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Der Vergleich im Zivilprozeß: Untersuchungen an einem großstädtischen Amtsgericht (Forschungsberichte des Landes Nordrhein-Westfalen #3163)
by Klaus F. Röhl
Die ärztliche Aufklärungspflicht: Unter besonderer Berücksichtigung der richterlichen Spruchpraxis (Recht und Medizin)
by B.-R. Kern A. Laufs
Die Aufgabe des Strafrechts: 243. Sitzung am 28. November 1979 in Düsseldorf (Rheinisch-Westfälische Akademie der Wissenschaften #262)
by Armin Kaufmann
Equality under the Constitution: Reclaiming the Fourteenth Amendment
by Judith A. BaerThe principle of equality embedded in the Declaration of Independence and reaffirmed in the Constitution does not distinguish between individuals according to their capacities or merits. It is written into these documents to ensure that each and every person enjoys equal respect and equal rights. Judith Baer maintains, however, that in fact American judicial decisions have consistently denied individuals the form of equality to which they are legally entitled—that the courts have interpreted constitutional guarantees of equal protection in ways that undermine the original intent of Congress. In Equality under the Constitution, Baer examines the background, scope, and purpose of the Constitution’s Fourteenth Amendment and the history of its interpretation by the courts. She traces the development of the idea of equality, drawing on the Bill of Rights, Congressional records, the Civil War amendments, and other sections of the Constitution. Baer discusses many of the significant equal-protection cases decided by the Supreme Court from the time of the amendment’s ratification, including decisions on reverse discrimination, age discrimination, the rights of the disabled, and gay rights. She concludes with a theory of equality more faithful to the history, language, and spirit of the Constitution.
Ethics and Animals (Contemporary Issues in Biomedicine, Ethics, and Society)
by Harlan B. Miller William H. WilliamsThis volume is a collection of essays concerned with the morality of hu man treatment of nonhuman animals. The contributors take very different approaches to their topics and come to widely divergent conclusions. The goal of the volume as a whole is to shed a brighter light upon an aspect of human life-our relations with the other animals-that has recently seen a great increase in interest and in the generation of heat. The discussions and debates contained herein are addressed by the contributors to each other, to the general public, and to the academic world, especially the biological, philosophical, and political parts of that world. The essays are organized into eight sections by topics, each sec tion beginning with a brief introduction linking the papers and the sec tions to one another. There is also a general introduction and an Epilog that suggests alternate possible ways of organizing the material. The first two sections are concerned with the place of animals in the human world: Section I with the ways humans view animals in literature, philosophy, and other parts of human culture, and Section II with the place of animals in human legal and moral community. The next three sections concern comparisons between human and nonhuman animals: Section III on the rights and wrongs of killing, Section IV on the humanity of animals and the animality of humans, and Section V on questions of the conflict of human and animal interests.
The Ethics of Legal Coercion (Philosophical Studies Series #26)
by J.D. HodsonAre all of the commonly accepted aims of the use of law justifiable? Which kinds of behavior are justifiably prohibited, which kinds justifiably required? What uses of law are not defensible? How can the legitimacy or the ille gitimacy of various uses of law be explained or accounted for? These are questions the answering of which involves one in many issues of moral principle, for the answers require that one adopt positions - even if only implicitly - on further questions of what kinds of actions or policies are morally or ethically acceptable. The present work, aimed at questions of these kinds, is thus a study in the ethical evaluation of major uses of legal coercion. It is an attempt to provide a framework within which many questions about the proper uses of law may be fruitfully discussed. The framework, if successful, can be used by anyone asking questions about the defensibility of particular or general uses of law, whether from the perspective of someone considering whether to bring about some new legal provision, from the perspective of someone concerned to evaluate an eXisting provision, or from that of someone concerned more abstractly with questions about the appropriate substance of an ideal legal system. In addressing these and associated issues, I shall be exploring the extent to which an ethics based on respect for persons and their autonomy can handle satisfactorily the problems arising here.
Ethics, The Social Sciences, and Policy Analysis (The Hastings Center Series in Ethics)
by Daniel Callahan and Bruce JenningsThe social sciences playa variety of multifaceted roles in the policymaking process. So varied are these roles, indeed, that it is futile to talk in the singular about the use of social science in policymaking, as if there were one constant relationship between two fixed and stable entities. Instead, to address this issue sensibly one must talk in the plural about uses of dif ferent modes of social scientific inquiry for different kinds of policies under various circumstances. In some cases, the influence of social scientific research is direct and tangible, and the connection between the find ings and the policy is easy to see. In other cases, perhaps most, its influence is indirect-one small piece in a larger mosaic of politics, bargaining, and compromise. Occasionally the findings of social scientific studies are explicitly drawn upon by policymakers in the formation, implementation, or evaluation of particular policies. More often, the categories and theoretical models of social science provide a general background orientation within which policymakers concep tualize problems and frame policy options. At times, the in fluence of social scientific work is cognitive and informational in nature; in other instances, policymakers use social science primarily for symbolic and political purposes in order to le gitimate preestablished goals and strategies. Nonetheless, amid this diversity and variety, troubling general questions persistently arise.
Fortschritte der Rechtsmedizin: Festschrift für Georg Schmidt
by J. Barz J. Bösche H. Frohberg R. Käppner R. Mattern
Foundations of Morality, Human Rights, and the Human Sciences: Phenomenology in a Foundational Dialogue with the Human Sciences (Analecta Husserliana #15)
by Calvin O. Schrag Anna-TeresaTymienieckaThe essays in this volume constitute a portion of the research program being carried out by the International Society for Phenomenology and the Human Sciences. Established as an affiliate society of the World Institute for Ad vanced Phenomenological Research and Learning in 1976, in Arezzo, Italy, by the president of the Institute, Dr Anna-Teresa Tymieniecka, this particular society is devoted to an exploration of the relevance of phenomenological methods and insights for an understanding of the origins and goals of the specialised human sciences. The essays printed in the first part of the book were originally presented at the Second Congress of this society held at Purdue University, West Lafayette, Indiana, 12-14 July 1979. The second part of the volume consists of selected essays from the third convention (the Eleventh International Congress of Phenomenology of the World Phenomen ology Institute) held in Cambridge, Massachusetts in 1981. With the third part of this book we pass into the "Human Rights" issue as treated by the World Phenomenology Institute at the Interamerican Philosophy Congress held in Tallahassee, Florida, also in 1981. The volume opens with a mono graph by Anna-Teresa Tymieniecka on the foundations of ethics in the moral practice within the life-world and the social world shown as clearly distinct. The main ideas of this work had been presented by Tymieniecka as lead lectures to the three conferences giving them a tight research-project con sistency.
Functions and Uses of Disciplinary Histories (Sociology of the Sciences Yearbook #7)
by Loren Graham, Wolf Lepenies and Peter WeingartEdward Gibbon's allegation at the beginning of his Essay on the Study of Literature (1764) that the history of empires is that of the miseries of humankind whereas the history of the sciences is that of their splendour and happiness has for a long time been accepted by professional scientists and by historians of science alike. For its practitioner, the history of a discipline displayed above all the always difficult but fmally rewarding approach to a truth which was incorporated in the discipline in its actual fonn. Looking back, it was only too easy to distinguish those who erred and heretics in the field from the few forerunners of true science. On the one hand, the traditional history of science was told as a story of hero and hero worship, on the other hand it was, paradoxically enough, the constant attempt to remind the scientist whom he should better forget. It is not surprising at all therefore that the traditional history of science was a field of only minor interest for the practitioner of a distinct scientific diSCipline or specialty and at the same time a hardly challenging task for the professional historian. Nietzsche had already described the historian of science as someone who arrives late after harvest-time: it is somebody who is only a tolerated guest at the thanksgiving dinner of the scientific community .
Game Theory for Economic Analysis (Economic Theory, Econometrics, and Mathematical Economics)
by Tatsuro IchiishiGame Theory for Economic Analysis
Gegentendenzen zur Verrechtlichung (Jahrbuch für Rechtssoziologie und Rechtstheorie #9)
by Rüdiger Voigt
Geisteswissenschaften: Vorträge · G 265 (Rheinisch-Westfälische Akademie der Wissenschaften #265)
by Paul Mikat
Genocide and Retribution: The Holocaust in Hungarian-Ruled Northern Transylvania (Holocaust Studies Series)
by Randolph L. BrahamDuring the dark years of the Holocaust, many of the millions of labor and concentration camp victims were sustained in their struggle for survival by the hope that their tormentors would not escape retribution. This expectation was reinforced by the warnings issued by the statesmen of the anti-Axis coalition and the declarations of the United States, Great Britain, and the USSR. Shortly after the cessation of hostilities, war crimes trials were indeed initiated in all parts of liberated Europe. Many of the accused were indicted, among other things, for crimes committed against Jews. People's tribunals for the prosecution of war crimes and crimes against humanity were also estab lished in Romania, a country that extricated itself from the Axis Alliance on 23 August 1944. The Romanian people's tribunals were set up and operated under the provi sions of Law No. 312, issued by the Ministry ofJustice on 21 April 1945. One ofthese tribunals was established in Cluj (Kolozsvar) and entrusted primarily with the prosecution of those involved in the violation of the rights of people living in Northern Transylvania, the part of the province that was transferred to Hungary under the terms of the Second Vienna Award (August 1940) and which remained under Hungarian rule from early September 1940 until its liberation by Soviet-Romanian forces in the fall of 1944. The crimes committed against the citizens of Northern Transylvania both within and outside the province were the subject of two major trials.
God, Free Will, and Morality: Prolegomena to a Theory of Practical Reasoning (Philosophical Studies Series #27)
by R. Richman"He [Francis Bacon] writes of science like a Lord Chan cellor" - William Harvey "Don't say: 'There must be something common . . . ' - but look and see" Ludwig Wittgenstein In the history of western moral philosophy since Plato, there has been a pervasive tendency for the moral theorist to wri~e, in effect, like a scientist, Le. to seek completely general prin ciples of right conduct. Of late, moreover, there has been an attempt to set forth a theory underlying the general principles, not of right conduct, admittedly, but of justice. To be sure, we are sometimes warned that the principles (which must exist?) may be too complex to be formulated. Also they may not exist prior to action - nonetheless, we are told, they serve as guides to conduct! One inight argue that Baconian inductivism provides one basis for skepticism with respect to a number of familiar epistemological problems. Thus, the skeptic argues, a certain conclusion - say, the existence of another's pain - is not justified on the basis of (behavioral) evidence either deductively or inductively, and hence it is not justified at all. Similarly, I should claim, by establishing an unattainable standard, the search for exceptionless principles may become a source of moral skepticism. After all, when con fronted with a supposed principle designed to justify a particular ix x PREFACE action, one can generally imagine a counter-example to the prin ciple without excessive difficulty.
Grundlagen der juristischen Argumentation (Forschungen aus Staat und Recht #64)
by A. PeczenikViele Kollegen, besonders AULIS AARNIO, ROBERT ALEXY, GORAN HERMEREN und ROBERT S. SUMMERS, haben mir in umfassenden Ge sprachen und durch ebenfalls umfassende Kritik auBerst wichtige Hilfe geboten, die ich mit groBer Dankbarkeit anerkenne. Es ware gar nicht moglich, die vielen Kommentatoren aufzuzahlen, die mir im Laufe der Arbeit durch wichtige Hinweise geholfen haben; es sollen dabei hauptsachlich MAX BLACK, HECTOR-NERI CASTANEDA, JAN HELLNER, DAVID LYONS, NEIL MACCORMICK, TORE NILSTUN, JOSEPH RAz, KNUT ERIK TRAN0Y und OTA WEINBERGER erwahnt werden. Meinen Kollegen und Studenten an der juristischen Fakultat der Universitat Lund bin ich selbstverstandlich auch Dank schuldig fUr den bedeuten den Beistand, den sie geleistet haben. Bruchteile dieses Buches wurden in Lunder Seminaren, von PETER GXRDENFORS, BENGT HANSON und GORAN HERMEREN geleitet, besprochen; der Helsinki Philosophia Iuris Kreis, unter der Leitung von AULIS AARNIO, hat sich ebenfalls damit auseinandergesetzt. Einen groBen Teil der Arbeit an diesem Buch konnte ich ausfuhren, wahrend ich dank einer Fellowship des Ameri can Council of Learned Societies an der Cornell Law School vom Januar bis August 1981 Vorlesungen hielt. Die wertvollen Diskus sionen, die ich mit Professoren und Studenten an der Cornell Uni versity fuhrte, spielten dabei eine wichtige Rolle fur mich. Sprachlich wurde das Manuskript auch von Dr. DOROTHEA MAYER MALY durchgesehen und verbessert, der ich fur ihre Muhe sehr dank bar bin. MATS MATTSSON verbrachte zwei Semester damit, mir mit der Vervollstandigung des Quellenmaterials zu helfen.
