1993 (15) Issue 2
Table of Contents
Title: Die Kontroverse um die Menschenrechte
Author: Ernst Tugendhat
Abstract: It is assumed a) that the statement that a human right exists means that a state which does not grant it is not legitimate, and b) that the legitimacy of power can, in modern times, be justified only by showing that it is in the equal interest of everybody. Mere democracy is insufficient to legitimate political power. Freedom for every individual must be guaranteed. So much is common ground in the controversy on human rights, but to interpret these freedom as a negative freedom, as the classical conception of human rights has done, is insufficient and therefore illegitimate, because it is not in the equal interest of everybody. To add a positive concept of freedom is correct but not enough, because it still neglects those who even if they are given the facilities do not have the capacity. Since the handicapped, the old and the young cannot even enter a contract and the disposessed cannot enter a fair contract, the contractarian foundation ofhuman rights must be discarded.
Title: Kritische Anmerkungen zu Ernst Tugendhats Konzept der Legitimität
Author: Norbert Hoerster
Abstract: According to Tugendhat's moral theory of legitimation the equal consideration of the interests of all is required. Tugendhat claims that this concept is the only one remaining as traditional forms of justification are no longer available. The author argues that Tugendhat's theory must fail because he tries to realize two contradictory aims: on the one hand that his principle of legitimation should not to be reduced to individual interests; on the other hand that it should be reached without any aprioristic presuppositions.
Title: Ernst Tugendhat über Menschenrechte - Kontroverse Bemerkungen
Author: Peter Koller
Abstract: In this critical comment on Ernst Tugendhat's paper I dispute his view in two respects: the first refers to the concept, the second to the justification of human rights. As far as the concept of human rights is concerned, I argue that Tugendhat fails to notice that there are different kinds of human rights which are to be distinguished carefully. This conceptual failure prevents him from seeing that different human rights are justified by different reasons. While universal human rights can be justified by the principle of universalization, community rights are based on the demands of social justice.
Title: Collective Identities and Citizenship
Author: Julian Nida-Rümelin
Abstract: In the following I try to show that there is an attractive notion of citizenship which is independent of any kind of collective identity. Citizenship is understood as one form of social interaction. It is argued that in order to understand social interaction adequately, it is necessary to introduce a structural theory of practical rationality, to the extent this conception of citizenship is based on the theory of structural rationality.
Title: Diskursethik, Politische Ökonomie und Volksabstimmungen
Author: Bruno S. Frey / Gebhard Kirchgässner
Abstract: First, the approaches of Diskursethik (Discourse ethics) and of Modern Political Economy are described. While the latter investigates political decision processes, the former is concerned with the discourse process which takes place before a decision is made. This is shown by using referenda as an example. The discourse which takes place before referenda obviously does not conform to the ideal conditions defined in Diskursethik, but discourse and decisions in the context of referenda come nearer to the intentions of Diskursethik and Political Economy than other decision procedures which are used in representative democracies.
Title: Volksabstimmungen, Verhandlungen und der Schleier der Insignifikanz. Kommentar zu Bruno S. Frey / Gebhard Kirchgässners "Diskursethik, Politische Ökonomie und Volksabstimmungen"
Author: Michael Baurmann / Hartmut Kliemt
Abstract: To combine some views of 'Diskursethik' and Constitutional Political Economy seems to be promising. In our comments on Frey's and Kirchgässner's attempt to join the forces of Discourse theory and Political Economy in defending the wider spread use of referenda we direct attention to three points. Firstly, the normative basis of both concepts is unsettled. Secondly, an economic approach contrary to the supposition of Frey and Kirchgässner provides substantial insights into the processes which precede collective decisions. Thirdly, the 'veil of insignificance' in referenda will not necessarily increase altruism in voting behavior.
Title: Formen der 'Zerlegbarkeit' sozialer Phänomene
Author: Andreas Balog
Abstract: One aspect of the Micro-Macro-Problem is the analysis of the principles of composition and decomposition. Since these principles play a considerable role in everyday life whenever people identify parts of large social units, they can be derived by way of reconstruction from everyday knowledge. On this basis a definition of micro-macro-relations is developed. According to this definition there are empirical and conceptual relations between the macro-phenomenon and its constituent parts, although the micro-phenomena are also independent entities in their own right. Two different forms of ascription of macro-attributes are distinguished and the limits of 'upward'-composition and 'downward'-decomposition are discussed. Finally, consequences of this perspective are presented concerning the explanation of social facts.
Title: Freuds Trieblehre als Konzeption eines allumfassenden Strebens nach Lust. Ein sprachanalytischer Rekonstruktionsversuch
Author: Stefan Hölscher
Abstract: The subject of this article is a rational reconstruction of Freud's dualistic conception of drive based on the principles of sexuality and aggression. In the first two parts today's most popular theses about this conception will be discussed critically. The last two parts of the article unfold a conception in which the search for pleasure, which is basic to all activities, replaces the fundamental principle of motivation theory, whose elementary attributes are the phenomena of sexuality and aggression. Important advantages of this conception are its logical-semantical consistence, a decrease in dogmatism and an increase in the plausibility of psychoanalytical anthropology.
Title: Corporate Action: A Reply to Coleman
Author: Raimo Tuomela
Abstract: This short note argues that the basic points Coleman (l993) makes against my critical paper (l993) are incorrect. These points concern the possibility of a single agent holding a corporate goal, the doxastic conditions concerning group action, and 'jointness-effects'.