Based on the dispute between Protagoras and Socrates on the origin of ethics, one can ask the question of whether the principle of ethics is reason orfeeling/emotion, or whether ethics is grounded on reason or feeling/emotion. The development of Kant’s thoughts on ethics shows the tension between reason and feeling/emotion. In Kant’s final critical ethics, he held to a principle of “rational a priori.” On the one hand, this is presented as the rational a priori principle being the binding principle (...) of judgment. On the other hand, it is presented as the doctrine of “rational fact” as the ultimate argument of his ethics. Husserl believed that Kant’s doctrine of a rational a priori totally disregarded the a priori essential laws of feeling. Like Husserl, Scheler criticized Kant’s doctrine of a rational a priori, and therefore developed his own theory of an “emotional a priori”. Both of them focused their critiques on the grounding level of ethics. Scheler, however, did not follow Husserl all the way, but criticized him and reflected on his thoughts. At last, he revealed the primary status of a phenomenological material ethics of value. (shrink)

Die Debatte um die Differenz von „Verantwortung“ und „Pflicht“ ist kein bloßer Streit um Wörter, geht es doch um Begriffe, für die der Anspruch erhoben wird, sie seien konstitutiv für moralische Normativität oder gar für Normativität per se. Doch welchen Unterschied macht es, die besondere Bindungskraft von Normativität über Verantwortung oder über Pflicht zu explizieren? Die Genealogie der philosophischen Reflexionen auf Verantwortung lokalisiert die Differenz zwischen Pflicht und Verantwortung in den jeweiligen Selbstverhältnissen, die mit diesen Begriffen verbunden werden. Die Analyse (...) der Struktur dieser Selbstverhältnisse erklärt sowohl, warum Verantwortung häufig als moderner Ersatzbegriff für Pflicht gedacht wird, als auch, welchen Unterschied die Explikation der Bindungskraft von Normativität über Verantwortung oder Pflicht macht: Je nachdem, mit welchem Begriff normative Kraft erläutert wird, wandert das entsprechende Selbstverhältnis in die Verfasstheit von Normativität ein. (shrink)

El texto propone una confrontación entre la fenomenología de la vita activa de Hannah Arendt y la ética del cuidado. Se trata, por una parte, de aplicar las distinciones arendtianas entre esferas pública y privada, y entre labor, trabajo y acción , a la actividad de cuidar, para reafirmar su relevancia; por otra parte, tomando el concepto de «mundo» como clave de la definición de cuidado, se ensaya una reinterpretación crítica de los conceptos de Arendt a partir de algunos análisis (...) feministas y de una fenomenología responsiva y del cuerpo, a fin de plantear una reivindicación matizada de las implicaciones públicas del cuidar, en línea con las propuestas de paso de una ética a una «política del cuidado». (shrink)

This paper explores what is apparently a non-topic for Luhmann. Luhmann is preoccupied with decision-making rather than with judgment. The paper argues that Luhmann, attempting to find a way out of the dilemma between the fundamentalism of positivistic legal theory and the relativism of anti-foundationalist post-modern thinking, presents the epistemological–ethical doublet of a “self-binding” of the law. In this bootstrapping manoeuvre decision plays the central part. The paper begins by examining judgment in its relation to decision as considered by non-system-theoretical (...) thinking. Against that background it unfolds the distinction between distinction, form and decision in systems theory and in the system-theoretical observation of the law. The article then discusses Luhmann’s description of the functioning of decision(-making) within the legal system. The hypothesis is that Luhmann blends here cognitive with ethical aspects. Finally, the article addresses Luhmann’s polemics against alternative approaches to his own. The suggestion is that ‘judgment’, in Luhmann’s systems theory, re-enters by the back door as an ethical–theoretical imperative that commands theory’s responsibility for society and law. (shrink)

This paper outlines the basic traits of a responsive phenomenology by focusing on the issue of originary substitution. On the one hand, a phenomenology of alienness or otherness and an ethics of the other in the sense of Levinas will prove to be closely bound up with this sort of substitution. On the other side, this substitution can be concretised by transitional figures such as the advocate, the therapist, the translator, the witness, or the field researcher; they all intervene from (...) the position of a Third without closing the fissure which opens between ourselves and the Other, between the own and the alien. Precisely by focussing on the issue of substitution, we have the opportunity to outline the basis traits of a responsive phenomenology and to discuss some of its institutional consequences. (shrink)

Although seldom examined and not explained by Robert Brandom himself, the concept of responsibility is as important as the concept of inference for Brandom’s account of discursivity. Whereas ‘inference’ makes explicit the propositional content of concepts as the inferentially structured totality of their relations of material incompatibility, ‘responsibility’ makes explicit the normative force of these relations. ‘Responsibility’ thus becomes the paradigm of understanding normativity’s binding force – and my critical reading demonstrates that it fosters a moralizing, juridifying and economizing understanding (...) of normativity’s binding force. Furthermore, a diagnostic interpretation of Nietzsche’s genealogy of ‘responsibility’ reveals that Brandom’s concept of ‘responsibility’ is not an exception but exemplary for how ‘responsibility’ is used in philosophy. (shrink)

This article questions some assumptions in legal, moral and political theory regarding the law’s ways of functioning. As the constant revival of the topos ‘living law’ shows, underlying common models of law, and of the legitimacy of law, is, though often implicitly, the view that law is or should be particular, near to the facts, flexible, susceptible to realities, and as a consequence accessible to modernisations. However, this article proposes an immanent critique of similar hopes or fears, and it argues (...) that modern positive law can not be responsive to any other ‘order’ or context because it constitutes an order of its own. The article seeks to give an explanation of the specific character and forms of the juridical operating and to explain more specifically how decisions are produced. The article in this regard also investigates the importance and role of imagination, fiction and performativity. Underlining the fact that the juridical exceeds legal propositions by asserting itself as a distinct form of social communication, it calls for a shift from the representational to the performative analysis in the study of law. (shrink)

This article applies Waldenfels’ responsive phenomenology to the field of history. It suggests interpreting historical experience along the lines of the logic of pathos and response. Using Husserl’s introductory chapter of The Crisis of the European Sciences and his autobiographical remarks as a case study, the article outlines a concept of diachronic responsiveness, which provides a phenomenological understanding of historical phenomena such as legacy, inheritance or witnessing. In particular, it analyses the temporal deferment lying at the heart of our notion (...) of legacy, which Waldenfels captures as ‘diastasis’. Assuming that the human being must be understood as the ‘responsive being’ (Waldenfels), the article provides means to grasp the implications of this claim for our understanding of the concept of historical experience in contrast to approaches relying on hermeneutics or narrativity. (shrink)

Taking up the body turn in sociology, this paper discusses scientific practices as embodied action from the perspective of Husserl’s phenomenological theory of the “Body”. Based on ethnographic data on a biology laboratory it will discuss the importance of the scientist’s Body for the performance of scientific activities. Successful researchers have to be skilled workers using their embodied knowledge for the process of tinkering towards the material transformation of their objects for data production. The researcher’s body then is an instrument (...) of measuring as well as a kind of archive of knowing. Their body becomes a disciplined instrument which has its own place and function inside the laboratory. Furthermore, the appresentational apperception of Bodies (Husserl) is being discussed as a basis for the emotional and ethical concerns towards laboratory-animals. Attitudes towards animals in the laboratory setting (as well as elsewhere) are highly emotional. Nevertheless, following the literature of the sociology of the body, those emotional reactions still follow certain cultural patterns which themselves can be understood as embodied ways of knowing “right” or “wrong”. Besides as an instrument, the scientist’s body can also be understood as a resource of emotional attachment towards animals. It is an instrument for performing transformation as well as one for caring. (shrink)

Heidegger’s critique of European nihilism seeks to expose self-legislation as the governing principle of central manifestations of modernity such as science, technology, and the interpretation of art as aesthetics. Need we accept the conclusion that modern constitutional democracies are intrinsically nihilistic, insofar as they give political and legal form to the principle of collective self-legislation? An answer to this question turns on the concept of power implied in constituent and constituted power. A confrontation of the genealogies of modern subjectivity proposed (...) by Heidegger and Blumenberg suggests that there is indeed a metaphysical core to the concept of constituent power developed by various political theorists, including Schmitt and Habermas. By contrast, closer consideration of the paradoxical relation between constituent and constituted power illuminates the ambiguity of collective self-legislation, which means both enactment of a legal order by a collective self and the enactment of a collective self by a legal order. To the extent that constitutional democracies are a way of preserving rather than dissolving this ambiguity, they imply an interpretation of power and human finitude that parries the charge of nihilism. (shrink)

This research intends to develop the ethical implications of the concept of personality through the phenomenological approaches of Scheler and Waldenfels. For both philosophers, an ethics based on a moral formalism would be very pernicious to the concept of personality and even for ethics itself. For ethics, it would bring a kind of arbitrariness and for the person a sort of depersonalization. In order to advance a concept of ethics grounded on the values of a person, Scheler introduces the idea (...) of God’s love for us as intuitively given athwart the values of holiness itself. From this given intuition, Scheler will build up the idea of good in itself as a model, so that a person could form a good personality through an accurate rank of values. Waldenfels would say that even the personality grounded on such mystical experiences would have the consequence of a depersonalization of the person in his relation with the other, the world, and with himself. Waldenfels will find, through a genealogy of the constitution of order thresholds zones that will prevent a borrowed concept of personality only from an inside, or an outside. As an open process of what happen with us, the personality cannot be static, but latent as it is done responsively. (shrink)