The results of two experiments are analyzed to find out how artistic expertise influences visual search. Experiment I comprised survey data of 1,065 students on self-reported visual memory skills and their ability to find three targets in four images of artwork. Experiment II comprised eye movement data of 50 Visual Literacy experts and non-experts whose eye movements during visual search were analyzed for nine images of artwork as an external validation of the assessment tasks performed in Sample I. No time (...) constraint was set for completion of the visual search task. A latent profile analysis revealed four typical solution patterns for the students in Sample I, including a mainstream group, a group that completes easy images fast and difficult images slowly, a fast and erroneous group, and a slow working student group, depending on task completion time and on the probability of finding all three targets. Eidetic memory, performance in art education and visual imagination as self-reported visual skills have significant impact on latent class membership probability. We present a hidden Markov model approach to uncover underlying regions of attraction that result from visual search eye-movement behavior in Experiment II. VL experts and non-experts did not significantly differ in task time and number of targets found but they did differ in their visual search process: compared to non-experts, experts showed greater precision in fixating specific prime and target regions, assessed through hidden state fixation overlap. Exploratory analysis of HMMs revealed differences between experts and non-experts in image locations of attraction. Experts seem to focus their attention on smaller image parts whereas non-experts used wider parts of the image during their search. Differences between experts and non-experts depend on the relative saliency of targets embedded in images. HMMs can determine the effect of expertise on exploratory eye movements executed during visual search tasks. Further research on HMMs and art expertise is required to confirm exploratory results. (shrink)

Differences in the ability of students to judge images can be assessed by analyzing the individual preference order of images. To gain insights into potential heterogeneity in judgement of visual abstraction among students, we combine Bradley–Terry preference modeling and model-based recursive partitioning. In an experiment a sample of 1,020 high-school students ranked five sets of images, three of which with respect to their level of visual abstraction. Additionally, 24 art experts and 25 novices were given the same task, while their (...) eye movements were recorded. Results show that time spent on the task, the students’ age, and self-reported interest in visual puzzles had significant influence on rankings. Fixation time of experts and novices revealed that both groups paid more attention to ambiguous images. The presented approach makes the underlying latent scale of visual judgments quantifiable. (shrink)

It is widely believed that what distinguishes the social cognition of humans from that of other animals is the belief–desire psychology of four–year–old children and adults (so–called theory of mind). We argue here that this is actually the second ontogenetic step in uniquely human social cognition. The first step is one year old children's understanding of persons as intentional agents, which enables skills of cultural learning and shared intentionality. This initial step is ‘the real thing’ in the sense that it (...) enables young children to participate in cultural activities using shared, perspectival symbols with a conventional/normative/reflective dimension—for example, linguistic communication and pretend play—thus inaugurating children's understanding of things mental. Understanding beliefs and participating in collective intentionality at four years of age—enabling the comprehension of such things as money and marriage—results from several years of engagement with other persons in perspective–shifting and reflective discourse containing propositional attitude constructions. (shrink)

Research on sustainability assurance is still in its beginnings. One of the key questions in this field that also is of the highest practical relevance is concerned with the quality of the assurance process. However, a common understanding of assurance quality and how it should be measured is still missing. We try to close this gap by building on the financial audit literature. We introduce a definition of assurance quality that comprises two key aspects: the depth of the assurance process (...) and the breadth of the assurance statement. Based on prior research, we hypothesize that a firm’s sustainability performance is related to the depth of the assurance process, while the type of the assurance provider, more precisely the affiliation to the accounting profession, is related to the breadth of the assurance statement. Results for a sample of 122 European firms reveal a negative relationship between sustainability performance and assurance process depth as well as between the affiliation to the accounting profession and assurance statement breadth. Thus, we find evidence that poor sustainability performers ask for in-depth assurance services, most likely as a means to enhance their internal sustainability-related processes and systems. Assurance providers that do not belong to the accounting profession in turn are associated with broader assurance statements. (shrink)

How does the brain generate our experience of being in control over our actions and their effects? Here, we argue that the perception of events as self-caused emerges from a comparison between anticipated and actual action-effects: if the representation of an event that follows an action is activated before the action, the event is experienced as caused by one’s own action, whereas in the case of a mismatch it will be attributed to an external cause rather than to the self. (...) In a subliminal priming paradigm we show that participants overestimated how much control they had over objectively uncontrollable stimuli, which appeared after free- or forced-choice actions, when a masked prime activated a representation of the stimuli immediately before each action. This prime-induced control-illusion was independent from whether primes were consciously perceived. Results indicate that the conscious experience of control is modulated by unconscious anticipations of action-effects. (shrink)

While interdisciplinarity is not a new concept, the political and discursive mobilisation of interdisciplinarity is. Since the 1990s, this movement has intensified, and this has affected central funding bodies so that interdisciplinarity is now a de facto requirement in successful grant application. As a result, the literature is ripe with definitions, taxonomies, discussions and other attempts to grasp and define the concept of interdisciplinarity. In this paper, we explore how strategic demands for interdisciplinarity meet, interact with and change local research (...) practices and results of higher education and research. Our aim is to question and trace the consequences of applying the slippery and difficult term interdisciplinarity in research. The paper is based on ethnographic fieldwork in a Danish interdisciplinary research programme, where we observed and analysed practices of writing, publishing, collaboration and educational development in five different research projects. We show how the call for interdisciplinarity was mobilised in a way that rendered the incentives and motives behind the programme unclear. Furthermore, we argue that the absence of clear definitions and assessment criteria produced a dominant, all-inclusive, but vague, configuration of interdisciplinarity that affected the research outcome, and ultimately, promoted and reproduced the existing monodisciplinary research and power structures. (shrink)

In view of the numerous accounting and corporate scandals associated with various forms of moral misconduct and the recent financial crisis, economics and business programs are often accused of actively contributing to the amoral decision making of their graduates. It is argued that theories and ideas taught at universities engender moral misbehavior among some managers, as these theories mainly focus on the primacy of profit-maximization and typically neglect the ethical and moral dimensions of decision making. To investigate this criticism, two (...) overlapping effects must be disentangled: the self-selection effect and the treatment effect. Drawing on the concept of moral judgment competence, we empirically examine this question with a sample of 1773 bachelor’s and 501 master’s students. Our results reveal that there is neither a self-selection nor a treatment effect for economics and business studies. Moreover, our results indicate that—regardless of the course of studies—university education in general does not seem to foster students’ moral development. (shrink)

This study explores the attitude of German psychiatrists in leading positions towards joint crisis plans and psychiatric advance directives. This topic was examined by contacting 473 medical directors of German psychiatric hospitals and departments. They were asked to complete a questionnaire developed by us. That form contained questions about the incidence and acceptance of joint crisis plans and psychiatric advance directives and previous experiences with them. 108 medical directors of psychiatric hospitals and departments responded . Their answers demonstrate that in (...) their hospitals these documents are rarely used. Among the respondents, joint crisis plans are more accepted than psychiatric advance directives. There is a certain uncertainty when dealing with these instruments. Our main conclusion is that German psychiatry needs an intensified discussion on the use of instruments for patients to constitute procedures for future critical psychiatric events. For this purpose it will be helpful to collect more empirical data. Furthermore, the proposal of joint crisis plans in psychiatric hospitals and departments should be discussed as well as the possibility of consulting an expert during the preparation of a psychiatric advance directive. (shrink)

In this paper an approach to the exhaustive interpretation of answers is developed. It builds on a proposal brought forward by Groenendijk and Stokhof (1984). We will use the close connection between their approach and McCarthy's (1980, 1986) predicate circumscription and describe exhaustive interpretation as an instance of interpretation in minimal models, well-known from work on counterfactuals (see for instance Lewis (1973)). It is shown that by combining this approach with independent developments in semantics/pragmatics one can overcome certain limitations of (...) Groenenedijk and Stokhof's (1984) proposal. In the last part of the paper we will provide a Gricean motivation for exhaustive interpretation building on work of Schulz (to appear) and van Rooij and Schulz (2004). (shrink)

When do children acquire a propositional attitude folk psychology or theory of mind? The orthodox answer to this central question of developmental ToM research had long been that around age 4 children begin to apply “belief” and other propositional attitude concepts. This orthodoxy has recently come under serious attack, though, from two sides: Scoffers complain that it over-estimates children’s early competence and claim that a proper understanding of propositional attitudes emerges only much later. Boosters criticize the orthodoxy for underestimating early (...) competence and claim that even infants ascribe beliefs. In this paper, the orthodoxy is defended on empirical grounds against these two kinds of attacks. On the basis of new evidence, not only can the two attacks safely be countered, but the orthodox claim can actually be strengthened, corroborated and refined: what emerges around age 4 is an explicit, unified, flexibly conceptual capacity to ascribe propositional attitudes. This unified conceptual capacity contrasts with the less sophisticated, less unified implicit forms of tracking simpler mental states present in ontogeny long before. This refined version of the orthodoxy can thus most plausibly be spelled out in some form of 2-systems-account of theory of mind. (shrink)

This article focusses on the social and legal implications that blockchain technology brings about, not only due to its ideological framework, but also, and especially, due to the concept of law it inaugurates. Thus, this article claims, that, by interlocking technological and legal structures, blockchain technology initiates a profound displacement of legal symbolics and imaginaries. It shows how blockchain law, by emancipating itself from three essential dimensions of law—language, territory, and the body—implies a profound disruption of how we perceive law (...) and its legitimacy. Starting with an overview of the technological details of blockchain, the paper then addresses its ideological context and traces the underlying ideas, values and functions and their relation with—and impact on—the general perception of law and legal issues. By critically assessing the claim that blockchain will liberate the subject from any heteronymic constraints, this paper analyses to what extent this technology has social and legal implications that reach far beyond its virtual, purely blockchain-related scope of applications—and why this technology should matter to us all. (shrink)

In this paper an approach to the exhaustive interpretation of answers is developed. It builds on a proposal brought forward by Groenendijk and Stokhof (1984). We will use the close connection between their approach and McCarthy’s (1980, 1986) predicate circumscription and describe exhaustive interpretation as an instance of interpretation in minimal models, well-known from work on counterfactuals (see for instance Lewis (1973)). It is shown that by combining this approach with independent developments in semantics/pragmatics one can overcome certain limitations of (...) Groenenedijk and Stokhof’s (1984) proposal. In the last part of the paper we will provide a Gricean motivation for exhaustive interpretation building on work of Schulz (to appear) and van Rooij and Schulz (2004). (shrink)

Cost-benefit analysis is widely acknowledged to be an appropriate tool for providing advice to policy makers on the optimal use and management of natural resources. However, a great deal of research has indicated that the assumptions made in cost-benefit analysis concerning the natural environment diverge from real world observations. In this paper I discuss these observed divergences. To do so, I introduce the concept of Natura economica. Natura economica is the environment as it is understood in economic analysis in general, (...) and cost-benefit analysis in particular, namely as a bundle of commodities with potential market value. I argue that if this understanding of nature and its value is very different from what is generally observed, it reduces the value of the resulting policy recommendations. I then suggest four questions that policy makers should ask when they evaluate their choice of appraisal methods. If the answer is 'yes' to all of them, then cost-benefit analysis can provide valid information. However, if the answer to any of these questions is 'no', other methods, such as multicriteria analysis and participatory processes, should be considered in order to arrive at better-founded policy recommendations. (shrink)

This paper examines whether adults can adapt to novel accents of their native language that contain unfamiliar context-dependent phonological alternations. In two experiments, French participants listen to short stories read in accented speech. Their knowledge of the accents is then tested in a forced-choice identification task. In Experiment 1, two groups of listeners are exposed to newly created French accents in which certain vowels harmonize or disharmonize, respectively, to the rounding of the preceding vowel. Despite the cross-linguistic predominance of vowel (...) harmony over disharmony, the two groups adapt equally well to both accents, suggesting that this typological difference is not reflected in perceptual learning. Experiment 2 further explores the mechanism underlying this type of phonological learning. Participants are exposed to an accent in which some vowels harmonize and others disharmonize, yielding an increased featural complexity. They adapt less well to this regularity, showing that adaptation to novel accents involves feature-based inferences. (shrink)

This paper deals with the truth conditions of conditional sentences. It focuses on a particular class of problematic examples for semantic theories for these sentences. I will argue that the examples show the need to refer to dynamic, in particular causal laws in an approach to their truth conditions. More particularly, I will claim that we need a causal notion of consequence. The proposal subsequently made uses a representation of causal dependencies as proposed in Pearl (2000) to formalize a causal (...) notion of consequence. This notion inserted in premise semantics for counterfactuals in the style of Veltman (1976) and Kratzer (1979) will provide a new interpretation rule for conditionals. I will illustrate how this approach overcomes problems of previous proposals and end with some remarks on remaining questions. (shrink)

We investigated the impact of attention during encoding on later retrieval. During study, participants read some words aloud and named the print color of other words aloud . Then one of two memory tests was administered. The explicit test—recognition—required conscious recollection of whether a word was studied. Previously read words were recognized more accurately than were previously color named words. This contrasted sharply with performance on the implicit test—repetition priming in lexical decision. Here, words that were color named during study (...) showed priming equivalent to words that were read during study; both were responded to faster than unstudied words. Thus, an attentional manipulation during study had a strong effect on an explicit test of memory, but almost no effect on an implicit test. Focal attention during study is crucial for remembering consciously but not necessarily for remembering without awareness. (shrink)

This paper deals with the truth conditions of conditional sentences. It focuses on a particular class of problematic examples for semantic theories for these sentences. I will argue that the examples show the need to refer to dynamic, in particular causal laws in an approach to their truth conditions. More particularly, I will claim that we need a causal notion of consequence. The proposal subsequently made uses a representation of causal dependencies as proposed in Pearl to formalize a causal notion (...) of consequence. This notion inserted in premise semantics for counterfactuals in the style of Veltman and Kratzer will provide a new interpretation rule for conditionals. I will illustrate how this approach overcomes problems of previous proposals and end with some remarks on remaining questions. (shrink)

When it comes to improving the health of the general population, mHealth technologies with self-monitoring and intervention components hold a lot of promise. We argue, however, that due to various factors such as access, targeting, personal resources or incentives, self-monitoring applications run the risk of increasing health inequalities, thereby creating a problem of social justice. We review empirical evidence for “intervention-generated” inequalities, present arguments that self-monitoring applications are still morally acceptable, and develop approaches to avoid the promotion of health inequalities (...) through self-monitoring applications. (shrink)

In this paper, a pragmatic approach to the phenomenon of free choice permission is proposed. Free choice permission is explained as due to taking the speaker (i) to obey certain Gricean maxims of conversation and (ii) to be competent on the deontic options, i.e. to know the valid obligations and permissions. The approach differs from other pragmatic approaches to free choice permission in giving a formally precise description of the class of inferences that can be derived based on these two (...) assumptions. This formalization builds on work of Halpern and Moses (1984) on the concept of ‘only knowing’, generalized by Hoek et al., (1999, 2000), and Zimmermann’s (2000) approach to competence. (shrink)

When it comes to improving the health of the general population, mHealth technologies with self-monitoring and intervention components hold a lot of promise. We argue, however, that due to various factors such as access, targeting, personal resources or incentives, self-monitoring applications run the risk of increasing health inequalities, thereby creating a problem of social justice. We review empirical evidence for “intervention-generated” inequalities, present arguments that self-monitoring applications are still morally acceptable, and develop approaches to avoid the promotion of health inequalities (...) through self-monitoring applications. (shrink)

We provide a detailed description of an interleaved and heavily annotated copy of Florae Berolinensis Prodromus, a flora of Berlin published by the German apothecary and botanist Karl Ludwig Willdenow in 1787, which today is preserved at the Staatsbibliothek zu Berlin – Preußischer Kulturbesitz. We demonstrate that this is the copy that the author himself used and carried with him during his botanical excursions in and around Berlin to prepare a second edition of the work. By analyzing this document as (...) paper technology, we reveal that even seemingly trifling aspects of its material organization enabled far-reaching biological research agendas that were not originally intended. The hybrid form of manuscript and printed book, used in field excursions, enabled a kind of natural-historical observation that was at once detailed and bound by strict convention, a combination that inadvertently opened new research questions and suggested new objects of research. We thereby contribute to an understanding of the history of natural history that goes beyond the history of ideas and the intended uses of techniques, giving an example of how routine work on paper within a scientific tradition could generate innovation. (shrink)

Overweight and obesity among children and adolescents are global problems of our time. Due to their authority and role modeling, parents play an essential part in the efficacy of prevention and intervention programs. This study assessed the barriers that parents of overweight/obese children face in preventive and interventional health care utilization. Sixteen parents were qualitatively interviewed. A content analysis was performed, and barriers to change were allocated to their stage of change according to the transtheoretical model. Among the main barriers (...) is the underestimation of health risks caused by overweight/obesity in association with diminished problem awareness. Parents seem not necessarily in need of theoretical knowledge for prevention and interventions. They do however need support in evaluating the weight status of their child and the knowledge of whom to turn to for help as well as specific and hands-on possibilities for change. The results extend past studies by adding specific barriers to change that parents commonly experience. Possibilities to address these barriers, e.g., through trainings at the pediatric practice or adoption of conversation techniques, are discussed. Future studies might identify subgroups experiencing specific barriers and thus be able to address these in an individualized way. (shrink)

The postsecular turn within feminist theory refers to a renewed attention to religion within feminist scholarship. However, rather than conceptualizing the postsecular as a new moment within feminist theorizing that breaks with a previous trend of secular feminism, this article stresses that it is important to recognize the long history of coexistence and contestations between religious and secular feminist approaches. In this article, the different reception histories of the story of Sojourner Truth are examined to elucidate and reflect on the (...) complicated relationship of the religious and the secular within feminist scholarship. Three different types of feminist theoretical engagement with the story of Sojourner Truth are examined and contrasted: the implicitly secular use of the story of Sojourner Truth in black feminist scholarship and theorizing of intersectionality, the explicitly religious interpretations found in the work of feminist and womanist theologians, and the deconstructive reading by Donna Haraway. In discussing and comparing these different engagements with the story of Sojourner Truth, it is stressed that the boundaries between the religious and the secular are perhaps less clear-cut than initially imagined, and that a dialogue between secular and religious feminist approaches is very fruitful. The article closes by examining how the complex intersections of gender, religion and race in the story of Sojourner Truth can be connected to the contemporary theorizing on the racialization of religion within critical race scholarship. (shrink)

In order for artificial intelligent systems to interact naturally with human users, they need to be able to learn from human instructions when actions should be imitated. Human tutoring will typically consist of action demonstrations accompanied by speech. In the following, the characteristics of human tutoring during action demonstration will be examined. A special focus will be put on the distinction between two kinds of motion events: path-oriented actions and manner-oriented actions. Such a distinction is inspired by the literature pertaining (...) to cognitive linguistics, which indicates that the human conceptual system can distinguish these two distinct types of motion. These two kinds of actions are described in language by more path-oriented or more manner-oriented utterances. In path-oriented utterances, the source, trajectory, or goal is emphasized, whereas in manner-oriented utterances the medium, velocity, or means of motion are highlighted. We examined a video corpus of adult–child interactions comprised of three age groups of children—pre-lexical, early lexical, and lexical—and two different tasks, one emphasizing manner more strongly and one emphasizing path more strongly. We analyzed the language and motion of the caregiver and the gazing behavior of the child to highlight the differences between the tutoring and the acquisition of the manner and path concepts. The results suggest that age is an important factor in the development of these action categories. The analysis of this corpus has also been exploited to develop an intelligent robotic behavior—the tutoring spotter system—able to emulate children's behaviors in a tutoring situation, with the aim of evoking in human subjects a natural and effective behavior in teaching to a robot. The findings related to the development of manner and path concepts have been used to implement new effective feedback strategies in the tutoring spotter system, which should provide improvements in human–robot interaction. (shrink)

Zusammenfassung Wie kann Gottes Gegenwart trotz ihrer Verborgenheit wahrgenommen werden? In dem folgenden Beitrag möchte ich zeigen, wie Simone Weil die Erfahrungen der Verborgenheit und der Abwesenheit Gottes als Signatur des Unglücks und der Entwurzelung der Menschen in der Moderne analysiert. Des Weiteren wird dargestellt, wie Simone Weil vor diesem Hintergrund mit einer kreuzestheologischen Denkfigur reflektiert, wie die Gottesliebe in besonderer Weise im Unglück verborgen anwesend sein kann, trotz Erfahrung der Abwesenheit Gottes. Hier schließt sich die erkenntnistheoretische Frage nach der (...) Wahrnehmbarkeit der verborgenen Gegenwart Gottes an. So soll ausgeführt werden, wie Simone Weil aufzeigt, wie durch ästhetische Formen der Schönheit und Ordnung der Welt, durch ethische Formen von Nächstenliebe und Freundschaft und durch die religiöse Formen in Liturgie und Gebet als höchster Form der Aufmerksamkeit die verborgen gegenwärtige Gottesliebe indirekt wahrgenommen werden kann. Dies spricht schließlich für eine andere Deutung der Verborgenheit Gottes als im sog. Verborgenheitsargument von J. L. Schellenberg, mit dem von der Verborgenheit auf die Nichtexistenz Gottes geschlossen wird. (shrink)

Abstract: Focusing on early child pretend play from the perspective of developmental psychology, this article puts forward and presents evidence for two claims. First, such play constitutes an area of remarkable individual intentionality of second-order intentionality (or 'theory of mind'): in pretence with others, young children grasp the basic intentional structure of pretending as a non-serious fictional form of action. Second, early social pretend play embodies shared or collective we-intentionality. Pretending with others is one of the ontogenetically primary instances of (...) truly cooperative actions. And it is a, perhaps the, primordial form of cooperative action with rudimentary rule-governed, institutional structure: in joint pretence games, children are aware that objects collectively get assigned fictional status, 'count as' something, and that this creates a normative space of warranted moves in the game. Developmentally, pretend play might even be a cradle for institutional phenomena more generally. (shrink)

At the beginning of the 20th century, research on material substances such as blood and metals was in high demand, as is apparent from the successful careers of the serologist Ludwik Hirszfeld (1884–1954) and the metallurgist Jan Czochralski (1885–1953). Both were leading experts of their time, their transnational biographies – spanning the German-speaking countries and Poland – were remarkably similar, and they both played important roles in the development of their respective disciplines. This paper explores how their contributions were closely (...) tied to the circulation of their respective research materials – blood and metals – and of knowledge about them throughout Europe and beyond. These examples forcefully demonstrate that, in order to fully understand how specific, widely accepted bodies of knowledge emerge, both local situations and the material conditions have to be considered. Drawing on Latour's actor-network theory, the transnational stories of serology and metallurgy demonstrate the range of human and non-human actors, practices, and techniques that contributed to the circulation of knowledge, to its successful application, and also to occasional failure in specific geographical and cultural contexts. (shrink)

Cost-benefit analysis is widely acknowledged to be an appropriate tool for providing advice to policy makers on the optimal use and management of natural resources. However, a great deal of research has indicated that the assumptions made in cost-benefit analysis concerning the natural environment diverge from real world observations. In this paper I discuss these observed divergences. To do so, I introduce the concept of Natura economica. Natura economica is the environment as it is understood in economic analysis in general, (...) and cost-benefit analysis in particular, namely as a bundle of commodities with potential market value. I argue that if this understanding of nature and its value is very different from what is generally observed, it reduces the value of the resulting policy recommendations. I then suggest four questions that policy makers should ask when they evaluate their choice of appraisal methods. If the answer is 'yes' to all of them, then cost-benefit analysis can provide valid information. However, if the answer to any of these questions is 'no', other methods, such as multicriteria analysis and participatory processes, should be considered in order to arrive at better-founded policy recommendations. (shrink)

Micro-phenomenology is an interview and analysis method for investigating subjective experience. As a research tool, it provides detailed descriptions of brief moments of any type of subjective experience and offers techniques for systematically comparing them. In this article, we use an auto-ethnographic approach to present and explore the method. The reader is invited to observe a dialogue between two authors that illustrates and comments on the planning, conducting and analysis of a pilot series of five micro-phenomenological interviews. All these interviews (...) asked experienced researchers of micro-phenomenology to browse their memories to identify one successful and one challenging instance of working with micro-phenomenology. The interview then focused on this reflective task to investigate whether applying the method to itself might reveal quality criteria. The article starts by presenting a shortened and edited version of the first of these interviews. Keeping the dialogue format, we then outline the micro-phenomenological analysis procedure by demonstrating its application to part of this data and corresponding passages of other interviews. We focus on one unexpected finding: interviewed researchers judge the quality of an interview in part based on a connection or contact between interviewer and interviewee. We discuss these results in the context of the means and intentions of the method and suggest avenues for future research. (shrink)

In the current discussion of criminal legislation and jurisdiction, two differing concepts of criminal law have become more and more prominent: “Criminal law for the citizen“ and “criminal law for the enemy”. These two concepts have been developed by G. Jakobs (Bonn), who not only was the first to recognise the emergence of a new type of criminal law “for the enemy”, but also provided a theoretical background for this notion. The article will explain Jacobs’ theory and discuss its capacity (...) to convince from the perspective of a liberal legal philosophy. Based on the work of I. Kant, the author reflects first on Jakobs’ underlying differentiation between “individual” (as a naturally determined being that lives for the enjoyment of pleasure and the avoiding of pains) and “person” (as a subject capable of reflecting on right or wrong). Secondly, the author will consider and criticise Jakobs’ notions of prevention and punishment. Finally, it will be shown that there is no way of justifying a “criminal law for the enemy” in a liberal state. (shrink)

This article critically reflects upon the concept of “criminal offence” currently being discussed in Germany. One of the opinions that is critically reviewed argues that the criminalisation of behaviour (Verhalten) has to be legitimated independently of the criminal sanction (Sanktionsnorm). However, the author of this article argues that the concept of what a criminal offence is cannot be developed without taking into account what the reasons for punishment are.