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This paper is aimed to re-elaborate questions and discuss them rather than presenting answers. It starts with the dialog concerning specific contributions of philosophy of language to Law, followed by the re-elaboration of some yet unanswered problems, as well as the discussion of possible paths for this issue.
In their book Principles of Biomedical Ethics, Tom Beauchamp and James Childress offer an account of bioethics, called “Principlism”, by way of specifying and balancing four clusters of principles.2 These principles are found, as the author state, in a common morality, understood as a set of universally shared moral beliefs.
This paper seeks to introduce the following questions: Does this account of Beauchamp and Childress flow from common morality in a natural way? Can their proposals claim to be endorsed by the authority of common morality? If not, in what way does Principlism contribute to bioethics?
Brazil has one of the worst distributions of income in the world. The wealth of the richest 1% of the population is equal to that of the poorest 50%. Brazil has a greater concentration of wealth than ninety-five percent of the countries on which data is available. In the legal field, tax justice is based on the constitutional principle of the “ability to pay”, according to which taxes should be paid based on the economic capacity of the taxpayer. This principle first appeared in the Brazilian legal order in the 1946 Constitution, was excluded from the texts of 1967/69, and reappeared in § 1 of article 145 of the 1988 Constitution. The aim of this paper is to examine two possible grounds for the ability to pay principle (equal sacrifices and proportional sacrifices) to show how, in Brazil, the interpretations that seek to assign a positive content to the principle are limited to the horizons of a particular form of State associated with the theory of equal sacrifice. This theory for its turn is consistent with a theory of justice, under which no expense or charge levied by the government can alter the distribution of welfare produced by the market. As the application of the ability to pay principle is done within the limits of that horizon, as a consequence, this principle does not play an important role in the issue of reduction of inequality in Brazil.
John Gray is the thinker who has reconstructed the main tenets of ethical pluralism inherent in the work of its initiator - Isaiah Berlin - and pointed to its consequences for political philosophy. In particular he singled out three levels of conflict in ethics identifiable in Berlin’s writings: among the ultimate values belonging to the same morality or code of conduct, among whole ways or styles of life and within goods or values which are themselves internally complex and inherently pluralistic.
It is the third, internal kind of conflict that proves to be the richest in implications.Because it undermines a whole constellation of contemporary liberal doctrines informed by the Kantian-Lockean tradition that conform to the legal paradigm. From the pluralist perspective such monumental theories (e.g. those of Rawls or Dworkin) are no longer sustainable due to the recognition that no ultimate value is immune to the phenomenon of incommensurability. Thus, irresolvable conflicts may also break out within the given regulative value.
Confronting ethical pluralism with general reflection on law has mostly negative consequences. Nevertheless, the incommensurability thesis sheds considerable light on certain legal disputes. This claim will be illustrated by interpreting from the pluralist perspective the controversy over the verdict by the European Tribunal of Human Rights of 3 November 2010 concerning hanging crosses in classrooms.
[D]ieser Veranstaltungstyp [wurde] 1996 etabliert […] und die komparatistisch angelegte Konferenz der Abteilung 2012 [wird] nunmehr zum 17. Mal in Folge ausgerichtet […]. Über den Kreis der 15 Referenten hinaus war sie mit etwa 120 aktiv mitdiskutierenden Teilnehmern gut besucht. Thematisch orientiert sich die Konferenz jeweils an einem Semesterkurs, den die Studierenden der am Department angebotenen Master‐Studiengänge (Deutsch, Französisch, Spanisch, Italienisch) durchlaufen.
The aim of this paper is to give a unified account of the way that German demonstrative pronouns (henceforth: D-pronouns) like der, die and das behave (a) in sentences where they receive a coreferential interpretation, and (b) in sentences where they receive a covarying interpretation because they are in some way dependent on a quantificational expression – either via direct binding or indirectly, because the value they receive varies with the value that is assigned to the variable bound by an indefinite determiner.
The increase in the volume of litigation verified since the 1990’s, having the Brazilian society as context, made the judiciary open itself to new technologies which facilitate the access to justice, as well as to a faster resolution of the demands. However, the intense insertion of technical rationalization in the process and decision operations by the judiciary, during the last years, led to a legalization supported by presuppositions of technical-instrumental regulation. According to the goal policy established by the CNJ, the annoyance of the instrumental rationality is present “with respect to purposes”, which demands, more and more, a mere fulfillment of previously instituted goals from the law operators. The matter is to know if the implementation of new technologies to solve the growing litigation coming from the complexity of societies is enough to adjust the Law to a post-conventional platform. If the social complexity implies resources coming from new technologies, it’s not certain that such technologies, on their own, satisfactorily answer a judicial model which, seen under the eyes of the post- conventional legitimacy and regulation, is adequate to complex societies. This illustrates that a judicial model, able to deal with the social plurality, must take into account not only the rules of instrumental rationality, but also the fundamental issues of communicative rationality. This current work intends to evaluate if the applicability of the instrumental rationality in the judiciary equally allows the law to extent the useful conditions of the communicative rationality to the consensual formation of will and opinion in the Democratic State of Law.
The Brazilian Constitution of 1988 declares Brazil as a Democratic State of Law. This formally democratic legal status has been facing difficulties when it comes to its material implementation. Brazilian legal procedures are still greatly influenced by the catholic heritage from Portugal in the times of colonization, translated in the present times into a strong moral set of dogmas that still reflects upon the legal production and interpretation in the country. Recently in Brazil, a debate brought to the Supremo Tribunal Federal, the Brazilian Federal Supreme Court, has evidenced the struggle between Ethics and Morality in the country’s legal scenario. The focus of the discussion was the possibility of abortion of anencephalic fetuses (in Brazil, abortion in considered a crime against life). In order to properly ground its decision, the Court invited scientists, doctors, members of feminist movements and representatives of certain religions to a public dialogue, in which both scientific-technical and purely moral-religious arguments were presented. Although these procedures encouraged and promoted a democratic and pluralistic legal debate, it seems like the crucial point of the discussion were not taken into account: the scientific character of Law. This is the object of the present manuscript: in order to ensure an intersubjective construction and application of Law, this must be perceived as an Applied Social Science and judges, lawyers, legislators and all other legal actors must proceed in a scientific way. To illustrate the theme, the specific case of abortion of anencephalic fetuses will be mentioned through the text.
A discussion regarding the complex relationship that exists between the concepts of efficiency and justice goes a long way back and raises several relevant arguments. One of them, and it must be rejected in advance, is that justice is in the realm of public law, while efficiency in that of private law. Is it unacceptable that the balance between public and private law leads to the belief of a divided legal system; one system, one set of laws, one legal system. Legislators and judges are responsible for determining a balance and no theory can postulate that the balance will always be found with a simple cut between public and private law to distinguish when the criterion should be justice or when it should be efficiency. It is reductionist to confine the discussion to single goals of efficiency and justice, when human dignity and human rights should also be considered when one is discussing law. Moreover, a discussion limited to only the concepts of justice and efficiency, relies on a belief that the terms are mutually exclusive. Posner has said that the economic analysis of law has limits and philosophy of law plays an extremely important role in this discourse, which must be interdisciplinary. There can be no goal other than the realization of human rights and there can be no justice if not shared by all of mankind.
The very idea of the European Convention on Human Rights is to bring the laws of contracting states into line with fundamental human rights principles. Where the Convention is not explicit, the Court should never rule restrictively so as to reduce the scope of a general right. In the case of homeschooling, the Convention sets forth the general principle that “the state shall respect the right of parents to ensure such education and teaching in conformity with their own religious and philosophical convictions.” It must not, therefore, allow a contracting state to eliminate a means of achieving this desired by parents—unless the state can show that the means in question is ineffective.
In his new book, R. Dworkin advocates the unity of values thesis. He wants to circumscribe morality as a proper epistemological domain which is methodologically different from scientific inquiry. The epistemological independence of morality is supposed to be a consequence of the irreducible fact/value dichotomy. This paper sustains that unity of values thesis is methodologically correct; all moral reasoning must be a constructive interpretation of its meaning. However, that author fails to recognize that not every axiological interpretation implies moral consequences. From H. Putnam’s pragmatic realism, this paper intends to demonstrate that much of scientific inquiry relies on values interpretation, and that this kind of reasoning is morally neutral. Finally, it should be clear that epistemological choices in legal positivism – e.g. the decision on which aspects of social interaction are theoretically relevant – should not disturb the soundness of its argument nor should it be read as if it had moral implications. This paper concludes that positivist theories cannot be ruled out. Since the choice between descriptive and interpretative models requires a circular justification, legal theory is itself an activity governed by epistemic values interpretation. Likewise natural sciences, it can only be understood from an internal perspective. Accordingly, inclusive positivism holds the advantage of being more consilient than interpretivism, which is arguably parochial.
I will discuss issues which can be seen as taken strictly from the science fiction literature. Nonetheless, I would like to demonstrate that those issues not so far from now will have a big influence on the ethical discourse and also the law and social philosophy. The first part aims at clarifying concept of “cyborg” and “cyborgization”. I will consider only meanings coined for scientific or philosophical purposes. I will also indicate two experiments, which bring to life “the first cyborg” – term in which the head-scientist of these experiments used to describe his effects. In the second part I will show ideas of transhumanists in the context of technological achievements mentioned earlier. I will concentrate on the human enhancement idea, underling majority of transhumanist’s branches. I will try to demonstrate that it is realistic concept. In the third part I will shift my attention to some of consequences which flow from “cyborgisation” and human enhancements mentioned in prior parts. I will present two rights seen by transhumanist’s philosophers as able to become human rights in the near future. In these frames I will consider the “morphological freedom” and the “cognitive liberty”. At the end, in the fourth part I will summarize my considerations about the influence of semi-fictitious technologies. I will try to bring on an unambiguous conclusion that aforesaid issues could in the nearest future become very substantial for every area of the theory and policy of law.
The author will deal with the relationship between law and technology from the viewpoint of technology security standard. One of the relationships can be found in that law has been providing a security level of technology. They have been saying that law would often follow technology. Law is too slow to adapt the changing technology through the advancement of technology. Above all, information technology has an electronic rapidity and a legislation technology has a paper one. There might be a big estrangement between law and technology. However, law must provide a security standard of technology. The standard must be based on a relative security level. The relative level would premise on the ordinary, lawful and ethical use of technology. Most technology has been opened to the public without any technology impact assessment. Technology would have some defect, which the producers have overlooked. As a result, the users might often meet with the accidents caused on the defects.
Then law should provide a technology security standard to exclude the defects from the users’ viewpoint as secure as possible. The security standard must be reflected on the architecture standard of technology. The architecture standard may be a yardstick whether the creators can evade the responsibility for the accidents.
The standard would also premise on the ordinary, lawful and ethical use of technology. The ordinary use means that the users should use normally technology within the extent of the architecture standard. The ethical use means that the users should use technology being conscious of the defects in order to avoid accidents.
The relative security level may be the sum of the architecture standard and the ethical use of technology.
Civil Society became an important theme in the recent discussion of political or social theory. Civil Society is playing a substantial role for the legislation process. We can find it especially in the activities of international NGO. It gives a new aspect of the relationship between state and society, and legal philosophically speaking, of validity of law. Activities of Civil Society are socially recognized and their support systems are gradually institutionalized also domestic in Japan. But Japanese NPO has its own weak point, which arises from the political structure of our society.
Scientific and technical achievements can cause deep changes in spheres of morals and law. I am going to discuss some philosophical conclusions which follow from two significant ideas of contemporary civilization. First of them is a thesis about indistinguishability of natural from artificial, and the second one is an opportunity of creation of artificial human.
The first thesis is a consequence of the principle of relativity of physical reality to conditions and a way of observation, on which both interpretations of quantum theory and Einstein’s theories of relativity are based. I show that the given principle deprives us of objective criteria to distinguish natural from artificial, freedom from necessity, freedom from violence.
Today power of technique is directed not only on the external world, but also on a person. Due to information technology, and biotechnology an opportunity of creation of artificial and controlled individual increases. So human loses many features of a person and transforms to a part of a collective super individual subject. In modern time a search of the transcendental basis of law and power leads to impersonal human and recognition of super individuality.
Traditional belief about natural rights will disappear. There is necessity of revision of such concept as right of freedom. Liberal belief about freedom as a condition of human existence is changing. Prospects of technical development make justified R. Dworkin's reflections about superiority of right of equality in comparison with right of freedom.
The requalification of Habermas’ discussions on political philosophy and legal theory after the publication of Zwischen Naturalismus und Religion (2005), and his most recent texts and debates on religion and the public sphere, suggest a revision of the Habermasian theory of rationalization as it was firstly presented in Theorie des Kommunikativen Handelns (1982), especially on what concerns the processes of dessacralization and the linguistification of religious authority. In search of contributing to this revision, this paper intends to focus on the problem of a supposedly “lost” aesthetic-expressive understanding of religious authority in Habermas’s theory of rationalization, which may have contributed to a theory of law in Faktizität und Geltung (1992) that does not give satisfactory account to the aesthetical-expressive character of the modern understanding of legal authority. A better understanding of this special character, however, may contribute not only to the avoidance of fundamentalisms and new attempts of “aesthetization of politics”, but also to a rational strengthening of the solidarity of the citizens of democratic constitutional states.
This paper aims to discuss in which sense public hearings in supreme courts of democratic rules of law can be seen as proceduralization of popular sovereignty policies. These policies constitute expressions of a normative claim for a wider “publicization of law” by democratic states’ institutional powers and organs; a claim that becomes evident when one undertakes an intersubjective interpretation of law. This theoretical argument will be presented in the first section of the paper through a new articulation of Jürgen Habermas’ discursive theory of law and his most recent studies on the concept of political public sphere. The theoretical section gives normative and procedural criteria for the second section of the paper, which consists on a critical analysis of the procedures and practical cases of public hearings held at the Brazilian Supreme Court, constituting the first scientific study to date on the Court’s use of this legal instrument.
Since the XIX century, a pleiad of philosophers and historians support the idea that Greek philosophy, usually reported to have started with the presocratics, lays its basis in a previous moment: the Greek myths – systematized by Homer and Hesiod – and the Greek arts, in particular the lyric and tragedy literature. According to this, it is important to retrieve philosophical elements even before the pre-Socratics to understand the genesis of specific concepts in Philosophy of Law. Besides, assuming that the Western’s core values are inherited from Ancient Greece, it is essential to recuperate the basis of our own justice idea, through the Greek myths and tragedy literature. As a case study, this paper aims on the comparison of two key-works, each one representing a phase of the Greek tragedy: The Orestea, by Aeschylus, and Orestes, by Euripides. Both contain the same story, telling how the Greeks understood the necessity of solving their conflicts not by blood revenge, but through a political way, and also the political drama. Although, in Aeschylus’s one, men still leashed by their fate, while the gods play a major role, in order to punish human pride (hybris). In a different way, on Euripides’s work men face their own loneliness, in a world fulfilled with gods, each one demanding divergent actions. That represents a necessary moment to the flourishing freedom and human subjectivity, and, once the exterior divinity is unable to resolve human problems, men will need to discover their interior divinity: that is how the Philosophy emerges.
Dworkin`s political theory is characterized by the interpretative integrity of morality, law, and politics, the so-called “hedgehog’s approach”. The interpretative integrity approach functions on multiple levels. Firstly, philosophical foundations of his theory of justice are linked to his conception of just liberal society and state. Secondly, from the perspective of political morality, interpretative concepts of law and morality are internally connected, in addition to interpretative concepts of equality, liberty, and democracy. Thirdly, from the perspective of philosophical foundations, individual ethics, personal morality and political morality are mutually connected. The aforementioned ethical and moral foundations are also related – in a wider sense of philosophical foundations - with his gnoseological conception regarding value concepts in law, politics and morality, and with his episthemological conception regarding an objective truth in the field of values, in a sense that the value concepts are interpretative and can be objectively true when articulated in accordance with methodological rules and standards of a »reflexive equilibrium« and an interpretative integrity, and in accordance with the so-called internal scepticism in the context of value pluralism.
The term “ethics” in a “narrower” sense refers to individual ethics, the study of how to live well, while the “ethics” in a “broader” sense refers to personal morality, the study of how we must treat other people. The term “morality” however, is used primarily to denote a political morality, the issue of how a sovereign power should treat its citizens.
Philosophical foundations of Dworkin`s political theory of justice, his conception of two cardinal values of humanity, his concievement of individual ethics, personal morality and political morality will be in the focus of consideration.
Although their applications have not yet extended widely due to their incipient state, nano-technologies and nano-medicines may be presumed to be at the origin of the next great technological revolution, foreseeably contributing to a new stage with respect to evolutions in mankind’s progress. Their possibilities are truly immense in enormously varied spheres, but the risks and uncertainties they engender are enormous too. Because access and use of the unceasingly increasing mega-quantity of information they generate will place further strain on the protection of personal life, privacy, the exercise of freedom, as well as the safeguarding of other fundamental principles and rights.
The results of the microscopic transport calculations of -nucleus interactions within a GiBUU model are presented. The dominating mechanism of hyperon production is the strangeness exchange processes → γπ and → ΞK. The calculated rapidity spectra of Ξ hyperons are significantly shifted to forward rapidities with respect to the spectra of S = −1 hyperons. We argue that this shift should be a sensitive test for the possible exotic mechanisms of -nucleus annihilation. The production of the double Λ-hypernuclei by Ξ− interaction with a secondary target is calculated.
Open Online Courses als Kursformat? Konzept und Ergebnisse des Kurses "Zukunft des Lernens" 2011
(2012)
2011 starteten studiumdigitale, die zentrale eLearning-Einrichtung der Universität Frankfurt/M, und der Weiterbildungsblogger Jochen Robes den ersten deutschsprachigen Open Online Course unter dem Titel „Die Zukunft des Lernens“1. In 14 Wochen wurden in wöchentlichem Rhythmus 14 Themen behandelt, die sich rund um den Einsatz verschiedener Technologien in Bildungsprozessen und auch das Kursformat selbst drehten. Dieser Beitrag stellt die Bezüge des Open Online Courses zu seiner Herkunft und den ersten Kursen dieser Art in Kanada und USA her, bezieht sich auf die theoretischen und konzeptionellen Fundierungen dieses Ansatzes und stellt die Ergebnisse aus dem Kursverlauf und der abschließenden Befragung der Teilnehmenden vor.
Open Online Course als Kursformat? : Konzept und Ergebnisse des Kurses "Zukunft des Lernens" 2011
(2012)
Basierend auf dem Konzept des Connectivismus entwickelte sich in den letzten fünf bis sechs Jahren ein neues offenes Kursformat: die Open Online Courses, die als so genannte MOOCs (Massive Open Online Courses) teilweise bis über 100.000 Teilnehmende anzogen. In dem Beitrag wird mit Bezug auf die konzeptionellen Ursprünge im Connectivismus das Format der Open Online Courses erläutert und Erfahrungen aus dem ersten deutschsprachigen Kurs dieser Art beschrieben, dem Kurs „Zukunft des Lernens“, den im Sommer 2011 studiumdigitale, die zentrale E-Learning-Einrichtung der Universität Frankfurt, der Weiterbildungsblogger Jochen Robes in Kooperation mit der GMW und dem Zentrum für Lehrerbildung der Universität durchführten. Der Kurs zog ca. 900 Interessierte an, die sich in verschiedenen online Medien beteiligten. Der Beitrag beschreibt den Kursverlauf, gibt einen Überblick über technische Umsetzung und Betreuungsformen und stellt neben Betrachtungen zum Transfer die Ergebnisse aus der Teilnehmerbefragung vor.
Legal practitioners and legal scientists need to have knowledge of the general rules that apply in the legal system. This involves both knowledge of the legislation and knowledge of the decisions by judges that function as general rules of law. Law students preparing themselves for the legal profession need to acquire these kinds of knowledge. A student has to have knowledge about where to look for decisions, understand the structure of decisions and learn to determine what makes a decision relevant to the body of applicable rules in the legal system. Legal education primarily aims at acquiring insight in the legal sources, their history and background. This basic knowledge is of great importance; legal problem solving is hardly possible without an understanding of the legal knowledge. To illustrate the use of this knowledge in practice, teachers work through decisions as examples. However, it is difficult, if not impossible, to learn by explanation or by imitation alone. A more effective way to obtain expertise is by actually performing the task, i.e. students should do the exercises, while the teacher provides feedback on their solutions. For effective learning, also the solution process should be monitored and provided with feedback. Furthermore it is desirable for students to be able to ask for help at any time during the process. They should also be able to practice over and over again. An ideal situation would have a teacher available for every student, monitoring the student while practicing and providing support where and whenever necessary. However, this being not practically feasible, the second best option is to offer the student electronic support.
CASE (Case Analysis and Structuring Environment) is an environment where a law student can practice with finding decisions, with structuring its text and with analysing the decision in order to be able to determine in what way it adds to the body of applicable rules in the legal system.
CASE is developed using a principled and structured design approach. A short description of this approach is followed by an analysis of the learning task, the difficulties law students experience and the remedies proposed on the basis of both the task analysis and the stated difficulties. This is followed by a description of architecture, functionality, platform and implementation of CASE and a description of a session with CASE and future work.
In the intersection between law, science and technology lies the debate on the overcoming of the boundaries of the biological structure of the human being and its implications on the idea of human rights, on the concept of person and on the conception of equality – being the latter a fundamental tenet of a democracy.
Posthumanism assumes a biological inadequacy of the human body regarding the quantity, complexity and quality of information which it can muster. The same occurs with the needs of accuracy, speed or strength demanded by the contemporary environment. Under such perspective, the body is considered to be an inefficient structure, with a short lifespan, easy to break and hard to fix.
The body, always seen as the locus for the definition of human, emerges as the object of a commodification process that seeks to exonerate men from their burden - by declination towards a virtual existence, totally free and rational - or to enhance them with bionic devices or drugs.
This issue has already been the subject of attention by many scholars like Savulescu, Rodotà, Broston, Fukuyama and even Habermas.
Therefore, the aim of this paper is to seek, by criticism and revision of the positions on the foreseen problems of this process, an adequate theoretical approach on issues like the concept of person and its connection with the idea of human rights in order to promote the fundamental statement that all men are equal without disregard to the values of diversity and personal identity.
In this article the author, in the context of the fiftieth anniversary of H.L.A. Hart’s “The Concept of Law”, reconsiders the moderate indeterminacy of law thesis, which derives from the open texture of language. For that purpose, he intends: first, to analyze Hart’s moderate indeterminacy thesis, i.e. determinacy in “easy cases” and indeterminacy in “hard cases”, which resembles Aristotle’s "doctrine of the mean"; second, to criticize his moderate indeterminacy thesis as failing to embody the virtues of a center in between the vices of the extremes, by insisting that the exercise of discretion required constitutes an “interstitial” legislation; and, third, to reorganize an argument for a truly “mean” position, which requires a form of weak interpretative discretion, instead of a strong legislative discretion.
The paper is concerned with the Hartian idea that the justification of law’s normativity can be traced back to the exquisite social fact, viz. special kind of social convention. After discussing the view that the rule of recognition is a coordinative convention A. Marmor’s idea of constitutive convention is introduced. Relying on J. Dickson’s brilliant enquiry I finally argue that this latter idea is deprieved of any explanatory power, which was pressuposed by H.L.A. Hart when he himself reffered to the conventional rule of recognition as social fact having full normative significance.
The concept of biopolitics has its origin on the Michel Foucault works developped since 1975 to 1979. In this period, the author introduced the foundations for a new approach about the modern government, based in both crescent enpowerment on individuals and the control of populations. The theme has attracted the attentions of some critical political studies, with many practical uses. However, I believe there is not enough consolidation about biopolitics as a concept and a comprehensive theory of the new political mechanisms. This uncertainness is more evident when the very role of Law is questioned in a biopolitical model, due to the archaic nature that Foucault gives to it. So the aim of the paper is to identify the theorical comprehension of biopolitics in a contemporary author as Giorgio Agamben to demonstrate his oppositions and proximities from the original idea of Michel Foucault. I propose that Agamben has the same difficulties of Foucault to deal with legal theory and Law inside biopolitics. Nevertheless, after a critical review on the works of this two authors, my conclusion is that a settlement of the concepts of Law and biopolitics depends of the surpassing of the Foucaldian version of Law as sovereignity, a clear delimitation of a common core between the authors and their differences and the research and affirmation of the concept of Law in Agamben, more well-refined than Foucault's one.
Communist regimes in general and especially the one in Albania destroyed almost every aspect of political, social, cultural and economic life, including the notion of pluralism and intellectual elite of the country. In Albania, the transition into democracy in 90’ was done through extrication which means that the authoritarian government was weakened, but not as thoroughly as in a transition by defeat. As a consequence, the former Communist elite was able to negotiate crucial features of the transition and was very quickly transformed into the new pluralist political class. This position enabled the communist elite to be rehabilitated and together with the new emerged communist elite to remain a strong influential actor in new emerged democracy and de facto to run in continuance the country. The purpose of the new emerged communist elite to maintain control was favored inter alia by the absence of a new strong intellectual elite and was done merely by sharing the power among its members divided into different political parties and also by using the ‘pluralist’ law as a tool for social control over new emerging intellectual elites. The use of law as a tool for social control by the political class has severely damaged people's understanding and expectations on the law, its relations with the state as well as international community. Indeed, such experience of the use of law by the political class for its own narrow interests, has made people lose confidence in law and state as well as has severely weakened the law enforcement in the country. To conclude, the overall purpose of this paper would be the analysis of law in general and its understandings and development in a post-communist society such as Albania from different points of view.
This paper traces the development of National Socialist cultural and legal policy towards the arts. It examines the role of censure in this development starting with Hitler's first attempts at power in the Weimar republic. It then looks more closely into aspects of the development of new policies in and after 1933 and their implementation in institutions of the totalitarian state. As the paper shows, policies were carried out within a legal framework that included parliament and constitutional law but they were often also accompanied by aggressive political actions. Racial and nationalistic ideologies were at the heart of the National Socialist discourse about culture. This discourse quickly established modernity as its principal enemy and saw modernist culture (in the broad sense of the word), and especially art criticism, as being under Jewish domination. True German Kultur was set against this; Hitler himself promoted German art both through exhibitions and through policies which included the removal of un-German art and the exclusion of writers and artists who did not conform the cultural ideal. As Jewish artists and intellectuals in modernist culture posed the greatest threat to the establishment of a new German culture, Nazi policies towards the arts embarked on a process of censure, exclusion and annihilation. The purpose of these policies was nothing less than the elimination of all modernist (Jewish and ‘degenerate’) culture and any memory of it.
To become self-reflexive, Jurisprudence must to establish a dialogue: the human sciences should lose their exotic character in the eyes of Legal Science. It is in the middle between the "order" and the thinking about it, where the "naked experience" happens, that culture and therefore Law builds itself e it is constructed. This paper demonstrates the need to use other human sciences, with emphasis on anthropology, as "methodological strategies" for Jurisprudence self-reflection to become more faithful to the reality of the researched object. Anthropology has the power to show what is "anti-modern". It questions the intellectual space of modernity where the hard definition of antagonisms detached from reality occurs - West/East, “I”/other, civilized/barbarian. Jurisprudence consolidates antagonisms: the diversity and plurality of human societies are rarely seen as a fact but as an aberration, always demanding a justification. It is necessary to create a methodology using what is most extraordinary and human in the analysis of fact: "Anthopological Blues". Anthropology is capable of breaking with the classical conception of scientific methodology that is based on stiffness to produce absolute truths and also support the fulfillment of legal concepts with content and meaning, providing a reinterpretation of science as a human instrument of intervention on reality.
Axiomatic method and the law
(2012)
Until three years ago, ICT Technologies represented a main “subordinate clause” within the “grammar” of Participatory Budgeting (PB), the tool made famous by the experience of Porto Alegre and today expanded to more than 1400 cities across the planet. In fact, PB – born to enhance deliberation and exchanges among citizens and local institutions – has long looked at ICTS as a sort of “pollution factor” which could be useful to foster transparency and to support the spreading of information but could also lead to a lowering in quality of public discussion, turning its “instantaneity” into “immediatism,” and its “time-saving accessibility” into “reductionism” and laziness in facing the complexity of public decision-making through citizens’ participation. At the same time, ICTs often regarded Participatory Budgeting as a tool that was too-complex and too-charged with ideology to cooperate with. But in the last three years, the barriers which prevented ICTs and Participatory Budgeting to establish a constructive dialogue started to shrink thanks to several experiences which demonstrated that technologies can help overcome some “cognitive injustices” if not just used as a means to “make simpler” the organization of participatory processes and to bring “larger numbers” of intervenients to the process. In fact, ICTs could be valorized as a space adding “diversity” to the processes and increasing outreach capacity. Paradoxically, the experiences helping to overcome the mutual skepticism between ICTs and PB did not come from the centre of the Global North, but were implemented in peripheral or semiperipheral countries (Democratic Republic of Congo, Brazil, Dominican Republic and Portugal in Europe), sometimes in cities where the “digital divide” is still high (at least in terms of Internet connections) and a significant part of the population lives in informal settlements and/or areas with low indicators of “connection.” Somehow, these experiences were able to demystify the “scary monolithicism” of ICTs, showing that some instruments (like mobile phones, and especially the use of SMS text messaging) could grant a higher degree of connectivity, diffusion and accountability, while other dimensions (which could risk jeopardizing social inclusion) could be minimized through creativity. The paper tries to depict a possible panorama of collaboration for the near future, starting from descriptions of some of the above mentioned “turning-point” experiences – both in the Global North as well as in the Global South.
Meeting abstract : Deutscher Kongress für Orthopädie und Unfallchirurgie (DKOU 2012), 23.10.-26.10.2012, Berlin.
Fragestellung: Die Behandlung langstreckiger Knochendefekte ist eine große Herausforderung. Die Masquelet-Technik zur Behandlung solcher Defekte ist eine zweizeitige Operationstechnik. Zuerst erfolgt die Insertion eines PMMA (Polymethylmethacrylat)-Zementspacers in den Knochendefekt, der die Bildung einer Membran induziert. Diese Membran enthält Wachstumsfaktoren und regenerative Zellen, die möglicherweise die Knochenheilung unterstützen. Nach einigen Wochen wird der Zementspacer entfernt und der induzierte Membranschlauch mit Beckenkammspongiosa aufgefüllt. Im weiteren Verlauf kommt es zu einer kompletten Knochenheilung. Ziele dieser Untersuchung waren die Etablierung der Masquelettechnik am Rattenmodell und die Definition eines Zeitpunkts, an welchem die Membran eine ausreichende Festigkeit sowie einen signifikanten Gehalt von Vorläuferzellen aufweist.
Methodik: Nach Genehmigung der Experimente wurden die Femura von 24 männlichen SD-Ratten osteotomiert. Die Lücke (10 mm) wurde mit PMMA-Zement aufgefüllt und mittels Miniplatte stabilisiert. Parallel wurden den Versuchstieren gleich große PMMA-Spacer subcutan unter die Rückenhaut implantiert. Nach 2, 4, bzw. 6 Wochen (W) erfolgte die Entnahme der Membranen. Ein Teil der Membran wurde für (immun)histologische Untersuchungen aufbereitet (CD34, vWF, van Giesson), ein Teil für die in vitro Kultur. Auswachsende Vorläuferzellen in vitro wurden über CD34 und STRO-1-Färbung nachgewiesen. Statistik: Mediane, Kruskal-Wallis-Test, p<0,05 ist signifikant.
Ergebnisse und Schlussfolgerungen: Im zeitlichen Verlauf nahmen die Vaskularisierung (vWF-positive Fläche [%]: 2 W: 1,8; 4 W:1.6 vs 6 W: 6,4), die Dicke der Membran ([µm]: 2 W: 350 vs 4W: 517, 6 W: 592) und der Bindegewebsanteil ([µm]: 2W: 201 vs 4W: 324, 6W: 404) signifikant zu. Der Hauptanteil elastischer Fasern war auf der dem Zement zugewandten Seite, Vaskularisierung war eher auf der Weichteil zugewandten Seite zu finden. Der Anteil CD34 positiver Zellen nahm signifikant ab (2W: 5%, 4 W: 4% vs 6 W: 1%). Auswachsende STRO-1 positive Zellen konnten nur in zweiwöchigen Membranen nachgewiesen werden. Ältere Membranen wiesen einen zunehmenden Anteil seneszenter Zellen auf. Subcutan induzierte Membranen waren vergleichbar, wiesen jedoch tendentiell eine geringere Dicke und keine STRO-1 positiven Zellen auf.
Mit dieser Studie wurde erstmalig die Induktion einer Membran nach Masquelet im Rattenmodell etabliert. Es konnte nachgewiesen werden, dass der strukturelle Aufbau sowie die zellulären Komponenten zeitlichen Änderungen unterliegen und der Ort der Induktion Einfluss auf die zellulären Komponenten der Membran hat. Junge Membranen (2W) enthielten CD34 und STRO-1 positive Zellen. 4W-Membranen enthielten nur CD34 positive Zellen wiesen aber einen signifikanten Bindegewebsanteil auf, der für eine erhöhte mechanische Stabilität spricht. Ob 2 bzw. 4 Wochen alte Membranen den Knochenheilungsprozess fördern, muss in weiterführenden Studien untersucht werden.
Wir leben in einer Welt voller Bilder. Unser Denken funktioniert in Bildern, die menschliche Kommunikation bedient sich verschiedener Sprachbilder und das mediale Zeitalter überrollt uns mit einer wahren Flut aus bewegten und unbewegten Bildern. Die Moderne greift dabei nicht nur auf den reichen Bilderschatz vergangener Jahrhunderte zurück, sondern es werden auch traditionelle Motive variiert, verändert und verworfen. Das ursprüngliche Bild wird ergänzt durch Gegenbilder und Alternativkonzepte. Letztlich ringen sie alle, Bilder und ihre Gegenbilder, um die Deutungshoheit. Die Veranstalter Corina Erk, M.A., und Christoph Naumann, M.A., eröffneten als Promovierendenvertreter der Bamberger Graduiertenschule für Literatur, Kultur und Medien den Workshop „Gegenbilder – literarisch/filmisch/fotografisch“ und stellten das anspruchsvolle Tagungsprogramm vor, das sich in fünf Sektionen gliederte. Jedes Panel näherte sich aus einer anderen Perspektive dem Themenbündel „Gegenbild“ an.
Um den vielfältigen und komplexen Wechselbeziehungen zwischen Literatur und Architektur nachzugehen, versammelte die School of Language & Literature des Freiburg Institute for Advanced Studies (FRIAS) unter Federführung von Dr. Robert Krause und Jun.‐Prof. Dr. Evi Zemanek Wissenschaftler aus philologischen und kunsthistorischen Disziplinen zu einer dreitägigen Tagung (1.‐3. Dezember 2011). Die Breite der Annäherungen an die „Baukunst (in) der Literatur“, wie sie sich in den Vorträgen abzeichnete, verdeutlichte nicht nur, wie stark das – selbst mit dem 'spatial turn' – nicht unbedingt systematisch perspektivierte Forschungsfeld sich unabhängig und dezentral ausdifferenziert hat sondern auch inwiefern ein endliches Zusammentreffen versierter Forscher längst überfällig gewesen ist.
Abstract of the German original article “Rechtssubjekte und Teilrechtssubjekte des elektronischen Geschäftsverkehrs“, to be published in S. Beck (ed.): Jenseits von Mensch und Maschine: Moralische und rechtliche Aspekte des Umgangs mit Robotern, Künstlicher Intelligenz und Cyborgs. Baden-Baden: Nomos, 2012.
Die Rassenmischung bekam in der Entwicklung der Sozialwissenschaften in Brasilien immer wieder neue Bedeutungen, um sich an jeden politischen Zusammenhang anzupassen. Sie wurde von den Männern des Wissens als Problem und später als Lösung angesehen – nämlich durch die Aufhellung – gemäß der evolutionären Rassentheorien Ende des 19. Jahrhunderts. Aber vor allem in den 1930er Jahren betrachteten einige Intellektuelle Brasiliens, wie Gilberto Freyre, die Mischung der drei Rassen, die das Volk Brasiliens bilden, als Bestandteil der Nation. Eine solche Vorstellung brachte juristische und politische, manchmal unmerkliche Folgen für den Platz des Mischlings innerhalb der brasilianischen Gesellschaft. Dieser wird als Notausstieg Mulatte nach Carl Degler oder als epistemologisches Hindernis nach Eduardo de Oliveira e Oliveira verstanden. Der Zweck dieser Arbeit besteht darin, aufzuzeigen, inwiefern jene Tradition eine tiefe Auseinandersetzung verbirgt und wie sie juristische Auswirkungen in der Gegenwart hervorruft, z.B. in Bezug auf die Debatte über Rassenquoten an öffentlichen Universitäten.
We explore the phase diagram of two flavour QCD at vanishing chemical potential using dynamical O(a)-improved Wilson quarks. In the approach to the chiral limit we use lattices with a temporal extent of Nt = 16 and spatial extent L = 32;48 and 64 to enable the extrapolation to the thermodynamic limit with small discretisation effects. In addition to an update on the scans at constant k, reported earlier, we present first results from scans along lines of constant physics at a pion mass of 290 MeV.We probe the transition using the Polyakov loop and the chiral condensate, as well as spectroscopic observables such as screening masses.
This is the Proceedings of the "International Conference on Motivation 2012" carried out by the Special Interest Group "Motivation and Emotion" of the European Association for Research on Learning and Instruction (EARLI) in cooperation with the German Institute for International Educational Research (DIPF) and the Goethe University Frankfurt. (DIPF/author).
A 5-gap timing RPC equipped with patterned electrodes coupled to both charge-sensitive and timing circuits yields a time accuracy of 77 ps along with a position accuracy of 38 μm. These results were obtained by calculating the straight-line fit residuals to the positions provided by a 3-layer telescope made out of identical detectors, detecting almost perpendicular cosmic-ray muons. The device may be useful for particle identification by time-of-flight, where simultaneous measurements of trajectory and time are necessary.
The influence of an ac current of arbitrary amplitude and frequency on the mixed-state dc-voltage-ac-drive tiltingratchet response of a superconducting film with uniaxial cosine pinning potential at finite temperature is theoretically investigated. The results are obtained in the single-vortex approximation, within the frame of an exact solution of the Langevin equation for non-interacting vortices. Both experimentally achievable, the dc ratchet response and absorbed ac power are predicted to demonstrate a pronounced filter-like behavior at microwave frequencies. Based on our findings, we propose a cut-off filter and discuss its operating curves as functions of the driving parameters, i.e, ac amplitude, frequency, and dc bias. The predicted results can be examined, e.g, on superconducting films with a washboard pinning potential landscape.
One-photon and multi-photon absorption, spontaneous and stimulated photon emission, resonance Raman scattering and electron transfer are important molecular processes that commonly involve combined vibrational-electronic (vibronic) transitions. The corresponding vibronic transition profiles in the energy domain are usually determined by Franck-Condon factors (FCFs), the squared norm of overlap integrals between vibrational wavefunctions of different electronic states. FC profiles are typically highly congested for large molecular systems and the spectra usually become not well-resolvable at elevated temperatures. The (theoretical) analyses of such spectra are even more difficult when vibrational mode mixing (Duschinsky) effects are significant, because contributions from different modes are in general not separable, even within the harmonic approximation. A few decades ago Doktorov, Malkin and Man'ko [1979 J. Mol. Spectrosc. 77, 178] developed a coherent state-based generating function approach and exploited the dynamical symmetry of vibrational Hamiltonians for the Duschinsky relation to describe FC transitions at zero Kelvin. Recently, the present authors extended the method to incorporate thermal, single vibronic level, non-Condon and multi-photon effects in energy, time and probability density domains for the efficient calculation and interpretation of vibronic spectra. Herein, recent developments and corresponding generating functions are presented for single vibronic levels related to fluorescence, resonance Raman scattering and anharmonic transition.
Korean has two types of answers shorter than full sentential answers: Fragments and null argument constructions. Apparently the two constructions have the same interpretative processes. However, there are some cases where the fragment and null argument construction behave differently: e.g., wh-puzzles, sloppy interpretation. We suggest that the two constructions involve two different types of anaphora and that the sources of sloppy(-like) interpretation are fundamentally distinct. Fragments pattern differently with null arguments in that only the former may display genuine sloppy readings. The latter may yield sloppy-like readings which are pragmatically induced by the explicature that can be cancelled unlike genuine sloppy readings in fragments. Evidence (wh-ellipsis, quantifier ellipsis) all lends substantial support to our claim that fragments are analyzed as an instance of clausal ellipsis while null arguments are analyzed as an instance of null pronoun pro; hence, the former is surface anaphora whereas the latter is deep anaphora in the sense of Hankamer & Sag (1976).
The Korean double nominative construction exhibits various properties distinguished not only from ordinary subject-object clauses but also from nominative complement constructions. Particularly, the second NP, not the initial NP, triggers the honorific agreement with the verb. I argue that the first NP of the construction is identified as a sentential specifier which exists in addition to the subject (cf. Major subject in Yoon 2004). The sentential specifier can be justified as the characteristic of the topic-prominent language in the sense of Li and Thompson (1976). Specifically I claim that any elements that satisfy the aboutness condition can be the sentential specifier. Finally, I show that HPSG's valence value and an optional lexical rule provides an elegant treatment of the construction; SPR list in a sentence level can be utilized for the sentential specifier (cf. Kim et al. 2007).
Verbal suffix-repetition construction in Korean: A constraint- and construction-based approach
(2012)
There are various Verbal Suffix-Repetition (VSR) constructions in Korean, where suffixes such as -kena/tun(ci)/tun(ka) are attached to the repeated verbs. Calling the VSR Choice-denying Repeated Verbs construction, Lee (2011) claims that the following verb of the VSR, which can be replaced with mal-, should contain a negative but the preceding verb should be affirmative in the VSR construction which disallows any NPI within it. Unlike Lee (2011), we claim that the verbs in the VSR can freely occur either in the preceding position or in the following one regardless of their Neg value so long as they share the same verbal suffix forms such as -tun(ka). Furthermore, NPIs may occur within the VSR construction if they occur with a negative predicate within the same clause. To implement the findings above into HPSG, we have proposed the two lexical entries for mal-, the VSR Construction Rule, and the NPI Clause-mate Constraint. These tools enable us to account for the idiosyncratic properties of the VSR constructions under this constraint- and construction-based approach.
This paper describes free relative constructions in Modern Standard Arabic (henceforth, MSA) and aims to provide an HPSG analysis for them. MSA has two types of free relative constructions. One, which is introduced by the complementizer ?allaði, looks just like a relative clause. The other, which is introduced by the elements man and maa, which also appear to be complementizers, does not look like a relative clause. Both types can be analysed in term of unary-branching structures (as NPs consisting just of a CP). In ?allaði free relatives, the NP and the value of SLASH can be coindexed via the value of MOD on the CP. In man and maa free relatives, the NP and the value of SLASH must be coindexed directly.
In HPSG relative clauses have been analyzed in terms of phonologically empty heads in Pollard and Sag (1994) and in terms of a complex system of phrase types in Sag (1997). Modern Standard Arabic has a distinction between relative clauses with a definite antecedent, which are introduced by a special complementizer, and relative clauses with an indefinite antecedent, which are 'bare' clauses. Analyses eschewing empty heads and assuming a complex system of phrase types face a number of problems. An analysis in which relatives with an indefinite antecedent are headed by a phonologically empty complementizer is more satisfactory. Thus, in the case of Arabic, the approach of Pollard and Sag (1994) seems preferable to the approach of Sag (1997).
This paper presents an analysis of Danish free relative constructions. Fol- lowing Bresnan and Grimshaw (1978) we will adopt a wh-head (in Danish hv-head) analysis where the hv-phrase is the head of an NP. Also following Bresnan and Grimshaw (1978) we will propose an analysis which does not involve a filler-gap dependency between the hv-phrase and the gap in the sis- ter clause. Instead we will propose that the gap in the sister clause is bound off by a constructional constraint. In this way the analysis will be shown to differ from previous HPSG wh-head analyses of free relatives.