Carl Schmitt verfügt heute über eine so breite und stets wachsende internationale Leserschaft wie kein anderer deutscher Staatsrechtslehrer des vergangenen Jahrhunderts. Sein Werk wird dabei freilich meist isoliert betrachtet und allenfalls auf den staatsrechtlichen Kontext bezogen. Im Mittelpunkt dieses Buches steht dagegen der politische Intellektuelle, der weit über die Grenzen seines Faches hinauswirkte. Besondere Aufmerksamkeit gilt dabei den Anfangs- und den Endjahren der Weimarer Republik. Während Schmitt in München Strategien zur Zähmung der Revolution entwickelte, setzte er sich in seinen Berliner (...) Jahren für eine autoritäre Transformation der Verfassung ein, die neben der äußersten Linken auch die äußerste Rechte von der Macht fernhalten sollte. Das geschah nicht nur in der Form der verfassungsrechtlichen Expertise für Regierungskreise, sondern auch durch publizistische Interventionen, bei denen der in Bonn gebildete Schülerkreis Schmitts eine tragende Rolle spielte. Zeitschriften wie Der Ring und das Deutsche Volkstum standen in der Endkrise der Weimarer Republik zeitweise vollständig unter dem Einfluß Schmittscher Ideen, und auch im breiteren Umfeld waren sie präsent, etwa in den Organen der Bündischen Jugend oder in der vielgelesenen Tat. Selbst Kritiker Schmitts konnten sich diesem Einfluß nicht entziehen, wie am Beispiel Otto Kirchheimers, Franz Neumanns, Ernst Fraenkels, Waldemar Gurians und anderer gezeigt wird. Gestützt auf nachgelassene Korrespondenzen und eine umfassende Auswertung der zeitgenössischen Publizistik gibt das Buch Aufschluß über Schmitts Netzwerk und seine politischen Strategien. (shrink)

Die Arbeit des Bundesverfassungsgerichts hat Ausstrahlungswirkung auf alle drei Staatsgewalten. Während sich das Interesse der Öffentlichkeit wie der Medien im Wesentlichen auf spektakuläre Einzelurteile fokussiert, bemüht sich die Rechtswissenschaft, die Rechtsprechung des BVerfG in ihrer gesamten Breite zu erfassen, zu analysieren und zu strukturieren. Die wissenschaftlichen MitarbeiterInnen nehmen als Erste Tendenzen und Rechtsprechungslinien wahr und begleiten sie mit ihrer Arbeit. Aus dieser Nahsicht herauswird in dem vorliegenden Bandder Versuch unternommen, zentrale, charakteristische und bedeutsame Themen und Fragestellungen aufzugreifen und auf wissenschaftlichem (...) Niveau zu erörtern. Die Beiträge gehen dabei über bloße Entscheidungsbesprechungen ebenso hinaus wie über Rechtsprechungsübersichten. Im Aufzeigen sowohl von Hintergründen als auch von Tendenzen der Verfassungsrechtsprechung und ihrer aktuellen und praktischen Bezüge zur Tätigkeit der anderen Staatsgewalten gerade durch Mitarbeiter des Gerichts liegt der besondere Wert dieses Sammelbandes. (shrink)

In recent years, interest in pre-reflective self-consciousness has increased significantly. One of the central points of inquiry is whether pre-reflective self-consciousness ubiquitously accompanies phenomenal consciousness. This paper explores a phenomenological justification for the thesis that pre-reflective self-consciousness ubiquitously accompanies phenomenal consciousness. Allegedly, the ubiquity of pre-reflective self-consciousness can be proved on the basis of phenomenological description. The aim of this paper is to develop a new objection against this justification of the ubiquity thesis.

The distinction between causal role and selected effect functions is typically framed in terms of their respective explanatory roles. However, much of the controversy over functions in genomics takes place in an investigative, not an explanatory context. Specifically, the process of component-driven functional investigation begins with the designation of some genetic or epigenetic element as functional —i.e. not junk— because it possesses properties that, arguably, suggest some biologically interesting organismal effect. The investigative process then proceeds, in a bottom-up fashion, to (...) search for those effects. I argue that this process encounters a problem reminiscent of one that Gould and Lewontin associated with the adaptationist program. Just as their stereotypical adaptationst became trapped in the myopic pursuit of one selectionist hypothesis after another, so can the investigation of CR functions in genomics lead to an unending series putative organism-level CR functions for junk DNA. This is an acute problem for genomics, because eukaryotic genomes are littered with transposable elements and their deactivated descendants which often masquerade as interesting CR-functional components and it is experimentally onerous to determine whether they lack such a function. I further argue that selectionist reasoning about TE-host coevolutionary dynamics can greatly streamline the investigative process. Importantly, selectionist hypotheses need not be well confirmed to be illuminating in this context. Informed selectionist reasoning about the strategic roles of TEs in the genome offers a corrective to the idea that most of our DNA is somehow CR functional for the organism. (shrink)

ABSTRACT:The notion of “democracy” has become a much-debated concept in scholarship on business ethics, management, and organization studies. The strategy of this paper is to distinguish between a principle of organization that fosters participation (type I democracy) and a principle of legitimation that draws on consent (type II democracy). Based on this distinction, we highlight conceptual shortcomings of the literature on stakeholder democracy. We demonstrate that parts of the literature tend to confound ends with means. Many approaches employ type I (...) democracy notions of participation and often take for granted that this also improves type II democratic legitimation. We hold this to be a mistake. We provide examples of the ambiguity of organizational procedures and show that under some circumstances a decrease in the degree of participation may actually increase legitimation because a governance structure that results in higher productivity can provide higher benefits for all parties involved, serve their interests and therefore meet their agreement. Less type I democracy may mean more type II democracy. We believe this to be an important insight for judging (and further improving) the legitimacy of both capitalistic firms and competitive markets. (shrink)

This essay is the first attempt to compare Reinhart Koselleck's Historik with Hannah Arendt's political anthropology and her critique of the modern concept of history. Koselleck is well-known for his work on conceptual history as well as for his theory of historical time. It is my contention that these different projects are bound together by Koselleck's Historik, that is, his theory of possible histories. This can be shown through an examination of his writings from Critique and Crisis to his final (...) essays on historical anthropology, most of which have not yet been translated into English. Conversely, Arendt's political theory has in recent years been the subject of numerous interpretations that do not take into account her views about history. By comparing the anthropological categories found in Koselleck's Historik with Arendt's political anthropology, I identify similar intellectual lineages in them as well as shared political sentiments, in particular the anti-totalitarian impulse of the postwar era. More importantly, Koselleck's theory of the preconditions of possible histories and Arendt's theory of the preconditions of the political, I argue, transcend these lineages and sentiments by providing essential categories for the analysis of historical experience. (shrink)

This paper describes and discusses the phenomenon ‘predatory publishing’, in relation to both academic journals and books, and suggests a list of characteristics by which to identify predatory journals. It also raises the question whether traditional publishing houses have accompanied rogue publishers upon this path. It is noted that bioethics as a discipline does not stand unaffected by this trend. Towards the end of the paper it is discussed what can and should be done to eliminate or reduce the effects (...) of this development. The paper concludes that predatory publishing is a growing phenomenon that has the potential to greatly affect both bioethics and science at large. Publishing papers and books for profit, without any genuine concern for content, but with the pretence of applying authentic academic procedures of critical scrutiny, brings about a worrying erosion of trust in scientific publishing. (shrink)

In this paper we introduce a Gentzen calculus for (a functionally complete variant of) Belnap's logic in which establishing the provability of a sequent in general requires \emph{two} proof trees, one establishing that whenever all premises are true some conclusion is true and one that guarantees the falsity of at least one premise if all conclusions are false. The calculus can also be put to use in proving that one statement \emph{necessarily approximates} another, where necessary approximation is a natural dual (...) of entailment. The calculus, and its tableau variant, not only capture the classical connectives, but also the `information' connectives of four-valued Belnap logics. This answers a question by Avron. (shrink)

This paper discusses the polemical question of whether explanations that produce understanding must be true. It argues positively for the role of truth in reaching explanatory understanding, by presenting three lines of criticism of alternative accounts. The first is that by rejecting truth as a criterion for evaluating explanations, any non-factual account thereby effectively cuts ties with the central theories of explanations, which provide at least partial criteria for explanatory understanding. The second line of criticism is that some of the (...) most well-known non-factual accounts implicitly operate over a notion of partial-truth, and as such, they do not provide a valid alternative. The final critical argument is that, in the place of truth evaluations, these accounts often offer a multiplicity of other criteria, and by changing a unitary criterion such as truth for a collection of other requirements, these non-factive theories introduce a level of ad hoc-ness, which diminishes their normative value. (shrink)

The ocean’s properties and processes are now mostly known through distributed sensor networks. Among the most widespread of such networks are those that connect wave-measuring buoys. Buoys have been deployed and consulted by national meteorological organizations, state militaries, multinational corporations, and citizens. This paper zeroes in on the Directional Waverider, the most widely used buoy, manufactured since 1961 in the Netherlands by Datawell. I am interested in this buoy’s material qualities and networks of use, its life within legal frameworks, and (...) its media ecology. Staging my account against the metaphysical Italian author Italo Calvino’s “Reading a Wave,” I explore what it means to “read” a sensing technology. (shrink)

This book offers a scientific whistleblower’s perspective on current implementation of federal research misconduct regulations. It provides a narrative of general interest that relates current cases of research ethics to philosophical, historical and sociological accounts of fraud in scientific research. The evidence presented suggests that the problems of falsification and fabrication remain as great as ever, but hidden because the current system puts universities in charge of investigations and permits them to use confidentiality regulations to hide the outcomes of investigations. (...) The book documents the significant conflict of interest that arises because federal regulation gives universities the responsibility to conduct investigations of their own faculty with severely limited oversight. The book is intended for young research scientists or anyone who wishes to understand the challenges faced by scientists in the workplace today. The central thread in the book is an exclusive account of an experienced research scientist who was the first to expose the facts that led to the longest running research misconduct investigation in the history of the National Science Foundation. (shrink)

The semantic valuations of classical logic, strong Kleene logic, the logic of paradox and the logic of first-degree entailment, all respect the Dunn conditions: we call them Dunn logics. In this paper, we study the interpolation properties of the Dunn logics and extensions of these logics to more expressive languages. We do so by relying on the \ calculus, a signed tableau calculus whose rules mirror the Dunn conditions syntactically and which characterizes the Dunn logics in a uniform way. In (...) terms of the \ calculus, we first introduce two different interpolation methods, each of which uniformly shows that the Dunn logics have the interpolation property. One of the methods is closely related to Maehara’s method but the other method, which we call the pruned tableau method, is novel to this paper. We provide various reasons to prefer the pruned tableau method to the Maehara-style method. We then turn our attention to extensions of Dunn logics with so-called appropriate implication connectives. Although these logics have been considered at various places in the literature, a study of the interpolation properties of these logics is lacking. We use the pruned tableau method to uniformly show that these extended Dunn logics have the interpolation property and explain that the same result cannot be obtained via the Maehara-style method. Finally, we show how the pruned tableau method constructs interpolants for functionally complete extensions of the Dunn logics. (shrink)

This chapter discusses some of the central theoretical perspectives on culture and cultural practices implied in Pragmatism and interactive constructivism. The first part of the chapter highlights three major perspectives on cultural theory to be found in Dewey's thought: culture and experience, culture and habit, and culture and communication. The chapter then compares basic conceptual tools and interpretive approaches and shows that Dewey's work continues to provide fundamental resources in this field. Through this connection, it presents a brief introduction to (...) theories of discourse and power and discusses some implications for current controversies regarding multiculturalism. It argues that Dewey's Pragmatism and the Cologne program of interactive constructivism share a robust interest in culture and cultural diversity. (shrink)

Inference to the Best Explanation is usually employed in the Scientific Realism debates. As far as particular scientific theories are concerned, its most ready usage seems to be that of a theory of confirmation. There are however more uses of IBE, namely as an epistemological theory of testimony and as a means of categorising and justifying the sources of evidence. In this paper, I will present, develop and exemplify IBE as a theory of the quality of evidence - taking examples (...) from medicine and showing that IBE can thereby provide the epistemological underpinning and justify the criteria of grading quality of mechanistic evidence that have been recently provided in the Clarke et al. paper on how evidence of medical mechanisms is to be construed alongside population studies. (shrink)

Güss, Tuason, and Devine (2020) recently provide an opinion concerning problems with police reports as data source from a researchers' perspective. Based on their research project using police reports, they report their experiences with research using this data type.According to the authors, the first problem concerns the limited access to police reports and second problem arises from poor the quality of police reports. Their experiences stem from the United States of America, and it seems that police reports as a data (...) source did not meet the researcher's expectations. At first glance, one might assume that researchers would find a comparable situation regarding police reports in Germany as well (and probably everywhere).The first problem highlighted by Güss et al. derives, not surprisingly, from the access to police data in general. Most recently, Geujges and Terizakis (2022) report experiences from their own research project in several federal states of Germany comparable to those of Güss et al. (2020). Similarly to the United States, Germany is federally organized. By constitution (Art. 30 GG), the sixteen federal states execute governmental authority by sixteen state polices and release different police laws and specific regulations that determine practical police work and consequently the access to police data. Moreover, the willingness of police organizations to support external (independent) research seems to differ both between federal states and within federal sta... (shrink)

There can be analyzed at least four different types of intentions: prior inten- tions, intentions in action, intentions with which and further intentions. But how are these different types of intentions related? And what is their relation to goals in goal-directed actions? This work tries to answer these questions by a temporal analysis of intentions as mental states. It gives a new argument for the unity of the different forms of intention and shows the central state goals have thereby.

Dieses Buch befasst sich mit der Wirkung Richard Wagners und Friedrich Nietzsches auf die Ideologien der radikalen Rechten, die in der einen oder anderen Form Eingang in die Sammlungsbewegung des Nationalsozialismus gefunden haben. Es konzentriert sich also auf die Rezeption durch die intellektuelle Rechte des Kaiserreichs und der Weimarer Republik, die zur Analyse des Nationalsozialismus wie der neuen Rechten durch die Erhellung der Vorgeschichte der Ideologien beiträgt. Zwei Kapitel widmen sich dem theoretischen Werk Wagners und dem Werk Nietzsches und den (...) Beziehungen der beiden Leitfiguren des späten 19. Jahrhunderts untereinander"--Page 4 of cover. (shrink)

Sartre’s description of violence from his often-neglected Notebooks for an Ethics can be analyzed from a psychological point of view in relationship with other negative passions like hatred, fury, pain and sufferance. Literary characters such as Seneca’s Medea or Anouilh’s Antigone seem to embody this fundamental characteristic of violence: the alliance with an ontological striving for destruction. In this paper we provide an interpretation of the Sartrean portrait of the violent man, analyzing its connections with his existential doctrine from Being (...) and Nothingness, and its affinity with modern nihilism (Nietzsche and Cioran) and Gnostic dualism (Catharism and Manicheanism). (shrink)

Embargoes are usually considered a product of modernity. Attempts by some political scientists to argue the contrary have been made on an inadequate basis. Although medievalists have written about embargoes, they have typically considered this research subject only as a footnote to trade or crusade. This study first briefly defines embargo and then presents a broad view of its employment in the Middle Ages. Its argument is that early medieval imperial systems of export controls notwithstanding, embargo emerged as an instrument (...) of foreign policy alongside economic protectionism and trade wars in the wake of the Commercial Revolution of the central Middle Ages. (shrink)

We discuss a dual of the Open Coloring Axiom introduced by Abraham et al. [U. Abraham, M. Rubin, S. Shelah, On the consistency of some partition theorems for continuous colorings, and the structure of 1-dense real order types, Ann. Pure Appl. Logic 29 123–206] and show that it follows from a statement about continuous colorings on Polish spaces that is known to be consistent. We mention some consequences of the new axiom and show that implies that all cardinal invariants in (...) Cichoń’s diagram are at least 2. (shrink)

This article analyzes computer security rhetoric, particularly in the United States, arguing that dominant cultural understandings of immunology, sexuality, legality, citizenship, and capitalism powerfully shape the way computer viruses are construed and combated. Drawing on popular and technical handbooks, articles, and Web sites, as well as on e-mail interviews with security professionals, the author explores how discussions of computer viruses lean on analogies from immunology and in the process often encode popular anxieties about AIDS. Computer security rhetoric about compromised networks (...) also uses language reminiscent of that used to describe the “bodies” of nation-states under military threat from without and within. Such language portrays viruses using images of foreignness, illegality, and otherness. The security response to viruses advocates the virtues of the flexible and adaptive response—a rhetoric that depends on evolutionary language but also on the ideological idiom of advanced capitalism. (shrink)

“The Power of Translation” examines the language phenomenon of translation in the context of power relations and the transcendence of power relations. The thesis of the article can be summarized in point form: *Translation is a player in the power structure of human relating from which it cannot be extracted and based on an objective and purely translative ground. *Translation, as much as language itself, is a force which results in separation, not in connection. At the same time, the ‘tools’ (...) (technology, translation, language, eros) which separate us become connective where they retain the capacity of self-subversion and dialogue. *Subsequent to this dynamic, we discern the colonizing and eschatological plot inherent in translation. Translation is an ‘open’ phenomenon, always engaged in creating structures which are both oppressive and liberating. It is this openness which constitutes the power of translation. (shrink)

The SOPhiA conferences are intended to give young predoctoral philosophers the possibility to actively attend a professional conference, to tackle current, as well as classical, philosophical problems, and to discuss their own approaches with promising students from many dierent countries as well as with wellestablished experts. We are firmly convinced that this is a natural and necessary step for promoting the next generation of analytic philosophers and thus, strengthening analytic philosophy in general. Because we believe that the methods of analytic (...) philosophy can be fruitfully applied to all areas of philosophy, the SOPhiA conferences do not have a thematic focus; this is also reflected by the fact that the talks given at SOPhiA 2011 covered all areas of philosophy. (shrink)

The article discusses this intricate issue of women’s anti-Fascist/communist activism during World War II in Romania. I am particularly interested in the relationship that developed between the Romanian Communist Party and the women who joined the movement in the complicated context of World War II. The article is attempting to assess whether women’s increased involvement in the communist organization was due to the previous and continuous politics of the RCP, or it was a mere consequence of unprecedented circumstances. The article (...) also addresses issues related to the legacy of the anti-Fascist/communist women’s struggle during World War II, in their attempt to establish postwar public careers, but also the manner in which their efforts and activisms were recognized and/or recompensed after the war. (shrink)

Clarke and Beck argue that the ANS doesn't represent non-numerical magnitudes because of its second-order character. A sensory integration mechanism can explain this character as well, provided the dumbbell studies involve interference from systems that segment by objects such as the Object Tracking System. Although currently equal hypotheses, I point to several ways the two can be distinguished.

Links between musicality and vocal emotion perception skills have only recently emerged as a focus of study. Here we review current evidence for or against such links. Based on a systematic literature search, we identified 33 studies that addressed either (a) vocal emotion perception in musicians and nonmusicians, (b) vocal emotion perception in individuals with congenital amusia, (c) the role of individual differences (e.g., musical interests, psychoacoustic abilities), or (d) effects of musical training interventions on both the normal hearing population (...) and cochlear implant users. Overall, the evidence supports a link between musicality and vocal emotion perception abilities. We discuss potential factors moderating the link between emotions and music, and possible directions for future research. (shrink)

In this paper I argue that, from a pragmatist point of view, to know the past means to anticipate it. Accordingly, historical inquiry is directed towards the future, namely the future of the past as known. I develop this argument in three steps: (I.) Starting with A. O. Lovejoy’s criticism of Dewey’s anticipatory theory of knowledge I defend the basic claim that all knowledge, including knowledge of the past, is anticipatory (i.e. directed at future consequences). Lovejoy’s criticism shows that Dewey’s (...) statements invite misunderstandings, which have to be removed. (II.) I then turn to C. I. Lewis’ enhanced outline of a pragmatist theory of knowledge. Lewis provides epistemological arguments regarding the structural features of knowledge of the past and argues knowledge that is gained by the past’s present effects. (III.) Finally, I turn to a notable essay by E. Wind in which he stresses the intrusive and future-oriented character of historical inquiry: Documents are used as instruments for intruding into the past, asking how the past will be understood in the light of new or reconsidered evidence. This process involves anticipating the effects that a different past will have on those affected by the history in question. (shrink)

‘Plastinates’ (i.e. corpses conserved through plastics) are lab created artifacts which since the nineties have been the subject of a cultural field experiment via an anatomical exhibition. Similarly to brain-dead or digitalized bodies, they constitute an ambiguous form of post-mortem existence. The article inquires after the ways in which the ontological status of these entities is constituted through the practices of body donors, anatomists and visitors. Plastinates owe their ambiguity to an oscillation between two different frames of perception. Their meaning (...) is determined by the extent to which an anatomy exhibition can impose a ‘medical gaze’ over a non-professional way of perception, which would stubbornly associate bodies with persons. This association depends on two qualities of plastinates, which refer back to the donor: on the one hand, they draw the observer into a communicational relationship, since the body is the archetypal medium of the self-representation of persons. On the other hand, the plastinated body, considered as ‘bequest’, acquires a biographical dimension: though the exhibition tries to appropriate the individual body anatomically, as an exemplar of a timeless, abstract idea of the human, the visitor’s mundane perspective reintegrates the exhibit into history. Plastinates are the embodied expression of the last will of those people whom the public meets in the exhibition. (shrink)

Recently several educational theorists have argued for the incorporation of a scepticism of a postmodern kind into educational theory and into educational research more specifically. Their understanding of postmodernism in terms of scepticism harbours much potential, but to avoid confusion and misunderstanding it is of importance that the ‘scepticism’ associated with postmodernism is distinguished from traditional philosophical scepticism, be it as part of the very process of theoretical scrutiny or as a challenge towards its results. In this paper it will (...) be argued that the interest of postmodernist ‘scepticism’ lies not in a quest for ever more certainty but rather in the way it moves beyond both foundationalism and philosophical scepticism. This will be elaborated from the point of view of a Wittgensteinian understanding of theoretical scrutiny (as found in On Certainty). This opens up the possibility of shedding light on postmodernist ‘scepticism’ in educational theory in terms of an aesthetic distance towards what is reflected upon. (shrink)