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From Taxonomy to Phylogenetics – Life and Work of Willi Hennig
Biological Systematics has changed dramatically during the past 60 years from a handicraft or art to an accepted branch of science proper, due to the work of Willi Hennig, who was born in 1913. The scientific method of reconstructing phylogenetic relationships of organisms bases on Hennig's approach, the "Phylogenetic Systematics". The method is now so widely accepted and applied that it can firmly be regarded a paradigm, named 'cladistics'. In contrast, the life and personality of its founder is remarkably little known in the scientific community. The present book offers a detailed biography of Willi Hennig, and traces the roots of his thinking from his schooldays until his death in 1976. Some outstanding academic teachers and friends of his are introduced, too. The book offers an insight into the historical development of a 'scientific revolution', and highlights the life and the work of a 'cautious revolutioniser' in a Germany of dictatorship, war, and separation.
Constitutionalism and Legal Reasoning
This book of legal philosophy contends that positive law is better understood if it is not too easily equated with power, force, or command. Law is more a matter of discourse and deliberation than of sheer decision or of power relations. Here is thought-provoking reading for lawyers, advocates, scholars of jurisprudence, students of law, philosophy and political science, and general readers concerned with the future of the constitutional state.
The Concept of Law from a Transnational Perspective
This book brings together the fruits of different traditions in legal philosophy and draws on them to develop a systematic thesis on the concept of law. The work uses a legal model to explore the underlying question of how the current phenomena of transnational law are best understood, in combination with an examination of the traditions of Jürgen Habermas's critical theory and H.L.A. Hart's analytic jurisprudence. This leads the author to conclude that the key to a fruitful dialogue and comprehensive understanding is to appreciate that the concept of law is not state-cantered and must reflect relationships to other legal systems.
The Sense of Appropriateness
Günthers book demonstrates that most objections to moral and legal principles are directed not against the validity of principles but against the manner of their application. If one distinguishes between the justification of a principle and its appropriate application, then the claim that the application of the principle in each individual case follows automatically from its universal justification proves to be a misunderstanding. Günther develops this distinction with the help of Habermass discourse theory of morality. He then employs it to extend Kohlbergs theory of moral development and to defend this against Gilligans critique. In the third and fourth parts of the book, Günther showsin debate with Hare, Dworkin, and othershow argumentation on the appropriate application of norms and principles in morality and law is possible.
On the Limits of Constitutional Adjudication
Juliano Z. Benvindo investigates the current movement of constitutional courts towards political activism, especially by focusing on the increasing use of the balancing method as a “rational” justification for this process. From the critical perception of the serious risks of this movement to democracy, the book takes as examples two constitutional realities, Germany and Brazil, in order to discuss the rationality, correctness, and legitimacy of constitutional decisions within this context. Through a dialogue between Jacques Derrida’s deconstruction and Jürgen Habermas’s proceduralism, the author confronts Robert Alexy’s defense of the balancing method as well as those two constitutional realities. This confrontation leads to the introduction of the concept of limited rationality applied to constitutional democracy and constitutional adjudication, which affirms the double bind of history and justice as a condition for a practice of decision-making committed to the principle of separation of powers.
The Normative Order of the Internet
There is order on the internet, but how has this order emerged and what challenges will threaten and shape its future? This study shows how a legitimate order of norms has emerged online, through both national and international legal systems. It establishes the emergence of a normative order of the internet, an order which explains and justifies processes of online rule and regulation. This order integrates norms at three different levels (regional, national, international), of two types (privately and publicly authored), and of different character (from ius cogens to technical standards). Matthias C. Kettemann assesses their internal coherence, their consonance with other order norms and th...
Habermas on Law and Democracy
In the first essay, Habermas himself succinctly presents the centerpiece of his theory: his proceduralist paradigm of law. The following essays comprise elaborations, criticisms, and further explorations by others of the most salient issues addressed in his theory. The distinguished group of contributors—internationally prominent scholars in the fields of law, philosophy, and social theory—includes many who have been closely identified with Habermas as well as some of his best-known critics. The final essay is a thorough and lengthy reply by Habermas, which not only engages the most important arguments raised in the preceding essays but also further elaborates and refines some of his own...
