A standard line in the contemporary philosophical literature has it that physical theories are equivalent only when they agree on their empirical content, where this empirical content is often understood as being encoded in the equations of motion of those theories. In this article, we question whether it is indeed the case that the empirical content of a theory is exhausted by its equations of motion, showing that (for example) considerations of boundary conditions play a key role in the empirical (...) equivalence (or otherwise) of theories. Having argued for this, we show that philosophical claims made by Weatherall (2016) that electromagnetism in the Faraday tensor formalism is equivalent to electromagnetism in the vector potential formalism, and by Knox (2011) that general relativity is equivalent to teleparallel gravity, can both be called into question. We then show that properly considering the role of boundary conditions in theory structure can potentially restore these claims of equivalence and close with some remarks on the pragmatics of adjudications on theory identity. (shrink)

A model of brain function is presented that is consistently based on the biological principle of equilibrium. The neuronal modules of the cerebral cortex are proposed as units in which equilibrium between incoming signals and the synaptic structure is determined or established. Because of the electromagnetic activity of the brain, the electromagnetic properties of thecells are brought into focus. Due to the synaptic changes of the modules -essentially during sleep -an electromagnetic resting balance between the modules is established. Incoming signals (...) during the day, disturb the electromagnetic resting equilibrium and are detected and understood by this. The connecting nodes within the neuronal network are given by the equilibrium modules. Incoming information is represented in the form of the specific pathway of the network, while recognized information is represented by the equilibrium states within the modules. The paper leads to an understanding of information storage and processing in the brain. It even provides a hypothesis for understanding the emergence of the "self". Finally, the consideration of electromagnetic wave properties of neurons opens up a biophysical starting point to understanding conscious perceptions. In neuroscience, we lack a unifying theory of the brain. The reason for this may be an important detail –a missing link –that we do not yet see. Following the "track of biological equilibrium" in this paper leads to the hypothesis that the electromagnetic properties of the neurons are potential candidates to fill that gap. A hypothesis is developed describing their physiological significance in the processing of neurological information. (shrink)

Abstract (German version follows): -/- This paper develops a new proposal for a coherentist business ethic in which ethically justified and empirically supported proposed solutions to economic problems are developed through a coherentist process of adjustments between the three levels of (1) conception of problem and its solution, (2) positive economic theory, and (3) ethical theories. Using an example, it illustrates how in this framework, Homann's business ethics gains in validity and relevance but loses its claim to universality. // -/- (...) Diese Arbeit entwickelt eine kohärentistische Wirtschaftsethik, in der ethisch begründete und empirisch gestützte Lösungsvorschläge für ökonomische Probleme durch einen kohärentistischen Anpassungsprozess zwischen den drei Ebenen (1) Auffassung von Problem und Lösungsansatz, (2) positive ökonomische Theorie, sowie (3) ethischen Theorien erarbeitet werden. Anhand eines Beispiels wird illustriert, wie Homanns Wirtschaftsethik in diesem Rahmen an Validität und Relevanz gewinnt, jedoch ihren Universalitätsanspruch verliert. (shrink)

It is commonly assumed that the expression “an sich selbst” (“in itself”) in Kant combines with terms to form complex nouns such as “thing in itself” and “end in itself.” I argue that the basic use of “an sich selbst” in Kant’s German is as a sentence adverb, which has the role of modifying subject-predicate combinations, rather than either subject or predicate on their own. Expressions of the form “S is P an sich selbst” mean roughly that S is P (...) ‘in its own right’ or without some further ‘condition’. Accordingly, “an sich selbst” should not be treated as forming complex nouns. This analysis has significant consequences for the interpretation of “thing in itself” in particular, for it implies that the latter is not a complete nominal expression. Instead, one must treat ‘an sich selbst’ as expressing how some S is a ‘thing’, looking to the wider sentential context. I conclude with a brief account of the new significance granted to the concept of a ‘thing’ (Ding) according to the present interpretation. (shrink)

European Journal of Philosophy, Volume 29, Issue 4, Page 1026-1038, December 2021.

This essay defends a reading of Hegel as a metametaphysical antirealist. Metametaphysical antirealism is a denial that metaphysics has as its subject matter answers to theoretical questions about the mind-independent world. Hence, on this view, metaphysical questions are not, in principle, knowledge transcendent. I hold that Hegel presents a version of metametaphysical antirealism in the Science of Logic because he pursues his project by suspending reference to all supposed objects of metaphysical theory as practiced before him. Hegel introduces reference in (...) his theory only by the self-reference of thought to itself in the Doctrine of the Concept. I motivate the relevance of Hegel’s approach to metaphysics by comparing it to Kit Fine’s (2017) concept of “naïve metaphysics.” I argue that Hegel’s theory results from a comprehensively naïve metaphysics. (shrink)

The category of ‘organism’ has an ambiguous status: is it scientific or is it philosophical? Or, if one looks at it from within the relatively recent field or sub-field of philosophy of biology, is it a central, or at least legitimate category therein, or should it be dispensed with? In any case, it has long served as a kind of scientific “bolstering” for a philosophical train of argument which seeks to refute the “mechanistic” or “reductionist” trend, which has been perceived (...) as dominant since the 17th century, whether in the case of Stahlian animism, Leibnizian monadology, the neo-vitalism of Hans Driesch, or, lastly, of the “phenomenology of organic life” in the 20th century, with authors such as Kurt Goldstein, Maurice Merleau-Ponty, and Georges Canguilhem. In this paper I try to reconstruct some of the main interpretive ‘stages’ or ‘layers’ of the concept of organism in order to critically evaluate it. How might ‘organism’ be a useful concept if one rules out the excesses of ‘organismic’ biology and metaphysics? Varieties of instrumentalism and what I call the ‘projective’ concept of organism are appealing, but perhaps ultimately unsatisfying. (shrink)

In reflecting on the relation between early empiricist conceptions of the mind and more experimentally motivated materialist philosophies of mind in the mid-eighteenth century, I suggest that we take seriously the existence of what I shall call ‘phantom philosophical projects’. A canonical empiricist like Locke goes out of his way to state that their project to investigate and articulate the ‘logic of ideas’ is not a scientific project: “I shall not at present meddle with the Physical consideration of the Mind” (...) (Essay, I.i.2). An equally prominent thinker, Immanuel Kant, seems to make an elementary mistake, given such a clear statement, when he claims that Locke’s project was a “physiology of the understanding,” in the Preface to the A edition of the first Critique). A first question, then, would be: what is this physiology of the understanding, if it was not Locke’s project? Did anyone undertake such a project? If not, what would it have resembled? My second and related case comes out of a remark the Hieronymus Gaub makes in a letter to Charles Bonnet of 1761: criticizing materialist accounts of mind and mind-body relations such as La Mettrie’s, Gaub suggests that what is needed is a thorough study of the “mechanics of the soul,” and that Bonnet could write such a study. What is the mechanics of the soul, especially given that it is presented as a non-materialist project? To what extent does it resemble the purported “physiology of the understanding”? And more generally, what do both of these phantom projects have to do with a process we might describe as a ‘naturalization of the soul’? (shrink)

In his Philosophical Inquiry concerning Human Liberty (1717), the English deist Anthony Collins proposed a complete determinist account of the human mind and action, partly inspired by his mentor Locke, but also by elements from Bayle, Leibniz and other Continental sources. It is a determinism which does not neglect the question of the specific status of the mind but rather seeks to provide a causal account of mental activity and volition in particular; it is a ‘volitional determinism’. Some decades later, (...) Diderot articulates a very similar determinism, which seeks to recognize the existence of “causes proper to man” (as he says in the Réfutation d’Helvétius). The difference with Collins is that now biological factors are being taken into account. Obviously both the ‘volitional’ and the ‘biological’ forms of determinism are noteworthy inasmuch as they change our picture of the nature of determinism itself, but my interest here is to compare these two determinist arguments, both of which are broadly Spinozist in nature – and as such belong to what Jonathan Israel called in his recent book “the radical Enlightenment,” i.e. a kind of underground Enlightenment constituted by Spinozism – and to see how Collins’ specifically psychological vision and Diderot’s specifically biological vision correspond to their two separate national contexts: determinism in France in the mid-1750s was a much more medico-biological affair than English determinism, which appears to be on a ‘path’ leading to Mill and associationist psychology. (shrink)

Many academic works as well as many works of art are such that if they had never been produced, no one would be worse off. Yet it is hard to resist the judgment that some such works are good nonetheless. We are rightly grateful that these works were created; we rightly admire them, appreciate them, and take pains to preserve them. And the authors and artists who produced them have reason to be proud. This should lead us to question the (...) view that in order for a thing to be good, in a sense which implies that the thing merits our attention and positive concern, it needs to be good for someone or something whose welfare is enhanced by it. (shrink)

It is now well-known that Newton–Cartan theory is the correct geometrical setting for modelling the quantum Hall effect. In addition, in recent years edge modes for the Newton–Cartan quantum Hall effect have been derived. However, the existence of these edge modes has, as of yet, been derived using only orthodox methodologies involving the breaking of gauge-invariance; it would be preferable to derive the existence of such edge modes in a gauge-invariant manner. In this article, we employ recent work by Donnelly (...) and Freidel in order to accomplish exactly this task. Our results agree with known physics, but afford greater conceptual insight into the existence of these edge modes: in particular, they connect them to subtle aspects of Newton–Cartan geometry and pave the way for further applications of Newton–Cartan theory in condensed matter physics. (shrink)

Sensibility, in any of its myriad realms – moral, physical, aesthetic, medical and so on – seems to be a paramount case of a higher-level, intentional property, not a basic property. Diderot famously made the bold and attributive move of postulating that matter itself senses, or that sensibility (perhaps better translated ‘sensitivity’ here) is a general or universal property of matter, even if he at times took a step back from this claim and called it a “supposition.” Crucially, sensibility is (...) here playing the role of a ‘booster’: it enables materialism to provide a full and rich account of the phenomena of conscious, sentient life, contrary to what its opponents hold: for if matter can sense, and sensibility is not a merely mechanical process, then the loftiest cognitive plateaus are accessible to materialist analysis, or at least belong to one and the same world as the rest of matter. This was noted by the astute anti-materialist critic, the Abbé Lelarge de Lignac, who, in his 1751 Lettres à un Amériquain, criticized Buffon for “granting to the body [la machine, a common term for the body at the time] a quality which is essential to minds, namely sensibility.” This view, here attributed to Buffon and definitely held by Diderot, was comparatively rare. If we look for the sources of this concept, the most notable ones are physiological and medical treatises by prominent figures such as Robert Whytt, Albrecht von Haller and the Montpellier vitalist Théophile de Bordeu. We then have, or so I shall try to sketch out, an intellectual landscape in which new – or newly articulated – properties such as irritability and sensibility are presented either as an experimental property of muscle fibers, that can be understood mechanistically (Hallerian irritability, as studied recently by Hubert Steinke and Dominique Boury) or a property of matter itself (whether specifically living matter as in Bordeu and his fellow montpelliérains Ménuret and Fouquet, or matter in general, as in Diderot). I am by no means convinced that it is one and the same ‘sensibility’ that is at issue in debates between these figures (as when Bordeu attacks Haller’s distinction between irritability and sensibility and claims that ‘his own’ property of sensibility is both more correct and more fundamental in organic beings), but I am interested in mapping out a topography of the problem of sensibility as property of matter or as vital force in mid-eighteenth-century debates – not an exhaustive cartography of all possible positions or theories, but an attempt to understand the ‘triangulation’ of three views: a vitalist view in which sensibility is fundamental, matching up with a conception of the organism as the sum of parts conceived as little lives (Bordeu et al.); a mechanist, or ‘enhanced mechanist’ view in which one can work upwards, step by step from the basic property of irritability to the higher-level property of sensibility (Haller); and, more eclectic, a materialist view which seeks to combine the mechanistic, componential rigour and explanatory power of the Hallerian approach, with the monistic and metaphysically explosive potential of the vitalist approach (Diderot). It is my hope that examining Diderot in the context of this triangulated topography of sensibility as property sheds light on his famous proclamation regarding sensibility as a universal property of matter. (shrink)

In the Transcendental Aesthetic (TA), Kant is typically held to make negative assertations about “things in themselves,” namely that they are not spatial or temporal. These negative assertions stand behind the “neglected alternative” problem for Kant’s transcendental idealism. According to this problem, Kant may be entitled to assert that spatio-temporality is a subjective element of our cognition, but he cannot rule out that it may also be a feature of the objective world. In this paper, I show in a new (...) way how Kant’s view (focusing on his conclusions about space) is not subject to this objection, by showing that he does not make the denial about mind-independent reality that he is typically held to make. The argument develops consequences of a new reading of Kant’s expression “an sich selbst” (‘in itself’; ‘in themselves’). I argue that “an sich selbst” or “per se” has a special, judgment-level role, so that this expression does not form new noun-terms adjectivally. It follows that the conceptual unit of Kant’s “Conclusions” in the TA is simply “things” (Dinge), since “things in themselves” is not a nominal expression; Kant adopts the Wolffian ontological use of “thing” as the basic kind-term for any existent. The arguments that things per se are not in space are arguments that space cannot be a necessary property or relations of things as a kind. I show that this does not involve the positive claim about mind-independent reality that inspires the neglected alternative objection. (shrink)

The self-fashioning of French Newtonianism Content Type Journal Article DOI 10.1007/s11016-010-9511-3 Authors Charles T. Wolfe, Unit for History and Philosophy of Science, University of Sydney, Sydney, NSW 2006, Australia David Gilad, Unit for History and Philosophy of Science, University of Sydney, Sydney, NSW 2006, Australia Journal Metascience Online ISSN 1467-9981 Print ISSN 0815-0796.

My topic is the materialist appropriation of empiricism – as conveyed in the ‘minimal credo’ nihil est in intellectu quod non fuerit in sensu (which interestingly is not just a phrase repeated from Hobbes and Locke to Diderot, but is also a medical phrase, used by Harvey, Mandeville and others). That is, canonical empiricists like Locke go out of their way to state that their project to investigate and articulate the ‘logic of ideas’ is not a scientific project: “I shall (...) not at present meddle with the Physical consideration of the Mind” (Essay, I.i.2, in Locke 1975; which Kant gets exactly wrong in his reading of Locke, in the Preface to the A edition of the first Critique). Indeed, I have suggested elsewhere, contrary to a prevalent reading of Locke, that the Essay is not the extension to the study of the mind of the methods of natural philosophy; that he is actually not the “underlabourer” of Newton and Boyle he claims politely to be in the Epistle to the Reader (Wolfe and Salter 2009, Wolfe 2010). Rather, Locke says quite directly if we pay heed to such passages, “Our Business here is not to know all things, but those which concern our Conduct” (Essay, I.i.6). There would be more to say here about what this implies for our understanding of empiricism (see Norton 1981 and Gaukroger 2005), but instead I shall focus on a different aspect of this episode: how a non-naturalistic claim which falls under what we now call epistemology (a claim about the senses as the source of knowledge) becomes an ontology – materialism. That is, how an empiricist claim could shift from being about the sources of knowledge to being about the nature of reality (and/or the mind, in which case it needs, as David Hartley saw and Denis Diderot proclaimed more overtly, an account of the relation between mental processes and the brain). (David Armstrong, for one, denied that there could be an identification between empiricism and materialism on this point: eighteenth-century history of science seems to prove him wrong: see Armstrong 1968 and 1978.) Put differently, I want to examine the shift from the logic of ideas in the seventeenth century (Locke) to an eighteenth-century focus on what kind of ‘world’ the senses give us (Condillac), to an assertion that there is only one substance in the universe (Diderot, giving a materialist cast to Spinozism), and that we need an account of the material substrate of mental life. This is neither a ‘scientific empiricism’ nor a linear developmental process from philosophical empiricism to natural science, but something else again: the unpredictable emergence of an ontology on empiricist grounds. (shrink)

Canguilhem is known to have regretted, with some pathos, that Life no longer serves as an orienting question in our scientific activity. He also frequently insisted on a kind of uniqueness of organisms and/or living bodies – their inherent normativity, their value-production and overall their inherent difference from mere machines. In addition, Canguilhem acknowledged a major debt to the German neurologist-theoretician Kurt Goldstein, author most famously of The Structure of the Organism in 1934; along with Merleau-Ponty, Canguilhem was the main (...) figure who introduced the work of Goldstein and his ‘phenomenology of embodiment’ into France. In this paper I inquire if we should view Canguilhem and Goldstein as ‘biochauvinists’, that is, as thinkers who consider that there is something inherently unique about biological entities as such, and if so, of what sort. (shrink)

Denis Diderot’s natural philosophy is deeply and centrally ‘biologistic’: as it emerges between the 1740s and 1780s, thus right before the appearance of the term ‘biology’ as a way of designating a unified science of life (McLaughlin), his project is motivated by the desire both to understand the laws governing organic beings and to emphasize, more ‘philosophically’, the uniqueness of organic beings within the physical world as a whole. This is apparent both in the metaphysics of vital matter he puts (...) forth in works such as D’Alembert’s Dream (1769) and the more empirical concern with the mechanics of life in his manuscript Elements of Physiology, on which he worked during the last twenty years of his life. This ‘biologism’ obviously presents the interpreter of Diderot with some difficulties, notably as regards his materialism, given that contemporary forms of materialism have on the contrary strongly rejected notions of emergence, vitalism, teleology and any concepts appealing to unique, irreducible features of organisms. In response, some have described him as a ‘holist’ (Kaitaro) while others have emphasized his materialist, naturalist project (Bourdin, Wolfe). In what follows I examine a little-known aspect of Diderot’s articulation of his biological project: his statement in favour of epigenesis within the short but suggestive Encyclopédie article “Spinosiste.” Diderot was, of course, a partisan of epigenesis (the developmental-biological theory opposed to preformation, according to which beings develop by successive adjunction of layers of matter), but why include a statement in favour of a particular biological (or developmental) theory within an entry dealing with a philosopher, Spinoza, who does not seem to have been concerned at all with the specific properties of living beings, how they grow from embryonic to developed states, and so on? By trying to answer this question I also try and locate Diderot’s biological project in relation to what will become, in the years after his death, the project for a science called ‘biology’, with figures such as Treviranus and Lamarck. For it is not clear that the two can be easily correlated or causally linked: Diderot’s ‘epigenetic Spinozism’ is a different conceptual entity from what we find in histories of biology. (shrink)

Drawing on a rich pragmatist tradition, this book offers an account of the different kinds of ‘oughts’, or varieties of normativity, that we are subject to contends that there is no conflict between normativity and the world as science describes it. The authors argue that normative claims aim to evaluate, to urge us to do or not do something, and to tell us how a state of affairs ought to be. These claims articulate forms of action-guidance that are different in (...) kind from descriptive claims, with a wholly distinct practical and expressive character. This account suggests that there are no normative facts, and so nothing that needs any troublesome shoehorning into a scientific account of the world. This work explains that nevertheless, normative claims are constrained by the world, and answerable to reason and argumentation, in a way that makes them truth-apt and objective. (shrink)

There are well-known problems for formalist accounts of game-play with regards to cheating. Such accounts seem to be committed to cheaters being unable to win–or even play–the game, yet it seems that there are instances of cheaters winning games. In this paper, I expand the discussion of such problems by introducing cases of pre-game cheating, and see how a formalist–specifically a Suitsian–account can accommodate such problems. Specifically, I look at two (fictional) examples where the alleged game-players cheat prior to a (...) game-instance in such as a way as to cast doubt on whether the alleged game-players are truly playing the game. To escape the worries brought about by these examples of pre-game cheating, I will appeal to the concept of nested games. This concept will give us the needed tools to explain how the alleged players are cheating and how the alleged players are players. On the whole, this discussion should help illuminate some important issues with regards to cheating and rules on a Suitsian account of game-play, and help give support for formalist accounts more generally. (shrink)

The materialist approach to the body is often, if not always understood in ‘mechanistic’ terms, as the view in which the properties unique to organic, living embodied agents are reduced to or described in terms of properties that characterize matter as a whole, which allow of mechanistic explanation. Indeed, from Hobbes and Descartes in the 17th century to the popularity of automata such as Vaucanson’s in the 18th century, this vision of things would seem to be correct. In this paper (...) I aim to correct this inaccurate vision of materialism. On the contrary, the materialist project on closer consideration reveals itself to be, significantly if not exclusively, (a) a body of theories specifically focused on the contribution that ‘biology’ or rather ‘natural history’ and physiology make to metaphysical debates, (b) much more intimately connected to what we now call ‘vitalism’ (a case in point is the presence of Théophile de Bordeu, a prominent Montpellier physician and theorist of vitalism, as a fictional character and spokesman of materialism, in Diderot’s novel D’Alembert’s Dream), and ultimately (c) an anti-mechanistic doctrine which focuses on the unique properties of organic beings. To establish this revised vision of materialism I examine philosophical texts such as La Mettrie’s Man a Machine and Diderot’s D’Alembert’s Dream; medical entries in the Encyclopédie by physicians such as Ménuret and Fouquet; and clandestine combinations of all such sources (Fontenelle, Gaultier and others). (shrink)

The eminent French biologist and historian of biology, François Jacob, once notoriously declared “On n’interroge plus la vie dans les laboratoires”: laboratory research no longer inquires into the notion of ‘Life’. Nowadays, as David Hull puts it, “both scientists and philosophers take ontological reduction for granted… Organisms are ‘nothing but’ atoms, and that is that.” In the mid-twentieth century, from the immediate post-war period to the late 1960s, French philosophers of science such as Georges Canguilhem, Raymond Ruyer and Gilbert Simondon (...) returned to Jacob’s statement with an odd kind of pathos: they were determined to reverse course. Not by imposing a different kind of research program in laboratories, but by an unusual combination of historical and philosophical inquiry into the foundations of the life sciences (particularly medicine, physiology and the cluster of activities that were termed ‘biology’ in the early 1800s). Even in as straightforwardly scholarly a work as La formation du concept de réflexe aux XVIIe et XVIIIe siècles (1955), Canguilhem speaks oddly of “defending vitalist biology,” and declares that Life cannot be grasped by logic (or at least, “la vie déconcerte la logique”). Was all this historical and philosophical work merely a reassertion of ‘mysterian’, magical vitalism? In order to answer this question we need to achieve some perspective on Canguilhem’s ‘vitalism’, notably with respect to its philosophical influences such as Kurt Goldstein. (shrink)

In this paper, I contest increasingly common "realist" interpretations of Hegel's theory of "the concept" (der Begriff), offering instead a "isomorphic" conception of the relation of concepts and the world. The isomorphism recommended, however, is metaphysically deflationary, for I show how Hegel's conception of conceptual form creates a conceptually internal standard for the adequacy of concepts. No "sideways-on" theory of the concept-world relationship is envisioned. This standard of conceptual adequacy is also "graduated" in that it allows for a lack of (...) fit between concept and world. The possibility for a "maximally isomorphic" fit between concept and world obtains through the teleological realization of concepts, which marks especially the "artificial" world of human culture (law, art, religion, etc.). Some of the most seemingly exaggerated claims Hegel makes about the concept, I contend, can be understood when we consider the significance Hegel ascribes to human making, which is provided for in his conceptual theory. But my framework provides an interpretive key for the way Hegel sees concepts imperfectly realized in the natural world as well. (shrink)

Intellectual history still quite commonly distinguishes between the episode we know as the Scientific Revolution, and its successor era, the Enlightenment, in terms of the calculatory and quantifying zeal of the former—the age of mechanics—and the rather scientifically lackadaisical mood of the latter, more concerned with freedom, public space and aesthetics. It is possible to challenge this distinction in a variety of ways, but the approach I examine here, in which the focus on an emerging scientific field or cluster of (...) disciplines—the ‘life sciences’, particularly natural history, medicine, and physiology —is, not Romantically anti-scientific, but resolutely anti-mathematical. Diderot bluntly states, in his Thoughts on the interpretation of nature, that “We are on the verge of a great revolution in the sciences. Given the taste people seem to have for morals, belles-lettres, the history of nature and experimental physics, I dare say that before a hundred years, there will not be more than three great geometricians remaining in Europe. The science will stop short where the Bernoullis, the Eulers, the Maupertuis, the Clairauts, the Fontaines and the D’Alemberts will have left it.... We will not go beyond.” Similarly, Buffon in the first discourse of his Histoire naturelle speaks of the “over-reliance on mathematical sciences,” given that mathematical truths are merely “definitional” and “demonstrative,” and thereby “abstract, intellectual and arbitrary.” Earlier in the Thoughts, Diderot judges “the thing of the mathematician” to have “as little existence in nature as that of the gambler.” Significantly, this attitude—taken by great scientists who also translated Newton or wrote careful papers on probability theory, as well as by others such as Mandeville—participates in the effort to conceptualize what we might call a new ontology for the emerging life sciences, very different from both the ‘iatromechanism’ and the ‘animism’ of earlier generations, which either failed to account for specifically living, goal-directed features of organisms, or accounted for them in supernaturalistic terms by appealing to an ‘anima’ as explanatory principle. Anti-mathematicism here is then a key component of a naturalistic, open-ended project to give a successful reductionist model of explanation in ‘natural history’, a model which is no more vitalist than it is materialist—but which is fairly far removed from early modern mechanism. (shrink)

Despite the important role doping plays in the world of sport, insufficient attention has been given to understanding the concept of doping. In this paper, I argue that we should understand doping as a means of gaining a competitive advantage through the use of exogenous substances entering an athlete’s body, where such means undermine the relevant sporting institution. By focusing on sport as socially constructed institution, not merely as competition, we can have a unified explanation for many of our pretheoretic (...) beliefs while giving the tools to understand doping in the ever-changing landscape of contemporary sport and society. (shrink)

Newton’s impact on Enlightenment natural philosophy has been studied at great length, in its experimental, methodological and ideological ramifications. One aspect that has received fairly little attention is the role Newtonian “analogies” played in the formulation of new conceptual schemes in physiology, medicine, and life science as a whole. So-called ‘medical Newtonians’ like Pitcairne and Keill have been studied; but they were engaged in a more literal project of directly transposing, or seeking to transpose, Newtonian laws into quantitative models of (...) the body. I am interested here in something different: neither the metaphysical reading of Newton, nor direct empirical transpositions, but rather, a more heuristic, empiricist construction of Newtonian analogies. Figures such as Haller, Barthez, and Blumenbach constructed analogies between the method of celestial mechanics and the method of physiology. In celestial mechanics, they held, an unknown entity such as gravity is posited and used to mathematically link sets of determinate physical phenomena (e.g., the phases of the moon and tides). This process allows one to remain agnostic about the ontological status of the unknown entity, as long as the two linked sets of phenomena are represented adequately. Haller et. al. held that the Newtonian physician and physiologist can similarly posit an unknown called ‘life’ and use it to link various other phenomena, from digestion to sensation and the functioning of the glands. These phenomena consequently appear as interconnected, goal-oriented processes which do not exist either in an inanimate mechanism or in a corpse. In keeping with the empiricist roots of the analogy, however, no ontological claims are made about the nature of this vital principle, and no attempts are made to directly causally connect such a principle and observable phenomena. The role of the “Newtonian analogy” thus brings together diverse schools of thought, and cuts across a surprising variety of programs, models and practices in natural philosophy. (shrink)

Table of contents for MONSTERS AND PHILOSOPHY, edited by Charles T. Wolfe (London 2005) -/- List of Contributors iii Acknowledgments vii List of Abbreviations ix -/- Introduction xi Charles T. Wolfe The Riddle of the Sphinx: Aristotle, Penelope, and 1 Empedocles Johannes Fritsche Science as a Cure for Fear: The Status of Monsters in 21 Lucretius Morgan Meis Nature and its Monsters During the Renaissance: 37 Montaigne and Vanini Tristan Dagron Conjoined Twins and the Limits of our Reason 61 Annie (...) Bitbol-Hespériès Degeneration and Hybridism in the Early Modern Species 109 Debate: Towards the Philosophical Roots of the Creation-Evolution Controversy Justin E. H. Smith Leibniz on the Unicorn and Various other Curiosities 131 Roger Ariew The Creativity of God and the Order of Nature: 153 Anatomizing Monsters in the Early Eighteenth Century Anita Guerrini The Status of Anomalies in the Philosophy of Diderot 169 Annie Ibrahim The Materialist Denial of Monsters 187 Charles T. Wolfe Cerebral Assymetry, Monstrosities and Hegel. 205 On the Situation of the Life Sciences in 1800 Michael Hagner The Lady Knight of the Perilous Place 217 Elfriede Jelinek Monster: More than a Word. . . From Portent to Anomaly, 231 the Extraordinary Career of Monsters Beate Ochsner Index 281 . (shrink)

Well prior to the invention of the term ‘biology’ in the early 1800s by Lamarck and Treviranus, and also prior to the appearance of terms such as ‘organism’ under the pen of Leibniz in the early 1700s, the question of ‘Life’, that is, the status of living organisms within the broader physico-mechanical universe, agitated different corners of the European intellectual scene. From modern Epicureanism to medical Newtonianism, from Stahlian animism to the discourse on the ‘animal economy’ in vitalist medicine, models (...) of living being were constructed in opposition to ‘merely anatomical’, structural, mechanical models. It is therefore curious to turn to the ‘passion play’ of the Scientific Revolution – whether in its early, canonical definitions or its more recent, hybridized, reconstructed and expanded versions: from Koyré to Biagioli, from Merton to Shapin – and find there a conspicuous absence of worry over what status to grant living beings in a newly physicalized universe. Neither Harvey, nor Boyle, nor Locke (to name some likely candidates, the latter having studied with Willis and collaborated with Sydenham) ever ask what makes organisms unique, or conversely, what does not. In this paper I seek to establish how ‘Life’ became a source of contention in early modern thought, and how the Scientific Revolution missed the controversy. (shrink)

In this essay I seek to critically evaluate some forms of holism and organicism in biological thought, as a more deflationary echo to Gilbert and Sarkar's reflection on the need for an 'umbrella' concept to convey the new vitality of holistic concepts in biology (Gilbert and Sarkar 2000). Given that some recent discussions in theoretical biology call for an organism concept (from Moreno and Mossio’s work on organization to Kirschner et al.’s research paper in Cell, 2000, building on chemistry to (...) articulate what they called “molecular vitalism,” studying the “vitalistic” properties of molecular, cellular, and organismal function, and Pepper and Herron’s suggestion in their 2008 paper that organisms define a category that evolutionary biology cannot do without), the question, what concept of organicism are they calling for? To what extent are such claims philosophically committed to a non-naturalistic concept of organism as organizing centre, as a foundational rather than heuristic concept – or possibly a “biochauvinism,” to use Di Paolo’s term (Di Paolo 2009)? My aim in this paper is to conceptually clarify the forms of holism and organicism that are involved in these cases (and I acknowledge that the study of early 20th-century holisms [Peterson 2010] indicates that not all of them were in fact ‘organicist’ or ‘biologistic’). I suggest that contemporary holists are still potentially beholden to a certain kind of vitalism or “biochauvinism”; but that when they reduce their claims to mere heuristics, conversely, they risk losing sight of a certain kind of organizational “thickness”, a “vital materiality” (Wheeler 2010) which is characteristic of biological systems (Bechtel 2007). And I ask if it is possible to articulate a concept of biological holism or organicism which is neither an empirical ‘biochauvinism’ nor a metaphysical ‘vitalism’? (shrink)

The organism is neither a discovery like the circulation of the blood or the glycogenic function of the liver, nor a particular biological theory like epigenesis or preformationism. It is rather a concept which plays a series of roles – sometimes overt, sometimes masked – throughout the history of biology, and frequently in very normative ways, also shifting between the biological and the social. Indeed, it has often been presented as a key-concept in life science and the ‘theorization’ of Life, (...) but conversely has also been the target of influential rejections: as just an instrument of transmission for the selfish gene, but also, historiographically, as part of an outdated ‘vitalism’. Indeed, the organism, perhaps because it is experientially closer to the ‘body’ than to the ‘molecule’, is often the object of quasi-affective theoretical investments presenting it as essential, sometimes even as the pivot of a science or a particular approach to nature, while other approaches reject or attack it with equal force, assimilating it to a mysterious ‘vitalist’ ontology of extra-causal forces, or other pseudo-scientific doctrines. This paper does not seek to adjudicate between these debates, either in terms of scientific validity or historical coherence; nor does it return to the well-studied issue of the organism-mechanism tension in biology. Recent scholarship has begun to focus on the emergence and transformation of the concept of organism, but has not emphasized so much the way in which organism is a shifting, ‘go-between’ concept – invoked as ‘natural’ by some thinkers to justify their metaphysics, but then presented as value-laden by others, over and against the natural world. The organism as go-between concept is also a hybrid, a boundary concept or an epistemic limit case, all of which partly overlap with the idea of ‘nomadic concepts’. Thereby the concept of organism continues to function in different contexts – as a heuristic, an explanatory challenge, a model of order, of regulation, etc. – despite having frequently been pronounced irrelevant and reduced to molecules or genes. Yet this perpetuation is far removed from any ‘metaphysics of organism’, or organismic biology. (shrink)

What is it for someone to be part of a game? While significant work has been done on the concept of playing a game, less has been done on the concept of being part of a game. This paper looks at how someone’s status of being part of a game can be distinguished from their status of playing a game, and then introduces a new taxonomy for the different ways in which someone can be part of a game.

Hegel often says that his "logic" is meant to replace metaphysics. Since Hegel's Science of Logic is so different from a standard logic, most commentators have not treated the portion of that work devoted to logical forms as relevant to this claim. This paper argues that Hegel's discussion of logical forms of judgment and syllogism is meant to be the foundation of his reformation of metaphysics. Implicit in Hegel's discussion of the logical forms is the view that the metaphysical concepts (...) discussed in Books I and II of the Science of Logic supervene on the role of subject and predicate terms in the logical forms discussed in Book III. Hegel thus has an explanation for the nature and significance of metaphysical concepts that resembles Kant's "metaphysical deduction," according to which the categories can be derived from the table of judgments. Though Hegel's metaphysics is often supposed to be influenced by Kant, prevailing interpretations do not show how Hegel's fine-grained treatment of logical forms is relevant to his critical view of metaphysics. The present interpretation provides a model for Hegel's explanation of metaphysical concepts, as well as a new picture of the structure of his Science of Logic that emphasizes the priority of its Doctrine of the Concept. (shrink)

Sind die Menschenrechte primär Ausdruck einer politischen Praxis und die Idee der Menschenrechte eine Art „Überbau“, den die Praxis epiphänomenal hervorbringt? Oder ist die Praxis der Menschenrechte das Ergebnis der Verwirklichung einer normativen Idee, die unabhängig von ihr existiert? Ist die Idee der Menschenrechte die Bedingung dafür, dass es die Praxis der Menschenrechte geben kann? Oder gibt es einen Vorrang der Praxis vor der Idee? In meinem Aufsatz argumentiere ich für zwei These: 1. These: Menschenrechte sind prinzipiell unabhängig von jeder (...) bestehenden rechtlichpolitischen Praxis und sind zugleich untrennbar an bestimmte rechtlich-politische Praktiken geknüpft. Darin besteht der konstitutive Widerspruch der Menschenrechte. 2. These: Aus diesem Widerspruch folgt nicht, dass wir aufhören sollten über Menschenrechte nachzudenken und eine Politik der Menschenrechte anzustreben. Der Widerspruch hat keine lähmende Wirkung, sondern ist theoretisch und praktisch produktiv. Um diese Thesen zu plausiblisieren, werde ich zunächst einige Grundzüge von Arendts Diskussion der Menschenrechte rekapitulieren (Abschnitt 2) und ihr Postulat eines den Menschenrechten vorgelagerten „Rechts, Rechte zu haben“ diskutieren (Abschnitt 3). Ausgehend von einer kritischen Diskussion der diskurstheoretischen Weiterentwicklung von Arendts These zu einem „Recht auf Rechtfertigung“ im diskurstheoretischen Konstruktivismus von Seyla Benhabib und Rainer Forst (Abschnitt 4) werde ich einen rechtfertigungstheoretischen Dekonstruktivismus vorstellen, der das Verhältnis von Praxis und Idee der Menschenrechte als produktiven Widerspruch fasst (Abschnitt 5). (shrink)

How does Locke contribute to the development of 18th-century projects for a science of the mind, even though he seems to reject or at least bracket off such an idea himself? Contrary to later understandings of empiricism, Locke goes out of his way to state that his project to investigate and articulate the ‘logic of ideas’ is not a scientific project: “I shall not at present meddle with the Physical consideration of the Mind” (Essay, I.i.2). Locke further specifies that this (...) means his analysis of mental processes will not engage with knowledge of the brain (e.g. in terms of corpuscles and animal spirits), even though he had been the student of Thomas Willis. Now, Kant seemed to make an elementary mistake, given such a clear statement on Locke’s part, when he claimed that Locke’s project was a “physiology of the understanding” (in the Preface to the A edition of the first Critique). One can ask of course what this physiology of the understanding was, and if it existed, in or out of the Lockean intellectual world (as I have sought to investigate in a 2016 paper). This leads me to inquire into the outcome of his empiricism for a scientific treatment of the mind, including in the sense of a ‘naturalization’ of the mind (with implications also for our understanding of empiricism: Anstey’s influential distinction between experimental and speculative philosophy does not seem useful here). Because if Kant made this charge, there were also many 18th-century thinkers who positively treated Locke as their great forerunner in psychology and related fields: Charles Bonnet and Joseph Priestley among them, just as some prominent physicians such as Cabanis claimed to be ‘finishing the job’ that Locke had started in, e.g. their materialist theories of the passions. What one might term ‘the Locke Problem’ here is: how can one reconcile empiricism and claims about cerebral processes, while seeking to remain a Lockean? Differently put, what is the process of naturalization, a naturalization of? (shrink)

Scott Kretchmar recently put forth a new definition of what it is to play a game. Unfortunately, it must be rejected. In this paper, I show that this new definition is far too broad by discussing an activity that is not an instance of playing a game but is wrongfully ruled as one on this new definition.

ABSTRACTThe close connection often cited between Hegel and Wilfrid Sellars is not only said to lie in their common negative challenges to the ‘framework of givenness,’ but also in the positive less...

Locke and Leibniz deny that there are any such beings as ‘monsters’ (anomalies, natural curiosities, wonders, and marvels), for two very different reasons. For Locke, monsters are not ‘natural kinds’: the word ‘monster’ does not individuate any specific class of beings ‘out there’ in the natural world. Monsters depend on our subjective viewpoint. For Leibniz, there are no monsters because we are all parts of the Great Chain of Being. Everything that happens, happens for a reason, including a monstrous birth. (...) But what about materialism? Well, beginning with the anatomical interest into ‘monstrous births’ in the French Académie des Sciences in the first three decades of the eighteenth century, there is a shift away from ‘imaginationist’ claims such as those of Malebranche, that if a woman gives birth to a monstrous child it is a consequence of something she imagined. Anatomists such as Lemery and Winslow try to formulate a strictly mechanical explanation for such events, rejecting moral and metaphysical explanations. Picking up on this work, materialist thinkers like Diderot are compelled to reject the very idea of monsters. We are all material beings produced according to the same mechanisms or laws, some of us are more ‘successful’ products than others, i.e. some live longer than others. In his late Eléments de physiologie he says “L’homme est un effet commun, le monstre un effet rare.” Ultimately he arrives at a materialist version of Leibniz’s position: there are no monsters, we are all monsters in each other’s eyes, at one time or another. This conclusion is a pregnant one in light of twentieth century interest in the problem of ‘the normal and the pathological’ (Canguilhem), and the broader question of how materialism relates to the biological world. (shrink)

While the idea of philosophy as conceptual analysis has attracted many adherents and undergone a number of variations, in general it suffers from an authority problem with two dimensions. First, it is unclear why the analysis of a concept should have objective authority: why explicating what we mean should express how things are. Second, conceptual analysis seems to lack intersubjective authority: why philosophical analysis should apply to more than a parochial group of individuals. I argue that Hegel’s conception of social (...) ontology, focused on his concept of “ethical life” (Sittlichkeit), helps to explain how concepts (and their explication) have both objective and intersubjective authority in the social domain. Hegel claims that modern institutions are the product of self-conscious purposes, so that they are conceptually constituted. Concepts do not just represent these objects and so depend on a contingent relation to them. As many contemporary social ontologists agree, this means that our concepts of these institutions are uniquely epistemically “transparent.” They have objective authority. Concepts have intersubjective authority in the modern world as well, according to Hegel. However, I show that this feature of Hegel’s account does not rely on the solution to a philosophical problem. Rather, since the concepts of modern ethical life are “essentially contested,” their content depends on the practical and political agreement of modern subjects. This means that concepts can only have objective authority if some prior intersubjective agreement has been reached. The role of philosophy as conceptual analysis is thus importantly dependent on political developments. (shrink)

Kant’s formula of universal law (FUL) is standardly understood as a test of the moral permissibility of an agent’s maxim: maxims which pass the test are morally neutral, and so permissible, while those which do not are morally impermissible. In contrast, I argue that the FUL tests whether a maxim is the cause or determining ground of an action at all. According to Kant’s general account of causality, nothing can be a cause of some effect unless there is a law-like (...) relation between the putative cause and effect. Applied to the case of action, no maxim can be the cause of an agent’s action unless there is a law-like relation between maxims of that kind and actions of that kind. The special capacity to act according to maxims as law-like causes is what Kant calls a will; the basic constitutive principle of the will is a non-normative principle I call the categorical declarative. While the actions of a perfectly good will would be described by the categorical declarative alone, human action is determined not only by the causality of the will, but also by competing causes, namely those stemming from inclination. There is thus need for a causal test for putative maxims. The test contained in the FUL is meant to determine whether an action could be grounded solely on the agent’s maxim, or whether it requires a cause external to the will. This account permits one to build eventual distinctions concerning the morality of actions on prior and independent distinctions concerning their causality. (shrink)

We have been accustomed at least since Kant and mainstream history of philosophy to distinguish between the ‘mechanical’ and the ‘teleological’; between a fully mechanistic, quantitative science of Nature exemplified by Newton and a teleological, qualitative approach to living beings ultimately expressed in the concept of ‘organism’ – a purposive entity, or at least an entity possessed of functions. The beauty of this distinction is that it seems to make intuitive sense and to map onto historical and conceptual constellations in (...) medicine, physiology and the related natural -philosophical discussions on the status of the body versus that of the machine. In this presentation I argue that the distinction between mechanism and teleology is imprecise and flawed, on the basis of a series of examples: the presence of ‘functional’ or ‘purposive’ features even in Cartesian physiology; work such as that of Richard Lower’s on animal respiration; the fact that the model of the ‘body-machine’ is not at all a mechanistic reduction of organismic properties to basic physical properties but on the contrary a way of emphasizing the uniqueness of organic life; and the concept of ‘animal economy’ in vitalist medical theory, which I present as a kind of ‘teleo-mechanistic’ concept of organism – neither mechanical nor teleological. (shrink)

In debates between holism and reductionism in biology, from the early 20th century to more recent re-enactments involving genetic reductionism, developmental systems theory, or systems biology, the role of chance – the presence of theories invoking chance as a strong explanatory principle – is hardly ever acknowledged. Conversely, Darwinian models of chance and selection (Dennett 1995, Kupiec 1996, Kupiec 2009) sit awkwardly with reductionist and holistic concepts, which they alternately challenge or approve of. I suggest that the juxtaposition of chance (...) and the holism-reductionism pair (at multiple levels, ontological and methodological, pertaining to the vision of scientific practice as well as to the foundations of a vision of Nature, implicit or explicit) allows the theorist to shed some new light on these perennial tensions in the conceptualisation of Life. (shrink)

Ce livre étudie, à travers une série d'épisodes allant de la philosophie des Lumières à notre époque, le problème du matérialisme dans l'histoire de la philosophie et l’histoire des sciences. Comment comprendre les spécificités de l’histoire du matérialisme, des Lumières à nos jours, au sein de la grande histoire de la philosophie et de l’histoire des sciences ? Quelle est l’actualité de l’opposition classique entre le corps et l’esprit ? Qu’est-ce que le rire ou le rêve peuvent nous apprendre du (...) matérialisme ? En traversant l’histoire de ce concept jusqu’à l’émergence d’un « nouveau matérialisme » contemporain, l’ouvrage vise à revitaliser le matérialisme et sa lecture. -/- . (shrink)

A chapter on the specifically 'medical' Epicureanism of La Mettrie, connecting his materialist approach to mind-body issues and his hedonistic ethics.

There is an enduring story about empiricism, which runs as follows: from Locke onwards to Carnap, empiricism is the doctrine in which raw sense-data are received through the passive mechanism of perception; experience is the effect produced by external reality on the mind or ‘receptors’. Empiricism on this view is the ‘handmaiden’ of experimental natural science, seeking to redefine philosophy and its methods in conformity with the results of modern science. Secondly, there is a story about materialism, popularized initially by (...) Marx and Engels and later restated as standard, ‘textbook’ history of philosophy in the English-speaking world. It portrays materialism as explicitly mechanistic, seeking to reduce the world of qualities, sensations, and purposive behaviour to a quantitative, usually deterministic physical scheme. Building on some recent scholarship, I aim to articulate the contrarian view according to which neither of these stories is true. On the contrary, empiricism turns out to be less ‘science-friendly’ and more concerned with moral matters; materialism reveals itself to be, in at least a large number of cases, a ‘vital’, anti-mechanistic doctrine which focuses on the unique properties of organic beings. This revision of two key philosophical episodes should reveal that our history of early modern philosophy is dependent to a great extent on ‘special interests’, whether positivistic or Kantian, and by extension lead us to rethink the relation and distinction between ‘science’ and ‘philosophy’ in this period. (shrink)

In Book II, chapter xxi of the Essay Concerning Human Understanding, on ‘Power’, Locke presents a radical critique of free will. This is the longest chapter in the Essay, and it is a difficult one, not least since Locke revised it four times without always taking care to ensure that every part cohered with the rest. My interest is to work out a coherent statement of what would today be termed ‘compatibilism’ from this text – namely, a doctrine which seeks (...) to render free will and determinism compatible. By emphasizing the hedonistic dimension of his argument, according to which we are determined by “the most pressing uneasiness” we feel, I show how a deterministic reading is possible. This was seen by Locke’s favorite and also most radical disciple, the deist Anthony Collins, whose treatise A Philosophical Inquiry Concerning Human Liberty (1717) is both a critique of Essay II.xxi and a radicalization of its contents. I argue that Collins articulated a form of determinism which recognizes the specificity of action, thanks in large part to the uniquely ‘volitional’ determinism suggested by Locke. (shrink)

Three separate churches erected in Constantinople were all dedicated to the wisdom of Christ and erected on the same site one after the other. These churches were built between 360 and 537 AD by three different emperors: Constantius II, Theodosius the Younger, and Justinian I. The first two churches were consumed in flames after relatively short lives, but the final and greatest church still stands today, despite a history of extensive damage. This final edifice is the main focus of this (...) paper, owing to its 1500 year longevity and unprecedented architecture. If the entire History of Justinian's church is to considered, it is inaccurate to refer to it as a “church,” because although it remained a church for the first 900 years after its audacious construction, it was later converted into a mosque. Today it is a museum, in remembrance of its long history. (24). (shrink)

The concept of 'social brain‘ is a hybrid, located somewhere in between politically motivated philosophical speculation about the mind and its place in the social world, and recently emerged inquiries into cognition, selfhood, development, etc., returning to some of the founding insights of social psychology but embedding them in a neuroscientific framework. In this paper I try to reconstruct a philosophical tradition for the social brain, a ‗Spinozist‘ tradition which locates the brain within the broader network of relations, including social (...) relations. This tradition runs from Spinoza to Lev Vygotsky in the early 20th century, and on to Gilles Deleuze, Toni Negri and Paolo Virno in recent European philosophy, as a new perspective on the brain. The concept of social brain that is articulated in this reconstruction – some early-20th century Soviet neuropsychologists spoke of socialism and the cortex as being ―on the same path‖ – overcomes distinctions between Continental thought and the philosophy of mind, and possibly gives a new metaphysical framework for social cognition. (shrink)

Is justice (merely) an expression of particular values or is it to be understood as a (universal) cross-cultural standard of validity? Following the ideas of Jacques Derrida, this book provides a new answer to this question: Justice is to be explained as a process of deconstruction. To arrive at this conclusion, I proceed from a critical discussion of Martin Heidegger's approach to social philosophy in Being and Time which I connect with a detailed analysis of the implications of Derrida's writings (...) on practical philosophy aspiring to provide a variety of insights, both critical and constructive, into the cultural and normative foundations of democracy. Thematically, the book bridges the frontiers between the philosophy of law, cultural and social philosophy, ethics and political theory, focusing on fundamental questions of the constitution of normativity, responsibility and justification. In this way, my reading of Heidegger and Derrida aims to shed light on the nature of the political problems that concern our societies today. The file contains the table of contents and the first two (introductory) chapters, the introductions of the remaining chapters, as well as the concluding remarks (in German). (shrink)

Part of the draw of athletics is its straightforwardness. There are nuances to competitions to make them more sporting contests, but at the end of a long jump competition whomever records the longest jump should win. Unfortunately, a recent rule-change at the highest level of the sport – the “Final 3” format – undermined this simplicity for the horizontal jumps and the throws for some of the 2020 and much of the 2021 seasons. While fortunately this rule was largely reverted (...) within days of the initial submission of this paper, it’s still valuable to critically evaluate why such a rule is problematic so as to better understand of the value of sporting competitions and give guidance on future rule changes, be they in athletics or other sports. To that end, we will be drawing from the literature on the purpose and value of competitions and coupling that with simulations based on data from actual top-tier long jump competitions to show that the Final 3 format makes for significantly worse competitions than the standard format. (shrink)

Der Aufsatz beschäftigt sich am Beispiel des deutschen "Kopftuchstreits" mit der rechtlich-politischen Auseinandersetzung um subjektive Rechte innerhalb des liberalen Rechtsstaats. Wie Christoph Menke in seiner Deutung der für den politischen Liberalismus wesentlichen politischen Konflikte gezeigt hat, bezieht sich diese Auseinandersetzung vorrangig auf zwei Fragen: Wer sollte Anspruch darauf genießen, ein politisches Subjekt zu sein, das heißt, als Gleiche oder Gleicher berücksichtigt zu werden? Welche Ansprüche politischer Subjekte könneen als schützenswerte Verwirklichung subjektiver Rechte gelten? Der vorliegende Beitrag beschäftigt sich vorwiegend mit (...) der Frage, wie die politischen Konflikte des letztgenannten Typs auf die rechtliche Auseinandersetzung um Grundrechte abfärben. Damit wende ich mich gegen ein Verständnis der Grundrechte, das diese als Garant der ethischen Neutralität eines liberalen Gemeinwesens ansieht. Ich möchte zeigen, dass der Sinn subjektiver Rechte in der liberalen Demokratie zwar unter anderem genau darin besteht, dass sie partikulare ethische Wertvorstellungen neutralisieren und die Bürgerinnen und Bürger innerhalb eines vernünftigen Rahmens vor Unterdrückung schützen. Wie eine Analyse der Entscheidungen des Bundesverfassungsgerichts (BVerfG) zum "Kopftuchstreit" zeigt, wird diese Funktion aber stets zugleich durch die partikulare Interpretation gleicher Rechte unterminiert. Dies bezeichne ich als die Dekonstruktion der Neutralität, die sich im Recht vollzieht. (shrink)