This article is an attempt to examine Christoph Menke’s critical theory of modern bourgeois law through the lenses of analytic jurisprudence. We therefore scrutinize some core concepts from his Critique of Rights in order to gain a better understanding of the so-called “new law” which is presented as a theoretical alternative to the allegedly defective law of ius proprium-rights [Eigenrechte]. In the first part, we sharpen Menke’s concept of normativity with a reason-based approach and by using the metaethical notions of (...) formal and robust normativity. This sets the stage for analyzing his brand-new concept of counter-rights [Gegenrechte] in the second part. We identify a whole archipelago of meanings for it and group them by considering potential mereological relations between ius proprium-rights and counter-rights. Our mapping turns out to be fruitful in shedding new light on an already known dilemma for the concept of counter-rights. The final section delivers a sketch of the implementation challenge for counter-rights: How can we achieve a “new law”? We distinguish several conceptions of a corresponding utopia and criticize Menke for resorting to a construction that is based on a fiction. (shrink)

History casts a spell on our minds more powerful than science or religion. It does not root us in the past at all. It rather flatters us with the belief in our ability to recreate the world in our image. It is a form of self-assertion that brooks no opposition or dissent and shelters us from the experience of time. So argues Constantin Fasolt in The Limits of History , an ambitious and pathbreaking study that conquers history's power by (...) carrying the fight into the center of its domain. Fasolt considers the work of Hermann Conring (1606-81) and Bartolus of Sassoferrato (1313/14-57), two antipodes in early modern battles over the principles of European thought and action that ended with the triumph of historical consciousness. Proceeding according to the rules of normal historical analysis--gathering evidence, putting it in context, and analyzing its meaning--Fasolt uncovers limits that no kind of history can cross. He concludes that history is a ritual designed to maintain the modern faith in the autonomy of states and individuals. God wants it, the old crusaders would have said. The truth, Fasolt insists, only begins where that illusion ends. With its probing look at the ideological underpinnings of historical practice, The Limits of History demonstrates that history presupposes highly political assumptions about free will, responsibility, and the relationship between the past and the present. A work of both intellectual history and historiography, it will prove invaluable to students of historical method, philosophy, political theory, and early modern European culture. (shrink)

This comprehensive treatment of Neo-Kantianism discusses the main topics and key figures of the movement and their intersection with other 20th-century philosophers. With the advent of phenomenology, existentialism, and the Frankfurt School, Neo-Kantianism was deemed too narrowly academic and science-oriented to compete with new directions in philosophy. These essays bring Neo-Kantianism back into contemporary philosophical discourse. They expand current views of the Neo-Kantians and reassess the movement and the philosophical traditions emerging from it. This groundbreaking volume provides new and important (...) insights into the history of philosophy, the scope of transcendental thought, and Neo-Kantian influence on the sciences and intellectual culture. (shrink)

The book includes extensive comparisons of Vico with Nietzsche, Heidegger, and Derrida.

Phenomenology was one of the twentieth century’s major philosophical movements and continues to be a vibrant and widely studied subject today. The Routledge Companion to Phenomenology is an outstanding guide and reference source to the key philosophers, topics and themes in this exciting subject, and essential reading for any student or scholar of phenomenology. Comprising over fifty chapters by a team of international contributors, the Companion is divided into five clear parts: main figures in the phenomenological movement, from Brentano to (...) Derrida main topics in phenomenology phenomenological contributions to philosophy phenomenological intersections historical postscript. Close attention is paid to the core topics in phenomenology such as intentionality, perception, subjectivity, the self, the body, being and phenomenological method. An important feature of the Companion is its examination of how phenomenology has contributed to central disciplines in philosophy such as metaphysics, philosophy of mind, moral philosophy, aesthetics and philosophy of religion as well as disciplines beyond philosophy such as race, cognitive science, psychiatry, literary criticism and psychoanalysis. (shrink)

The book is designed as an introduction to the basic questions of musical semantics and represents the quintessence of fifty years of the author's researches into music from Beethoven to Nono.

2020 is the year of the first pandemic lived through the Internet. More than half of the world population is now online and because of self-isolation, our moral and social lives unfold almost exclusively online. Two pressing questions arise in this context: how much can we rely on the Internet, as a set of technologies, and how much should we trust online platforms and applications? In order to answer these two questions, I develop an argument based on two fundamental assumptions: (...) the development stage of today’s Internet is a contingent and not a necessary one and technologies are never neutral. My argument is that today’s pandemic produced an acceleration of the change which started almost 30 years ago, one of online migration, datafication and algorithmization of day to day life, a change in which digital technologies take on the classic role of institutions, both formal and informal. My thesis is a descriptive one, although it has some normative implications: this take over is not just a translation, but a modification or mutation which demands a creative collective answer, although users don’t have direct power over it. When they play the role of institutions, these technologies are surrogates or simulacra. I offer the paradigmatic case of online education, an experiment we were forced into because of the pandemic, in order to show that the institutional matrix of education cannot be reproduced online, due to the limitations of the medium and of the applications, especially those concerning physical presence. In the end I will critically address the question of the role played by Artificial Intelligence in the pandemic, and then I will show that the open source ethics was more useful in approaching scientifically and technologically the problems generated by the epidemic. (shrink)

Our technological lifeworld has become an info-computational media populated by data and algorithms, an artificial environment for life and shared experiences. In this chapter, I tried to sketch three new assumptions for bioethics – it is hardly possible to substantiate ethical guidelines or an idea of normativity in an aprioristic manner; moral status is a function of data entities, not something solely human; agency is plural and thus is shared or sometimes delegated – in order to chart a proposal for (...) a posthuman bioethics. Posthuman is perhaps not the best expression available, but it covers the idea of a shift from a world centered on self-contained and exclusively human agency to a more comprehensive and relational way of thinking. The “posthuman” label should be understood as a rebuttal of biocentrism and anthropocentrism by moving closer to conceptions we encounter in population ethics or in discourse about biosocial and technical systems. Posthuman bioethics is “environmentalist” without losing the humanistic stance. The question regarding how suitable an infocentric bioethics is in practice remains to be settled. The moral principles in bioethics could be reconceived as relying on these new assumptions, in a postindividualistic manner that accepts formal primacy of causal digital artifacts in affording actions in a world of ambient algorithmic intelligence. (shrink)

Presents the basic elements of the philosophy of religion tradition in a new and provocative way as original philosophical narrative interspersed with rich selections from Plato, Boethius, Thomas Aquinas, Anselm, Pascal, Descartes, Paley, Leibniz, Hume, Hegel, Kant, Mill, Stephen, Royce, James, and Clifford. The history and concepts of philosophy of religion emerge more clearly through this integration and interrelation of classical texts with modern summary and interpretation.

Six Maladies of the Contemporary Spirit undertakes an analysis of history, culture and the individual in terms of what Noica describes as the fundamental precariousness of Being. From the level of inanimate matter to that of the human spirit, Being does not reside inertly in the logical categories of universal/general/particular/individual and determinations we employ to define it, but is continually transforming the nexus of relations between them.

This paper seeks to develop a phenomenological account of the disorientation of grief, specifically the relationship between disorientation and the breakdown in practical self-understanding at the heart of grief. I argue that this breakdown cannot be sufficiently understood as a breakdown of formerly shared practices and habitual patterns of navigating lived-in space that leaves the bereaved individual at a loss as to how to go on. Examining the experience of losing a loved person and a loved person-to-be, I instead propose (...) that this breakdown should be understood primarily in relation to a distinctive kind of futurity operative in disorientation,irrespectiveof the extent to which there is a breakdown of formerly shared practices and habitual patterns of navigating lived-in space. Drawing on the resources afforded by Heidegger’s phenomenology, I argue that it is acore characteristicof the experience of disorientation in grief that the grieving person can no longer meaningfully press ahead into aspecific futural self. This view comes with certain advantages over existing accounts of the temporality of grief for making sense of the disorientated relationship to futurity, which the appeal to Heideggerian resources makes possible. (shrink)

This volume brings Cassirer s work into the arena of contemporary debates both within and outside of philosophy. All articles offer a fresh and contemporary look at one of the most prolific and important philosophers of the 20th century. The papers are authored by a wide array of scholars working in different areas, such as epistemology, philosophy of culture, sociology, psychopathology, philosophy of science and aesthetics.".

This paper seeks to develop a phenomenological account of the disorientation of grief, specifically the relationship between disorientation and the breakdown in practical self-understanding at the heart of grief. I argue that this breakdown cannot be sufficiently understood as a breakdown of formerly shared practices and habitual patterns of navigating lived-in space that leaves the bereaved individual at a loss as to how to go on. Examining the experience of losing a loved person and a loved person-to-be, I instead propose (...) that this breakdown should be understood primarily in relation to a distinctive kind of futurity operative in disorientation, irrespective of the extent to which there is a breakdown of formerly shared practices and habitual patterns of navigating lived-in space. Drawing on the resources afforded by Heidegger’s phenomenology, I argue that it is a core characteristic of the experience of disorientation in grief that the grieving person can no longer meaningfully press ahead into a specific futural self. This view comes with certain advantages over existing accounts of the temporality of grief for making sense of the disorientated relationship to futurity, which the appeal to Heideggerian resources makes possible. (shrink)

In this paper, I aim to defend Gadamer’s philosophical hermeneutics against what I call the radical hermeneutic critique, specifically the critique developed in Robert Bernasconi’s article “’You Don’t Know What I’m Talking About’: Alterity and the Hermeneutic Ideal” (1995). Key to this critique is the claim that Gadamer’s account does not rise to the ethical task of embracing the alterity of the Other, but instead reduces it to a projection of one’s self. The implication is therefore that Gadamer’s philosophical hermeneutics (...) has to be rejected on ethical grounds, as it does not appreciate but assimilates the alterity of the Other. In contrast to this radical hermeneutic critique, I argue that Gadamer’s philosophical hermeneutics can accommodate an Other that is not assimilated but appreciated, on the condition that the unique status of a dialogue with the Other as a person is no longer neglected, as Gadamer does, but instead truly distinguished from a dialogue with the Other as a text. (shrink)

This volume focuses on Hegel's philosophy of action in connection to current concerns. Including key papers by Charles Taylor, Alasdair MacIntyre, and John McDowell, as well as eleven especially commissioned contributions by leading scholars in the field, it aims to readdress the dialogue between Hegel and contemporary philosophy of action. Topics include: the nature of action, reasons and causes; explanation and justification of action; social and narrative aspects of agency; the inner and the outer; the relation between intention, planning, and (...) purposeful behaviour; freedom and responsibility; and self-actualisation. This book will appeal alike to Hegel scholars and philosophers of action. -/- List of Contributors: Katerina Deligiorgi, Stephen Houlgate, Dudley Knowles, Arto Laitinen, Alasdair MacIntyre, John Mcdowell, Francesca Menegoni, Dean Moyar, Terry Pinkard, Robert B. Pippin, Michael Quante, Constantine Sandis, Hans-Christoph Schmidt Am Busch, Allen Speight, Charles Taylor, Allen W. Wood. (shrink)

The future rests under the sign of technology. Given the prevalence of technological neutrality and inevitabilism, most conceptualizations of the future tend to ignore moral problems. In this paper we argue that every choice about future technologies is a moral choice and even the most technology-dominated scenarios of the future are, in fact, moral provocations we have to imagine solutions to. We begin by explaining the intricate connection between morality and the future. After a short excursion into the history of (...) Artificial Intelligence, we analyse two possible scenarios, which show that building the future with technology is, first and foremost, a moral endeavor. (shrink)

Interview with Constantine Sigov, dedicated to the history of the "European Dictionary of Philosophies": from the emergence of an idea in the early 90's in France until the accomplishment of the Ukrainian edition in 2019.

Der vorliegende Band bietet eine repräsentative Auswahl der wichtigsten Forschungsmanuskripte zur Methode der transzendental-phänomenologischen Reduktion aus Husserls Spätwerk. Werkgeschichtlich orientiert sich diese Edition an den Arbeitsphasen ab 1926, in denen Husserl wiederholt ein `System der Phänomenologie' bzw. ein phänomenologisches Grundwerk zu verfassen beabsichtigte. In den chronologisch angeordneten Texten, die Husserl im Rahmen seiner Manuskriptordnung vom Frühjahr 1935 einer eigenen Sektion (der `B-Gruppe' mit dem Titel 'Die Reduktion') zuwies, führt er aus Vorlesungen und Forschungsmanuskripten der zwanziger Jahre bekannte Themen fort. Neben (...) der Erörterung verschiedener Wege zur phänomenologischen Reduktion und Strategien der Einleitung in die transzendentale Phänomenologie behandelt Husserl das Problem der Phänomenologie als einer eigenständigen, zur intentionalen Psychologie parallelen, transzendentalen Bewußtseinswissenschaft. Hierzu gehören systematisch die Probleme der Unterscheidung von natürlichem und transzendentalem Ich, des Übergangs von natürlicher zu phänomenologischer Einstellung, des Status des unbeteiligten Zuschauers sowie das Problem der `Verweltlichung' des Transzendentalen und dessen `Einströmen' in die vorphilosophische Lebenswelt. In diesen hauptsächlich der Methodik gewidmeten Forschungsmanuskripten wird das Ganze einer phänomenologischen `Systematik' im Umriß erkennbar. (shrink)

Dieser Quick Guide gibt einen Überblick über Compliance, ESG und Investigations in Emerging Markets im Kontext wachsender Anforderungen wie des deutschen Lieferkettensorgfaltspflichtengesetzes und EU-Verordnungen. Deutsche Unternehmen sind durch neue Regelungen, besonders in Emerging Markets, mit verstärkten Sorgfalts-, Dokumentations- und Berichterstattungspflichten konfrontiert. Dieser Leitfaden beleuchtet diese Herausforderungen und zeigt, wie On-Site Audits effizient durchgeführt werden können. Der Inhalt: Einführung Anknüpfungspunkte: Due Diligence, Supply Chain Compliance, Nachhaltigkeitsberichterstattung, Korruptionsvermeidung Betroffene Kreise: Unternehmen, Tochtergesellschaften, Zulieferer, Dritte Organisation von On-Site Audits Zusammenfassung und Ausblick Die Zielgruppen (...) CEOs, CFOs, Rechtsabteilungsleiter, Compliance-Beauftragte, Beschaffungsmitarbeiter, Rechtsanwälte Die Autoren: RA Dr. Constantin Frank-Fahle, LL.M., Gründungspartner (emltc), spezialisiert auf rechtliche und steuerliche Strukturierung von Auslandsinvestitionen. RA Roland Falder, Counsel (emltc), spezialisiert auf Arbeitsrecht und Compliance Untersuchungen. RA'in Dr. Anna-Luisa Lemmerz, Counsel (emltc), spezialisiert auf Handels- und Gesellschaftsrecht sowie Compliance. (shrink)

Modern societies are characterized by a division of epistemic labor between laypeople and epistemic authorities. Authorities are often far more competent than laypeople and can thus, ideally, inform their beliefs. But how should laypeople rationally respond to an authority’s beliefs if they already have beliefs and reasons of their own concerning some subject matter? According to the standard view, the beliefs of epistemic authorities are just further, albeit weighty, pieces of evidence. In contrast, the Preemption View claims that, when one (...) discovers what an authority believes, it is not permissible to rely on any of one’s own reasons concerning the subject matter. The original version of this view, as proposed by Linda Zagzebski, has recently been severely criticized for recommending blind trust and for abandoning even minimal standards for critical thinking. In our paper, we defend a new version of the Preemption View—Defeatist Preemptionism—in a way that differs radically from Zagzebski’s. We argue that our view can be derived from certain widely accepted general epistemic principles. In particular, we claim that preemption can be identified as a special case of source sensitive defeat. Moreover, we argue that Defeatist Preemptionism does not lead to the undesirable consequences that critics ascribe to the Preemption View. The paper thus articulates the foundations and refinements of the Preemption View, such that it adequately captures the phenomenon of epistemic authority and the rational requirements related to it. (shrink)

These essays bring Neo-Kantianism back into contemporary philosophical discourse.

We establish the existence uncountably many atoms in the subvariety lattice of the variety of involutive residuated lattices. The proof utilizes a construction used in the proof of the corresponding result for residuated lattices and is based on the fact that every residuated lattice with greatest element can be associated in a canonical way with an involutive residuated lattice.

With AI permeating our lives, there is widespread concern regarding the proper framework needed to morally assess and regulate it. This has given rise to many attempts to devise ethical guidelines that infuse guidance for both AI development and deployment. Our main concern is that, instead of a genuine ethical interest for AI, we are witnessing moral diplomacies resulting in moral bureaucracies battling for moral supremacy and political domination. After providing a short overview of what we term ‘ethics washing’ in (...) the AI industry, we analyze the 2021 UNESCO Intergovernmental Meeting of Experts (Category II) tasked with drafting the Recommendation on the Ethics of Artificial Intelligence and show why the term ‘moral diplomacy’ is better suited to explain what is happening in the field of the ethics of AI. Our paper ends with some general considerations regarding the future of the ethics of AI. (shrink)

Due to Gӧdel’s incompleteness results, the categoricity of a sufficiently rich mathematical theory and the semantic completeness of its underlying logic are two mutually exclusive ideals. For first- and second-order logics we obtain one of them with the cost of losing the other. In addition, in both these logics the rules of deduction for their quantifiers are non-categorical. In this paper I examine two recent arguments –Warren (2020), Murzi and Topey (2021)– for the idea that the natural deduction rules for (...) the first-order universal quantifier are categorical, i.e., they uniquely determine its semantic intended meaning. Both of them make use of McGee’s open-endedness requirement and the second one uses in addition Garson’s (2013) local models for defining the validity of these rules. I argue that the success of both these arguments is relative to their semantic or infinitary assumptions, which could be easily discharged if the introduction rule for the universal quantifier is taken to be an infinitary rule, i.e. non-compact. Consequently, I reconsider the use of the ω-rule and I show that the addition of the ω-rule to the standard formalizations of first-order logic is categorical. In addition, I argue that the open-endedness requirement does not make the first-order Peano Arithmetic categorical and I advance an argument for its categoricity based on the inferential conservativity requirement. (shrink)

Is knowledge-how, or “practical” knowledge, a species of knowledge-that, or “theoretical” knowledge? There is no comfortable position to take in the debate around this question. On the one hand, there are counterexamples against the anti-intellectualist thesis that practical knowledge is best analysed as an ability. They show that having an ability to ϕ is not necessary for knowing how to ϕ. On the other hand, the intellectualist analysis of practical knowledge as a subspecies of theoretical knowledge is threatened by its (...) own set of counterexamples, which convincingly establish that practical knowledge lacks many of the typical characteristics of theoretical knowledge. Most strikingly it does not even appear to require a belief. In this paper, I develop an account of practical knowledge that avoids these counterexamples. It also manages to preserve both the status of such knowledge as a cognitive achievement and its apparently close conceptual relation to abilities. I start with the counterexamples against the necessity of abilities for practical knowledge and show that they fail because they underestimate the cognitive demands of attempts. I then make use of the logic of dispositions to bridge the gap that counterexamples against the necessity of abilities for practical knowledge open. It is argued that, instead of the ability to ϕ, it is a specific disposition to have the ability to ϕ that constitutes practical knowledge about ϕ. The resulting theory is an anti-intellectualist position that preserves essential intellectualist motivations and thus should be satisfactory for proponents of both views. (shrink)

In a unique collection of essays and poems written in English, French, German and Russian (with a seasoning of Greek and Japanese), Constantine Shapiro explores fascinating universal questions and connections. Why, he asks, do so many people feel unhappy? Why do so many go to the doctor? Why is there so much criminality? Why is there international unrest? What is a healthy soul? In his investigation of these and other "Big Questions," the author examines such disparate areas as Japanese kanji (...) ideograms and personal character, spiritual ontology and science, Zeus and Christianity, objectivity and subjectivity in time and space, the nature of experience, and the flow of consciousness. The modern reader will find much to ponder in this second, expanded edition of Selected Writings. Also included are facsimiles of the typescript of Two Mathematical Problems and the Japanese translation of Transzendentale Musiklehre. (shrink)