Reseña de Schopenhauer–Lexikon (Hg. Daniel Schubbe u . Jens Lemanski), Paderborn: Brill, Fink, 2021, en Voluntas, 14, 2023, 1-8.

The chapter describes the sharing economy in Germany as a heterogeneous dynamic, combining local trends and histories with economic forms drawing on experiences mainly from across Europe and North America. Increasingly taken into account by policymakers in the regulation of markets and the redesign of innovation governance frameworks, “sharing” as a complex nexus linking the exercise of citizenship to sustainable consumption and informational self-determination in digital societies will continue to drive and frame the creation of value chains. Of particular (...) interest are linkages between sharing economies and the traditions of cooperativism, currently experiencing a renaissance. The latter is key because it shapes the context in which sharing economy initiatives exist and expand—an opening of definitions and narrative of innovation, of value, and of collaborative agency and cooperative management. (shrink)

The fourth amendment to the German Medicinal Products Act (Arzneimittelgesetz) states that nontherapeutic research in incompetent populations is permissible under the condition that potential research participants expressly declare their wish to participate in scientific research in an advance research directive. This article explores the implementation of advance research directives in Germany against the background of the international legal and ethical framework for biomedical research. In particular, it addresses a practical problem that arises from the disclosure requirement for advance research (...) directives. We show that, if the disclosure standard for advance research directives is set at a token level, nontherapeutic research in incompetent populations becomes practically impossible. To resolve this issue, we suggest the disclosure standard be set at a type level. (shrink)

The recent controversy about misinformation has moved a question into the focus of the public eye that has occupied philosophers for decades: Under what conditions is it appropriate to assert a certain claim? When asserting a claim that x, must one know that x? Must x be true? Might it be normatively acceptable to assert whatever one believes? In the largest cross-cultural study to date (total n = 1,091) on the topic, findings from the United States, Germany, and Japan (...) suggest that, in order to claim that x, x need not be known, and it can be false. However, the data show, we do expect considerable epistemic responsibility on the speaker’s behalf: In order to appropriately assert a claim, the speaker must have good reasons to believe it. (shrink)

This collection of fifteen newly commissioned essays has a dual purpose. Through an emphasis on the reception of Spinoza in German nineteenth-century thought, the volume seeks to shed new light on his work. Likewise, the focus on Spinoza’s influence in the long nineteenth century illuminates novel aspects of the philosophical lineage from idealism to Marxism, psychoanalysis, and beyond. The contributions are at the cutting edge of research on modern German philosophy, not only when it comes to canonical figures like Herder, (...) Kant, and Marx, but also philosophers whose importance has since been neglected such as Salomon Maimon and Lou Salomé. The volume will be of interest to, among others, scholars working in the history of philosophy, in intellectual history, and in Jewish, religious, and German studies. (shrink)

At the end of 2015, the German parliament passed a new law, entitled "Business-like Suicide Assistance", that effectively ended a rather liberal legal take on assisted suicide in Germany. §217 of the German Criminal Code was based on a proposal drafted by members of the parliament Michael Brand, Kerstin Griese, et all., The drafters’ goal was to prohibit Right-to-Die organisations such as Sterbehilfe Deutschland e.V. as well as repeatedly acting individuals from assisting people in ending their lives. The goal (...) of this article is to outline the new law in broad brushstrokes and raise some concerns. (shrink)

Theodor W. Adorno inspired much of Germany’s 1960s student movement, but he came increasingly into conflict with this movement about the practical implications of his critical theory. Others – including his friend and colleague Herbert Marcuse – also accused Adorno of a quietism that is politically objectionable and in contradiction with his own theory. In this article, I recon- struct, and partially defend, Adorno’s views on theory and (political) praxis in Germany’s 1960s in 11 theses. His often attacked (...) and maligned stance during the 1960s is based on his analysis of these historical circumstances. Put provocatively, his stance consists in the view that people in the 1960s have tried to change the world, in various ways; the point – at that time – was to interpret it. (shrink)

A review of: Manfred Kuehn. Scottish Common Sense in Germany, 1768-1800: A Contribution to the History of Critical Philosophy. (McGill-Queen's Studies in the History of Ideas.) xiv + 300 pp., app., bibl., index. Kingston, Ont./Montreal: McGill-Queen's University Press, 1987. $35.

What makes a culture and what are the cultural traits identified by people are important questions to be developed more within diaspora studies. This article proposes a critical inquiry into the ways of defining socio-cultural traits through the discussions with Indian diaspora living in the context of Western culture. It suggests hypothesis that there is a possibility of hybrid cultures between the Eastern and Western. The ontological status of being ‘Indian’ would be different while living in India and abroad, and (...) the cultural ontology in those subject positions would also vary to produce hybrid cultures. Theories of migration, culture and gender constitute a background and framework in this study. Reflections on cultural identity and cultural traits are obtained in this study through direct interviews with diaspora Indians living in Germany. In this process of analyses, the methodology of gender is adopted along with other methods of qualitative research to see how the socio-cultural perspectives change after migration to Western cultures, and how those are different among men and women. The preliminary argument derived in this article is that cultural traits can be traced in aspects of people’s daily life, but not only through dominant art forms, literature or historical monuments. It is done with a critical perspective on the existing dominant methods of defining culture. This study has a critic on existing methodologies that are Eurocentric, male-centric and neglecting the individual and mundane experiences of people who live in varied cultural contexts with complex cultural identities. Key words: Culture, Gender, Migration, Germany, Indian Diaspora, Hybridity. (shrink)

The development of new methods in the field of prenatal testing leads to an expansion of information that needs to be provided to expectant mothers. The aim of this research is to explore opinions and attitudes of gynecologists in Germany, Poland and Russia towards access to prenatal testing and diagnostics in these countries. Semi-structured interviews were conducted with n = 18 gynecologists in Germany, Poland and Russia. The interviews were analyzed using the methods of content analysis and thematic (...) analysis. Visible in all three countries is a connection of prenatal medicine with the politically and socially contentious issue of pregnancy termination. Respondents in Poland and Russia concentrated on the topic of inadequate resources. Quality of information for expectant mothers is an important point in all three countries. Only in Germany was the issue of language barriers in communication raised. With regard to non-invasive prenatal testing (NIPT) respondents in Germany focused on the ethical issues of routinization of testing; in Poland and Russia they concentrated on fair access to NIPT. Challenges in all three countries arise from structural factors such as imprecise and prohibitive regulations, lack of resources or organization of healthcare services. These should be addressed on a political and medico-ethical level. (shrink)

Several vaccines against COVID-19 have now been developed and are already being rolled out around the world. The decision whether or not to get vaccinated has so far been left to the individual citizens. However, there are good reasons, both in theory as well as in practice, to believe that the willingness to get vaccinated might not be sufficiently high to achieve herd immunity. A policy of mandatory vaccination could ensure high levels of vaccination coverage, but its legitimacy is doubtful. (...) We investigate the willingness to get vaccinated and the reasons for an acceptance (or rejection) of a policy of mandatory vaccination against COVID-19 in June and July 2020 in Germany based on a representative real time survey, a random sub-sample (SOEP-CoV) of the German Socio-Economic Panel (SOEP). Our results show that about 70 percent of adults in Germany would voluntarily get vaccinated against the coronavirus if a vaccine without side effects was available. About half of residents of Germany are in favor, and half against, a policy of mandatory vaccination. The approval rate for mandatory vaccination is significantly higher among those who would get vaccinated voluntarily (around 60 percent) than among those who would not get vaccinated voluntarily (27 percent). The individual willingness to get vaccinated and acceptance of a policy of mandatory vaccination correlates systematically with socio-demographic and psychological characteristics of the respondents. We conclude that as far as people’s declared intentions are concerned, herd immunity could be reached without a policy of mandatory vaccination, but that such a policy might be found acceptable too, were it to become necessary. (shrink)

Culture and socialization influence how individuals perceive and express emotional distress. Research therefore, must consider the context to capture individual experiences. However, the majority of studies on factors associated with emotional distress among migrants use quantitative approaches, limiting an in-depth understanding. This study investigates emic themes of emotional distress among Vietnamese migrants by integrating anthropological and psychiatric approaches. The mixed methods study first quantified differences in reported themes of distress between Vietnamese (n = 104) and German (n = 104) patients, (...) who utilized two psychiatric outpatient clinics in Berlin, Germany. Based on these differences, ethnographic interviews were conducted with 20 Vietnamese patients. In the quantitative part, differences in frequency of reported distress between Vietnamese and German patients indicate cultural and migration-related issues among Vietnamese migrants, such as the upbringing of children in a transcultural context. In the qualitative part, interviews with Vietnamese patients elicited contextualizing information and additional themes of distress. Besides commonly expressed socioeconomic themes, such as work and finances, we identified affectively charged themes concerning roles toward partnership and children. A central emic theme is expressed as “moments of speechlessness,” which go beyond a lack of language proficiency and challenge patients in different spheres of life. Migration entails complex affective dynamics, determined by a specific migratory and post-migratory context. Within this context, norms and values determine which themes of distress patients articulate openly. Therefore, an interdisciplinary, mixed-methods approach can yield a contextualized understanding of emotional distress and the complex nature of migration. (shrink)

Objective: To examine the current ethical review process of ethics committees in a non-pharmacological trial from the perspective of a clinical investigator.Design: Prospective collection of data at the Study Centre of the German Surgical Society on the duration, costs and administrative effort of the ERP of a randomised controlled multicentre surgical INSECT Trial between November 2003 and May 2005.Setting: Germany.Participants: 18 ethics committees, including the ethics committee handling the primary approval, responsible overall for 32 clinical sites throughout Germany. (...) 8 ethics committees were located at university medical schools and 10 at medical chambers. Duration was measured as days between submission and receipt of final approval, costs in euros and administrative effort by calculation of the product of the total number of different types of documents and the mean number of copies required .Results: The duration of the ERP ranged from 1 to 176 days. The median duration was 26 days at MSUs compared with 34 days at medical chambers. The total cost was €2947. 1 of 8 ethics committees at universities and 8 of 10 at medical chambers charged a median fee of €162 . The administrative effort for primary approval was 30. Four ethics committees required a higher administrative effort for secondary approval .Conclusion: The ERP for non-pharmacological multicentre trials in Germany needs improvement. The administrative process has to be standardised: the application forms and the number and content of the documents required should be identical or at least similar. The fees charged vary considerably and are obviously too high for committees located at medical chambers. However, the duration of the ERP was, with some exceptions, excellent. A centralised ethics committee in Germany for multicentre trials such as the INSECT Trial can simplify the ERP for clinical investigators in and outside the country. (shrink)

Within the next parliamentary term, the German government is expected to replace the current Embryo Protection Act with a new Human Reproductive Technology Act. Before introducing new legislation, policy makers may want to survey public attitudes towards novel applications of reproductive technology. In order to assess opinions and concerns about preconception sex selection for non-medical reasons, a social survey has been conducted in Germany. As a representative sample of the German population, 1005 men and women 18 years and older (...) were asked whether or not preconception sex selection should be made available. Of the respondents, 32% held that sex selection should be strictly prohibited, be it for medical or non-medical reasons, and 54% accepted the use of preconception sex selection for medical purposes. Only a minority of 11% approved of the use of preconception sex selection for non-medical reasons. The widespread opposition to a freely available service for non-medical sex selection is based on several claims: 87% of respondents hold that 'children are a gift and deserve to be loved regardless of any characteristics such as beauty, intelligence or sex'; 79% argue that choosing the sex of children is 'playing God'; 76% are opposed because it is seen as 'unnatural'; 49% are afraid that it is 'skewing the natural sex ratio'; and 40% consider it to be 'sexist'. (shrink)

Danaher (2016) has argued that increasing robotization can lead to retribution gaps: Situation in which the normative fact that nobody can be justly held responsible for a harmful outcome stands in conflict with our retributivist moral dispositions. In this paper, we report a cross-cultural empirical study based on Sparrow’s (2007) famous example of an autonomous weapon system committing a war crime, which was conducted with participants from the US, Japan and Germany. We find that (i) people manifest a considerable (...) willingness to hold autonomous systems morally responsible, (ii) partially exculpate human agents when interacting with such systems, and that more generally (iii) the possibility of normative responsibility gaps is indeed at odds with people’s pronounced retributivist inclinations. We discuss what these results mean for potential implications of the retribution gap and other positions in the responsibility gap literature. (shrink)

The purpose of this article is twofold: on the one hand, we present the outlines of a history of university collections in Germany. On the other hand, we discuss this history as a case study of the changing attitudes of the sciences towards their material heritage. Based on data from 1094 German university collections, we distinguish three periods that are by no means homogeneous but offer a helpful starting point for a discussion of the entangled institutional and epistemic factors (...) in the history of university collections. In the 19th century, university collections were institutionalized and widely recognized as indispensable in research and teaching. During the 20th century, university collection became increasingly marginalized both on an institutional and theoretical level. Towards the end of the 20th century, the situation of university collections improved partly because of their reconsideration as material heritage. (shrink)

Background: Biomedical research nowadays is increasingly carried out in multinational and multicenter settings. Due to disparate national regulations on various ethical aspects, such as informed consent, there is the risk of ethical compromises when involving human subjects in research. Although the Declaration of Helsinki is the point of reference for ethical conduct of research on humans, national normative requirements may diverge from its provisions. The aim of this research is to examine requirements on informed consent in biomedical research in (...) class='Hi'>Germany, Poland, and Russia to determine how each national regulatory framework relates to the provisions of the Declaration of Helsinki. Methods: For this analysis, we conducted a search of the legal databases “Gesetze im Internet” for Germany, “Internetowy System Aktow Prawnych” for Poland, and “ГAPAHT – Garant” for Russia. The search was complemented by a review of secondary literature contained in the databases Google Scholar, PubMed, Polish National Library, and eLibrary ru. We have identified 21 normative regulations containing provisions on informed consent in clinical research in all three countries. The content of these documents was systematically categorized and analyzed. Results: The normative framework in all three countries shows a strong commitment towards the core ethical principles of research envisaged in the Declaration of Helsinki. Nevertheless, provisions on informed consent vary between these three countries. The differences range from the method and language in which information should be provided, through the amount of information required to be disclosed, to the form of documenting consent or withdrawal. In the case of research on vulnerable groups, these differences are particularly visible. Conclusions: The identified differences can negatively impact the ethical conduct of international clinical studies. Attention needs to be paid that flexibilities within national regulations are not misused to undermine the protection of research subjects. Achieving global or regional legislative harmonization might prove impossible. Such lack of legal consensus reinforces the significance of the international ethical agreements. (shrink)

Background: Adequate immunity to COVID-19 apparently cannot be attained in Germany by voluntary vaccination alone, and therefore the introduction of mandatory COVID-19 vaccination is still under consideration. We present findings on the potential acceptance of such a requirement by the German population, and we report on the reasons given for accepting or rejecting it and how these reasons vary according to population subgroup. -/- Methods: We used representative data from the Socio-Economic Panel for the period January to December 2021. (...) We linked the respondents’ answers concerning mandatory COVID-19 vaccination to information about their sociodemographic characteristics, state of health, political attitudes, and degree of confidence in the judicial and political systems. We analyzed these data using univariate, bivariate, and multivariate statistical methods. -/- Results: Just over half of the respondents (50.44% [49.08%; 51.79%]) favored mandatory COVID-19 vaccination. Among the supporters, the reason most frequently given (95.22% [94.45; 96.00]) was that, without such a requirement, not enough people would be vaccinated. Among the opponents of mandatory COVID-19 vaccination (49.56% [48.21%; 50.92%]), by far the most common reason given for opposing it was a desire to uphold individual freedom (91.36% [90.31%; 92.40%]). Persons supporting mandatory COVID-19 vaccination, on average, older than those who opposed it; they less commonly had an education beyond secondary school, were less healthy, tended to have no children, had centrist political views, and expressed more confidence in the political system. The largest difference between the two groups was that about 90% of supporters of mandatory COVID-19 vaccination were themselves vaccinated, compared to only about 62% of opponents. -/- Conclusion: The lack of consensus on this issue among politicians and physicians in Germany is reflected in a similar lack of consensus in the German population as a whole. A discussion of the appropriate understanding of individual freedom would be the most promising way to widen the acceptance of mandatory COVID-19 vaccination. A commonly expressed conception of freedom that permits the deliberate endangerment of other people’s health seems morally questionable. -/- DOI: 10.3238/arztebl.m2022.0174. (shrink)

Background: The internationalization of clinical studies requires a shared understanding of the fundamental ethical values guiding clinical studies. It is important that these values are not only embraced at the legal level but also adopted by clinicians themselves during clinical studies. Objective: Our goal is to provide an insight on how clinicians in Germany and Poland perceive and identify the different ethical issues regarding informed consent in clinical studies. Methods: To gain an understanding of how clinicians view clinical studies (...) in the countries they work in, we carried out semi-structured problem-centered interviews per telephone in Poland (n = 6) and Germany (n = 6). Our interviewees concentrated on three main topics: an appraisal of the normative framework, challenges in the information process and the protection of all participants in clinical studies. Results: Clinicians generally supported the normative framework, even though they considered it quite complex. In the two study countries, a widely noted dilemma in the information process was whether to overburden participants with extensive information or risking leaving out important facts. Clinicians were ready to exclude larger population groups from participating in clinical studies when the information process could not be carried out with standard procedures or when their inclusion was ethically sensitive. Conclusion: Clinicians need to gain a better understanding of the consequences of excluding larger population groups form participating in clinical studies. They should seek assistance in improving the information process for the inclusion of underrepresented groups in clinical studies. (shrink)

This paper aims to analyze the ethical challenges in experimental drug use during the early stage of the COVID-19 pandemic, using Germany as a case study. In Germany uniform ethical guidelines were available early on nationwide, which was considered as desirable by other states to reduce uncertainties and convey a message of unity. The purpose of this ethical analysis is to assist the preparation of future guidelines on the use of medicines during public health emergencies. The use of (...) hydroxychloroquine, remdesivir and COVID-19 convalescent plasma in clinical settings was analyzed from the perspective of the ethical principles of beneficence, non-maleficence, justice and autonomy. We observed that drug safety and drug distribution during the pandemic affects all four ethical principles. We therefore recommend to establish ethical guidelines (i) to discuss experimental treatment options with patients from all population groups who are in urgent need, (ii) to facilitate the recording of patient reactions to drugs in off-label use, (iii) to expand inclusion criteria for clinical studies to avoid missing potentially negative effects on excluded groups, and (iv) to maintain sufficient access to repurposed drugs for patients with prior conditions. (shrink)

The paper - originally a lecture in the "40th Anniversary Lecture Series 2001-2002" of the University of Pittsburgh (attached to the Italian text)- gives a survey of the development of philosophy of science in Germany and of the role tthe Pittsburgh Center for Philosophy of Science plays in this development.

The 1917 February Revolution led to the reshaping of the war-era image of the German enemy. Focusing on the former imperial borderland province of the Southwestern Krai, this article unveils the national, political, and cultural considerations of the local Ukrainian and Russian-language media that affected their attitude towards the Germans. It argues that the developments of the 1917–1918 Ukrainian Revolution presented a unique case of constructing the image of the Germans due to the ongoing rivalry between the respective Ukrainian and (...) Russian national projects. The study is based on the materials of prominent Kyivan daily newspapers, thus rendering the spectrum of the region’s political thought. Built upon the concept of imagology, the article apprehends the images of “otherness” in conjunction with the actor’s own identity. (shrink)

This book sheds new light on the fascinating - at times dark and at times hopeful - reception of classical Yoga philosophies in Germany during the nineteenth century. Written for non-specialists, Indian Philosophy and Yoga in Germany will be of interest to students and scholars working on 19th-century philosophy, Indian philosophy, comparative philosophy, Hindu studies, intellectual history, and religious history.

The Ukraine conflict has profoundly affected global trade and international relations, particularly for Germany, a major player in Europe and the European Union. This study utilizes a Gravity Model analysis to explore Germany’s trade network and assess the impact of the conflict on its trade partnerships.

RIGHT TO SILENCE-UK, U.S, FRANCE, and GERMANY SALLY RAMAGE (TRADE MARK REGISTERED) WIPO Orchid ID 0000-0002-8854-4293 Pages 2-30 Current Criminal Law, Volume 1, Issue 2, -/- Sally Ramage, BA (Hons), MBA, LLM, MPhil, MCIJ, MCMI, DA., ASLS, BAWP. Orchid ID 0000-0002-8854-4293 Publisher & Managing Editor Criminal Lawyer series [1980-2022](ISSN 2049-8047) Current Criminal Law series [2008-2022] (ISSN 1758-8405) and Criminal Law News series [2008-2022] (ISSN 1758-8421). Sweet & Maxwell (Thomson Reuters) (Licensed Annotator of UK Statutes) in annual law books Current (...) Law Statutes Annotated, (2006, 2009, 2010 editions) (sole and separate S&M contracts) for 7 UK Criminal Justice Statutes: UK Safeguarding Vulnerable Persons Act 2006; UK International Development Act 2006; UK Fraud Act 2006; UK Policing and Crime Act 2009, UK Local Democracy Act 2009; UK Bribery Act 2010; and UK Crime and Security Act 2010. TradeMark SALLY RAMAGE ® (2005-2025) in the UK, 2401827; WIPO TradeMark SALLY RAMAGE® 900614; USA TradeMark 3,440,910) (2008-2028). WARNING: The doing of an unauthorized act in relation to a copyright work may result in both a civil claim for damages and criminal prosecution. -/- ABSTRACT The privilege of the right to silence can be traced back to the 12th century, becoming more developed in later centuries. -/- Table of cases European Court of Human Rights Deweer v Belgium [1980], Eckle v Germany [1982], DN v The Netherlands [1975], Funke v France [1993] 16 EHRR 297, JP v Austria [1989], Kansal v UK [2003] Application No 21413/02 Khan v UK [2000] 31 EHRR 45, Saunders v UK [1997] 23 EHRR 313, Schenk v Switzerland [1991] 13 EHRR 242, and Tora Tolmos v Spain [1995] Table of Cases United Kingdom Brown v Procurator Fiscal, Dunfermline, [2000] , The Times, Feb 14, High Ct Scot.; HM Advocate v Friel [1978] SLT; Lambe v Munster [1882] 10 QBD 110.; Pearse v Pearse [1846] Eng Rep 950 (on truth); Re Pantmaenog Timber Co Ltd [2003] HL; R v Bryce [1992] 95 Cr App Rep 320; R v Canale [1990] 2 All ER 187; R v Fitzpatrick [1995] 4 SCR 154; R v Herbert [1990] 2 SCR 151; R V Hertfordshire County Council, ex parte Green Environmental Industries and another [2000] 1 All ER 773; R v Keenan [1989] Crim LR 720; R v Maguire [1990] Cr App Rep 115; R v Pound, Green and ors [2004]; R v Sang [1979] Crim LR 655; R v Saunders [1986] unreported; R v Seelig, R v Spens [1991] CA; R v Smith [1992] 95 Cr App. R. 191; R v Steen and ors [2003] unreported; R v Walsh [1981] CrimLR 822; R V Ward 96 Cr App R [1993]; R v Weekes [1993] Crim LR 211; R v White [1999] 2 SCR 417; R v Young [2003] unreported; Thompson Newspaper v Canada [1990] 1 SCR 425; Walsh Automation (Europe) Ltd v Bridgeman and ors [2002] EWHC 1344 QB France-Law France 1789 Declaration des driots de l‟homme et du citoyen 1808 Code d ‟instruction criminelle 1946 Constitution 1958 Code de procedure penale 2000 Penal Code Germany-Law Germany 1871 Criminal Code 1877 Criminal Procedure Code (St PO) 1877 Judicial Organisation Law 1949 Constitution 1975 Criminal Code 1998 Criminal Code Table of Cases Germany Germany BGH Admissibility of secret tape recordings judgement 14 June 1960, in BGHSt 14, 358 BGH Lie detector judgement 16 Feb 1954, in BGHSt 5, 332. BberfG Decision concerning the applicability of ne bis in idem 31 March 1987, in BberfGE 75,1; BGH Sweeping deception of suspect judgement 24 August 1988, in BGHSt 36, 328. BGH Judgement 24 August 1993, in BGHSt 39, 305 Table of Cases United States United States of America California v Byres [1971] 402 U.S. 424; Fisher v United States 475 U.S. 391 [1986]; Griffin v California [1965] 380 US 609 [; Hoffman v United States [1950] 341 U.S. 479; Supreme Court Baldwin v NY, 399 US 143 [1970]; Supreme Court Chavez v Martinez , U.S. 123 [2003]; Supreme Court Doyle v Ohio, 426 U.S. 610 [1976]; Supreme Court Escobedo v Illinois, 378 U.S. 478 [1964]; Supreme Court Giglio v US, 405 U.S. 150 [1972] Supreme Court Harris v NY, 401 U.S. 222 [1971]; Supreme Court Kirby v Illinois, 406 U.S. 682 [1972]; Supreme Court Miranda v Arizona, 384 U.S. 436 [1966]; Supreme Court Moore v Illinois, 408 U.S. 768 [1972]; Supreme Court Moran v Burbine, 475 U.S. [1986]; Supreme Court Orzoco v Texas, 324 U.S.24 [1969]; Supreme Court US v Hale [1975] 422 US 17; Supreme Court US v Leon, 468 U.S. 897 [1984]; Supreme Court US v Salerno, 481 U.S. 739 [1987]; Twining v New Jersey 211 US 78 113 -/- . (shrink)

Review of: Simon Grote, The Emergence of Modern Aesthetic Theory: Religion and Morality in Enlightenment Germany and Scotland, Cambridge University Press, 2017.

As far as treatments of causation are concerned, the pre-Kantian 18th century German context has long been dismissed as a period of uniform and unrepentant Leibnizian dogmatism. While there is no question that discussions of issues relating to causation in this period inevitably took Leibniz as their point of departure, it is certainly not the case that the resulting positions were in most cases dogmatically, or in some cases even recognizably, Leibnizian. Instead, German theorists explored a range of positions regarding (...) the nature of causal powers, the appropriate systems to explain the observed agreement between the states of substances, and the ground of free actions, or so I will argue in this chapter. Focusing on these three issues, I will here sketch the development of the debates relating to causation and trace the evolution of positions among the philosophers within the so-called Leibnizian-Wolffian philosophy as well as among its many opponents. (shrink)

The majority of German specialists in reproductive medicine opposes preimplantation sex selection for nonmedical reasons while recommending preimplantation sex selection for medical reasons, e.g. X-linked diseases like haemophilia.

Was the Society of Jesus the main obstacle for the acceptance of the new physics in modern Europe? Was their educational system, all over Europe, completely under the strict control of regulations imposed by the Jesuit hierarchy in Rome? How did the various Jesuit colleges confront, reject, or absorb the crucial novelties of the mathematical and experimental method? Marcus Hellyer addresses such crucial questions in this book.

The 1830s and 1840s saw the proliferating usage of “the Beyond” (Jenseits) as a choice term for the afterlife in German public discourse. This linguistic innovation coincided with the rise of empiricism in natural science. It also signaled an emerging religious debate in which bald challenges to the very existence of heaven were aired before the wider German public for the first time. Against the belief of many contemporaries that empirical science was chiefly responsible for this attack on one of (...) the central tenets of Christianity, this essay shows instead that the role played by Christian dissenters in the negation of the Beyond. The polemical invocation of an empty Beyond coincided with the separation in the mid 1840s of two dissenting sects – the Deutschkatholiken (“German Catholics”) and the Protestant Free Congregations – from the main Christian Churches. During the Revolution of 1848, these sects, later known as Free Religious Congregations, deepened their critique of the Beyond as they articulated a new creed of radical humanism and natural scientific monism. Yet, despite their secularist agenda the Free Religious failed to fully secularize. The essay concludes by suggesting that the anticlerical activity of the Free Religious and affiliated freethinking organizations, which lasted into the 1930s, marks a century in which movements of radical political and social dissent remained open to and indeed partially dependent on the negation of the Beyond in order to sacralize humanity and nature. (shrink)

The present religious constitution of the Federal Republic of Germany is the product of protracted historical conflicts and political settlements that began in the sixteenth century. The mediation of these conflicts and settlements and the piecemeal establishment of the constitution was the achievement of imperial public law and diplomacy. Germany’s religious constitution—a secular and relativistic juridical framework protecting a plurality of confessional religions—pre-dated liberalism and democracy, and owes nothing to normative philosophical constructions of individual freedoms and rights, or (...) social justice and moral community. Rather, it was the product of a political compromise between warring confessional blocs, and of the institutions of public law that were the instruments and effects of this compromise. (shrink)

This paper is a historical, legal and philosophical analysis of the concept of human dignity in German and Kenyan constitutional law. We base our analysis on decisions of the Federal Constitutional Court of Germany, in particular its take on life imprisonment and its 2006 decision concerning the shooting of hijacked airplanes, and on a close reading of the Constitution of Kenya. We also present a dialogue between us in which we offer some critical remarks on the concept of human (...) dignity in the two constitutions, each one of us from his own philosophical perspective. (shrink)

During the Second World War, more than 60,000 Jewish members of the American, British and French armed forces became prisoners of war in Germany. Against all expectations, these prisoners were treated in accordance with the 1929 Geneva Convention, and the majority made it home alive. This article seeks to explain this most astonishing circumstance. It begins by collating the references to the experiences of Western Jewish POWs from the historical literature to provide a hitherto-unseen overview of their treatment in (...) captivity. It then asks what made their protection from persecution possible. To this end, it explores Germany’s wider motivations for its selective application of the Geneva Convention and highlights the role that military identity played in making its application seem necessary for all POWs from the Western front, including Jewish POWs. (shrink)

This paper discusses a dialectic whereby the law not only influenced medical thinking in late nineteenth-century Germany, but also underwent medicalization of its own initiative. At the end of the 1880s, social legislation was crucial in initiating the German discourse on traumatic nervous disorders. By employing doctors as medical experts in court, the law also created a new experiential realm for doctors, altering their behavior toward patients and shifting their focus from therapy to investigation. However, in the wake of (...) their experiences in court, doctors developed a dual etiology of traumatic symptoms, which included the law itself as a pathogenic element with the power to aggravate symptoms. Two medical views of law can be distinguished: some doctors claimed that it was the desire to receive the pensions offered under social legislation that induced workers to perpetuate and exaggerate their symptoms; others argued that since pension claims embroiled claimants in intimidating legal proceedings, the pathogenic effect of social legislation stemmed from fear rather than greed. (shrink)

Ernst Haeckel and Emil du Bois-Reymond were the most prominent champions of Darwin in Germany. This essay compares their contributions to popularizing the theory of evolution, drawing special attention to the neglected figure of du Bois-Reymond as a spokesman for a world devoid of natural purpose. It suggests that the historiography of the German reception of Darwin’s theory needs to be reassessed in the light of du Bois-Reymond’s Lucretian outlook.

This paper analyses the National Populist Challenges to Europe’s Center Right. It assesses the cases of the UK, Germany and France. It poses three questions for Europe: How will political integration be achieved and maintained? What policies will foster economic inclusion in the Eurozone? And, third, what are the best means to achieve economic solvency and growth. The paper make a case that neoliberal economic policies over the past decades have undermined some nations' public sector and have also contributed (...) to tensions between the geographical east and west of Europe. (shrink)

This paper analyses the National Populist Challenges to Europe’s Center Right. It assesses the cases of the UK, Germany and France. It poses three questions for Europe: How will political integration be achieved and maintained? What policies will foster economic inclusion in the Eurozone? And, third, what are the best means to achieve economic solvency and growth. The paper make a case that neoliberal economic policies over the past decades have undermined some nations' public sector and have also contributed (...) to tensions between the geographical east and west of Europe. (shrink)

This paper combines two ideas: (1) That the Lewisian best system analysis of lawhood (BSA) can cope with laws that have exceptions (cf. Braddon-Mitchell in Noûs 35(2):260–277, 2001; Schrenk in The metaphysics of ceteris paribus laws. Ontos, Frankfurt, 2007). (2) That a BSA can be executed not only on the mosaic of perfectly natural properties but also on any set of special science properties (cf., inter alia, Schrenk 2007, Selected papers contributed to the sections of GAP.6, 6th international congress of (...) the society for analytical philosophy. Mentis, Paderborn/Münster, 2008; Cohen and Callender in Philos Stud 145:1–34, 2009, Erkenntnis 73:427–447, 2010). Bringing together (1) and (2) results in an analysis of special science ceteris paribus laws. (shrink)

This article analyzes the gendered representation of military service in the German YouTube series Die Rekruten (DR) (The Recruits), a popular web series produced on behalf of the German armed forces (Bundeswehr) for recruitment purposes, which accompanies 12 navy recruits during their basic training. The article is situated within research on masculinity and the military, in particular military recruitment. It supplements current scholarship by studying a previously neglected case that is of particular interest given Germany’s antimilitarist culture, which should (...) make military recruitment and military public relations more difficult. The article asks how military service is represented in DR, what its discursive effects are, and what role (if any) masculinity plays in this process. We find support for recent feminist research on military masculinities (including in military recruitment) that emphasizes ambiguity and contradiction. What distinguishes the construction of military masculinity in DR from, for example, recruitment advertisements in the United States or the United Kingdom is its markedly civil character. This not only broadens the military’s appeal for a more diverse audience but also increases the legitimacy of the military and its activities. It does so by concealing the violence that has for the past two decades also been a very real part of what the Bundeswehr does. (shrink)

If Jewish Bolsheviks could put an end to the imperial rule of the Romanovs, could they pose a threat to the vision of a Third Reigh? A question the German National Socialists are likely to have asked themselves before and on the eve of plotting the rise of the Nazi regime. After all, Europe had had a long-standing relationship with blaming the Jews for the world’s miseries. A relationship Germany was ready to refuel, as indicated by German Field Marshal (...) Walter von Reichenau, when he stated that ‘the most essential aim of war against the Jewish-bolshevistic system is a complete destruction of their means of power and the elimination of Asiatic influence from the European culture.’ But the German fears of Jewish interference with their great scheme for Europe’s future, must surely have been inspired by more than just the age-old conspiratorial allegation that Jews were the main forces behind world politics. As such, this essay will seek to inspect the apparent rise of antisemitic fears at the time, and put a case forward to show how religion played into all this. (shrink)

Methodological critique of the sociological theory "spontaneous cooperation" to explain the revolution in Germany in 1989. This approach represented the german sociologists Dieter Opp and Detlef Pollack. The author reconstructs the two statements. Opp's approach is logically inconsistent. This approach is also unfit for scientific prediction, but Opp says the possibility of prediction is a necessary criterion for a scientific theory. Pollack's systemtheoretical approach ignores the really existing organized resistance of the subversive groups in Leipzig, for example the "Working (...) group for human rights" or the "Working group for Justice". Miracle or surprise chance are scientifically anacceptable models to explain a revolution. Both economically and politically offered the capitalist welfare state more for the workers than the socialism. So people noticed socialism as a system with more work for less prosperity and without civil rights, as a system of "exploitation by inefficiency" (Elsenhans). The author describes the revolution as a result of very effective collaboration between people, who willing to take risks and wanted to emigrate from the GDR to West, and the subversive groups, that could organize the revolutionary resistance. - This is a possible interpretation of the revolution from the interaction of transition-theory and voice-and-exit-theory (Hirschman). (shrink)

The theory that all processes in the universe are computational is attractive in its promise to provide an understandable theory of everything. I want to suggest here that this pancomputationalism is not sufficiently clear on which problem it is trying to solve, and how. I propose two interpretations of pancomputationalism as a theory: I) the world is a computer and II) the world can be described as a computer. The first implies a thesis of supervenience of the physical over computation (...) and is thus reduced ad absurdum. The second is underdetermined by the world, and thus equally unsuccessful as theory. Finally, I suggest that pancomputationalism as metaphor can be useful. – At the Paderborn workshop in 2008, this paper was presented as a commentary to the relevant paper by Gordana Dodig-Crnkovic " Info-Computationalism and Philosophical Aspects of Research in Information Sciences". (shrink)

In Germany, between the last decades of the 18th and the first decades of the 19th centuries, four fundamental figures of German and European culture emerged: Lessing the great playwright, Herder the promoter of the epistemological foundations of modern linguistics and of the emerging historical-social sciences, Goethe the supreme poet and novelist, and Fichte the eminent philosopher. They were all Freemasons and basic authors of Masonic thought. The most significant works of these authors have been chosen, which summarize the (...) interpretative modalities of the complex Masonic reality of the 18th century. The book analyses Lessing's five Dialogues for Freemasons, highlighting his austere vision in the search for the essence of Freemasonry. Of Herder's two Masonic Dialogues, the connotation in the sense of Humanity of a Freemasonry that leaves the Enlightenment to set out towards new goals of pure and spiritual thought is noted. Among Goethe's poetic works, two in particular highlight the depth of a Masonic thought pervaded by a sophisticated and modern hermeticism. Fichte's Lessons on Freemasonry are framed in his complex philosophical thought and in his complicated experience of Masonic life. ========== Nella Germania tra gli ultimi decenni del XVIII e i primi del XIX secolo emergono quattro figure fondamentali della cultura tedesca ed europea: Lessing il grande drammaturgo, Herder promotore delle basi epistemologiche della moderna linguistica e delle nascenti scienze storico-sociali, Goethe il sommo poeta e romanziere, Fichte l’eminente filosofo. Erano tutti Massoni e autori basilari del pensiero massonico. Di questi Autori sono state scelte le opere più significative che sintetizzano le modalità interpretative della complessa realtà massonica del ‘700. Nel libro si analizzano i cinque Dialoghi per Massoni di Lessing evidenziando la sua visione austera nella ricerca dell’essenza della Massoneria. Dei due Dialoghi massonici di Herder è rilevata la connotazione nel senso dell’Humanität di una Massoneria che esce dall’Illuminismo per avviarsi a nuove mete di pensiero puro e spirituale. Tra le opere poetiche di Goethe due in particolare evidenziano la profondità di un pensiero massonico pervaso di un sofisticato e moderno ermetismo. Le Lezioni sulla Massoneria di Fichte sono inquadrate nel suo complesso pensiero filosofico e nella sua complicata esperienza di vita massonica. (shrink)

Holism in interwar Germany provides an excellent example for social and political in- fluences on scientific developments. Deeply impressed by the ubiquitous invocation of a cultural crisis, biologists, physicians, and psychologists presented holistic accounts as an alternative to the “mechanistic worldview” of the nineteenth century. Although the ideological background of these accounts is often blatantly obvious, many holistic scientists did not content themselves with a general opposition to a mechanistic worldview but aimed at a rational foundation of their holistic (...) projects. This article will discuss the work of Kurt Goldstein, who is known for both his groundbreaking contributions to neuropsychology and his holistic philosophy of human nature. By focusing on Goldstein’s neurolinguistic research, I want to reconstruct the empirical foundations of his holistic program without ignoring its cultural background. In this sense, Goldstein’s work provides a case study for the formation of a scientific theory through the complex interplay between specific empirical evidences and the general cultural developments of the Weimar Republic. (shrink)