulrich Gebhard (Erziehungswissenschaften), Thomas Kirchhoff (Ökologie), Dörte Martens/ Nicole Bauer (Umweltpsychologie), Hartmut Rosa (Soziologie), Heinrich Spanier (Umweltschutz), Vera Tekken/ Josef Settele (Umweltforschung), Frank Uekötter (Umweltgeschichte) und Michael Wink (Biologie) deutlich herausgearbeitet. Die Beiträge der Theologen Dirk Evers und Thorsten Moos runden den Band ab. (shrink)

The concept of innovation has entered a turbulent age. On the one hand, it is uncritically understood as ‘technological innovation’ and ‘commercialized innovation.’ On the other hand, ongoing research under the heading responsible research and innovation suggests that current global issues require innovation to go beyond its usual intent of generating commercial value. However, little thought goes into what innovation means conceptually. Although there is a focus on enabling outcomes of innovation processes to become more responsible and desirable, the technological (...) and commercial nature of these processes is rarely questioned. For these reasons, this paper poses the following research question: what concept of innovation is implicitly taken up by the RRI discourse and what implications does this concept have for the societal purpose of RRI? As a first step, we analyze the extent to which the concept of innovation in the RRI literature is uncritically presupposed to be technological. Subsequently, we examine the diverse meanings innovation has had over time and argue that while innovation originally had a political connotation it is only recently restricted to the meaning of technological innovation. We go on to show that even though the concept of technological innovation can contribute to the societal purpose of RRI, this requires certain conditions that are difficult to guarantee. Consequentially, we argue that future research should explore alternative understandings of innovation that better enable the overall feasibility of the emerging frameworks of RRI. (shrink)

Some meritocratic defenders of capitalism rely on the principle that cooperators should receive a share of the product commensurate with their contribution. However, such defences of capitalism fail due to a dilemma. Either they rely on an understanding of contribution that arguably will be reflected by the capital-labour split in suitably idealized capitalist economies, but cannot serve as a plausible standard of merit; or they rely on an interpretation of contribution that is a plausible standard of merit, but which won’t (...) tend to be reflected by the capital-labour split in capitalist economies. (shrink)

Expressions of epistemic modality mark the possibility/necessity of the prejacent proposition relative to some body of evidence/knowledge.

.................................................................................................... ..................... 2 2 LF-Binding and Feature Deletion......................................................................................... 3..

The article tries to inquire a third way in normative ethics between consequentialism or utilitarianism and deontology or Kantianism. To find such a third way in normative ethics, one has to analyze the elements of these classical theories and to look if they are justified. In this article it is argued that an adequate normative ethics has to contain the following five elements: (1) normative individualism, i. e., the view that in the last instance moral norms and values can only (...) be justified by reference to the individuals concerned, as its basis; (2) consideration of the individuals' concerns and interests—aims, desires, needs, strivings—insofar as they have a justificatory function; (3) a pluralism of references of these concerns and hence of moral norms and values to all possible elements of actions; (4) the necessity of a principle of aggregation and weighing with regard to these concerns; (5) finally, as a central principle of aggregation and weighing, the principle of relative reference to self and others, operating as a generalizing meta-principle that guides the application of concrete principles and decisions. (shrink)

This paper is mainly concerned with tense in embedded constructions. I believe that recent research – notably the work by Ogihara (1989) and Abusch (1993) – has contributed much to our better understanding of its semantics. The proposals made by the two authors are, however, still too simplistic in some regards. Among other things, they neglect the interplay of tense with temporal adverbs of quantification and with frame-setters. To get this composition right is a touchstone for every theory of tense (...) and tense semanticists have been concerned with this problem from the beginning on, as witnessed by the analyses in Kratzer (1978), Bäuerle (1979), Dowty (1979/1982), to mention a few. (shrink)

We argue that dominant research approaches concerning mental illness, which are centered on traditional categories of psychiatric classification as codified in the DSM-IV, have serious empirical, conceptual, and foundational problems. These problems have led to a classification scheme and body of research findings that provide a very poor map of the domain of mental illness, a map that, in turn, undermines clinical and research pursuits. We discuss some current efforts to respond to these problems and argue that the DSM-5 revision (...) process is not very promising, whereas the NIMH Research Domain Criteria initiative and some recent research in cognitive neuroscience fares better, although the latter remains potentially compromised by residual influences of the DSM-based approach. We conclude with some lessons and suggestions for the pursuit of alternative research pathways. (shrink)

Zeitgenössische Positionen in der Debatte über fiktionale Namen lassen sich in zwei Lager aufteilen: deskriptivistische und Millsche Ansätze. Deskriptivisten nehmen an, dass der semantische Inhalt eines Namens synonym mit einer Kennzeichnung sei, während Millianerinnen, behaupten, dass der semantische Inhalt eines Namens sein Bezugsobjekt sei. Da es sich bei diesen Ansätzen um Theorien handelt, die sich nicht auf fiktionale Namen beschränken, sondern Eigennamen generell behandeln, müssen sie sich auch Einwänden stellen, die nicht nur auf fiktionale Namen zutreffen. Dieses Kapitel konzentriert sich (...) weniger auf die Darstellung allgemeiner Probleme, sondern auf solche, die sich besonders im Zusammenhang mit fiktionalen Namen stellen. (shrink)

Swedish hunters sometimes appeal to an inviolate ‘right to exist’ for wolves, apparently rejecting NIMBY. Nevertheless, the conditions existence hunters impose on wolves in practice fundamentally contradict their use of right to exist language. Hunters appeal to this language hoping to gain uptake in a conservation and management discourse demanding appropriately objective ecological language. However, their contradictory use of ‘right to exist' opens them up to the charge that they are being deceptive – indeed, right to exist is a 'disguised (...) NIMBY!' We address this situation by distinguishing hunters’ criticisms of wolves from the procedures for reaching objective policy decisions. (shrink)

Populism is on the rise throughout the world and it poses a challenge to democratic theory. Conventional political thought has not dealt seriously with this challenge throughout most of its history. The article takes the challenge seriously, underscoring the rise of Donald Trump as an example of populism. I argue that dominant paradigms in the study of the history of political thought and in normative, Rawlsian approaches do not elucidate populism. I argue that we need to look beyond the mainstream (...) and to comparative political thought in particular. The Latin American political theory tradition, which has been in conversation with European ideas since the dawn of the modern age, provides a model of ‘princely performative populism’ that is more useful. Drawing on a Machiavellian conception of the prince’s aesthetic relationship to the people and the centrality of populist experiences in Latin America, my model provides a novel definition of pop... (shrink)

Reading Nietzsche's work, one can be struck and sometimes even offended by his emphatic, occasionally aggressive use of the term "nausea". Not only does Nietzsche use the term frequently in a triple exclamation,1 he also uses it in places where one would expect more differentiated and, arguably, more precise terms, such as "disgust," "disdain," "aversion," "repugnance," "revulsion," "loathing," and the like. Obviously, Nietzsche, that superb master of language, was not lacking an appropriate vocabulary; hence, an explanation for this fact is (...) needed. A chief aim of this article is to argue that his choice of this—to our ears almost assaulting—term was carefully... (shrink)