Dictionary of Arguments


Philosophical and Scientific Issues in Dispute
 
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Entry
Reference
Art Eco I 48
Science/Art/Eco: in the open work of art you can see the resonance of some tendencies in modern science: the concept of the field comes from physics: it is a new understanding of the relationship between cause and effect: it has a more complex interaction of forces. There is a departure from a static and syllogistic view of order. It has an indefinite relation and is complementarity.
I 55
Reception/Eco: the work of art offers the interpreter a work to be completed.
I 105
Openness and disorder are relative terms. Something is more in order in comparison to a previous disorder.
I 138
Definition openness of the first degree: integration and knowledge mechanisms are characteristic for every process of knowledge.
I 139
Definition second-degree openness: second-degree openness corresponds to the grasping that constantly open process, it allows us to perceive new contours and new possibilities for a form.
I 149
Openness: openness means that the recipient has freedom of choice.
I 160
Art/Science/Eco: certain structures in art appear as epistemological metaphors, as structural decisions of a diffuse theoretical consciousness (not of a particular theory, but cultural belief). Art and science are mirroring certain achievements of modern scientific methodology in categories of uncertainty and statistical distribution. Bivalent logic, causality and the principle of the excluded middle are called into question.
I 163
Art/Science/Cubism: art exhibits parallels to non-Euclidean geometry. There is a parallel between Hilbert's attempts to axiomatize geometry and neoplasticism and constructivism.
I 165
Eco thesis: in a world where the discontinuity of phenomena has called into question the possibility of a unified and definitive view of the world, open art shows us a way of seeing and recognizing this world and of integrating our sensitivity. This discontinuity is not narrated but it is art. ((s)VsEco: Eco shows a strongly affirmative attitude: that it is about recognizing the world.)
I 260
Alienation/Art/Eco: Epigones have become alienated from a habit that now fixes them without allowing them to move in an original and free way.

Eco I
U. Eco
Opera aperta, Milano 1962, 1967
German Edition:
Das offene Kunstwerk Frankfurt/M. 1977

Eco II
U, Eco
La struttura assente, Milano 1968
German Edition:
Einführung in die Semiotik München 1972

Economic Models Miceli Parisi I 10
Economic models/Miceli: The extent to which a model succeeds in isolating the essential features of an issue is an indication of its “goodness.” Economists use two basic approaches to evaluate the goodness of their models*: the first is to evaluate the quality of the assumptions, and the second is to use empirical evidence to test whether the model accurately predicts behavior. Endogenous/exogenous variables: The assumptions of an economic model define the specific relationships that will be studied and the factors that will be excluded from analysis - in other words, what variables are endogenous and what variables are exogenous. In this sense, they are the counterpart to controls in a laboratory experiment. The validity, or quality, of the assumptions determines how believable the conclusions of the model are, because once the assumptions are in place, the results follow logically from the structure of the model.
Critiques/VsEconomic models: : Most debates over economic models therefore focus on the assumptions: in particular, has the essence of the issue been captured, and are only inessential factors excluded? In many cases these are subjective questions, and so the skillful choice of assumptions is often characterized as an “art.“(Landes 1998)(2)
Prediction: The second test of a model is whether it can predict or explain the real world.**
Parisi I 11
Common characteristics of economic models: 1) (...) they nearly always start by positing rationality on the part of the relevant decision-makers, at least some of the time.*** 2) (...) the setting in which agents act is limited by the assumptions of the model, which, as discussed above, allows the researcher to focus on the particular question(s) of interest.
3) (...) economic models distinguish between positive and normative analysis; that is, between analysis that is meant to describe or predict behavior in a particular institutional setting, and analysis that is meant to prescribe a better outcome or policy based on some articulated social norm such as efficiency.
Parisi I 23
How to build a model/Miceli: (...) the process of building good economic models, in law or any field, involves asking interesting questions and using the right methods to answer them. The first problem is therefore to find a good question. The law is an ideal subject area for finding interesting economic questions for several reasons: first, both law and economics presume rational decision-makers; second, both areas involve the use of incentives; and third, both are concerned with trade-offs. The best questions are those
Parisi I 24
that generalize to circumstances beyond the particular case at hand (...).Although the ultimate goal is to derive general conclusions, it is best to start out with the simplest setting that captures the essence of the problem of interest. This allows one to isolate the key elements of the model and to understand hwat drives it. Only after understanding a simple version of the model (probably too simple), does it make sense to generalize it by relaxing some of the assumptions and adding additional elements. Economic models of law: An important consideration in developing economic models of law is to identify the role that the “legal rule” plays in creating incentives for decision-makers to act in a certain way. Most legal problems involve some kind of externality or market failure that the law is designed to correct. It is therefore important to identify what that market failure is and how the legal rule addresses it.
Efficiency: A typical approach is to assess the relative efficiency of different rules (positive analysis) and/or to propose more efficient ones (normative analysis). >Law/economic analysis.

* Much of the discussion in this section is based on Nicholson and Snyder (2012(1), pp. 3-9).

** Some would argue that empirical verification of a model's ability to predict actual behavior in the real world is the only relevant test of a model's quality. See, for example, the classic articulation of this view by Friedman (1953)(3).

*** The relatively new field of behavioral economics examines the implications of relaxing the strict assumption of rationality that underlies neoclassical economic models. See, for example, Sunstein (2000)(4).


1.Nicholson, Walter and Christopher Snyder (2012). Microeconomic Theory: Basic Principles and Extensions. Mason, OH: South-Western.
2. Landes, William (1998). “The Art of Law and Economics: An Autobiographical Essay,” in M. Szenberg, ed., Passion and Craft: Economists at Work, 155–175. Ann Arbor, MI: University of Michigan Press.
3. Friedman, Milton (1953). “The Methodology of Positive Economics,” in Essays in Positive Economics, 3–43. Chicago: University of Chicago Press.
4. Sunstein, Cass, ed. (2000). Behavioral Law and Economics. New York: Cambridge University Press.
5. Varian, Hal (1998). “How to Build an Economic Model in Your Spare Time,” in M. Szenberg, ed., Passion and Craft: Economists at Work, 256–271. Ann Arbor, MI: University of Michigan Press.


Miceli, Thomas J. „Economic Models of Law“. In: Parisi, Francesco (ed) (2017). The Oxford Handbook of Law and Economics. Vol 1: Methodology and Concepts. NY: Oxford University Press.


Parisi I
Francesco Parisi (Ed)
The Oxford Handbook of Law and Economics: Volume 1: Methodology and Concepts New York 2017
Exchange Sandel Mause I 180
Exchange/Sandel: SandelVsEconomization of areas of life: 1. Market exchange violates fairness, or is associated with coercion. Market Exchange/Sandel: 2. Market exchange leads to degradation or corruption of the parties. The moral ideal here is the immaterial meaning of goods - their dignity. Market exchange damages, displaces or destroys valuable attitudes, standards or obligations in such cases. The only way to remedy this situation is not to introduce fair negotiating conditions, but to refrain from market exchange itself. (1)


1. Michael Sandel, Was man für Geld nicht kaufen kann: Die moralischen Grenzen des Marktes. Berlin 2012. S. 138-140

Sand I
Michael Sandel
The Procedural Republic and the Unencumbered Self 1984


Mause I
Karsten Mause
Christian Müller
Klaus Schubert,
Politik und Wirtschaft: Ein integratives Kompendium Wiesbaden 2018
Law Buchanan Brocker I 567
Law/Contracts/Contract Theory/Buchanan: Law transforms only the uneven distribution that has arisen naturally into a legally fixed uneven distribution. That this transformation is taking place at all is due to the fact that those who are worse off in natural distribution also benefit from disarmament and the establishment of law. See Contract Theory/Buchanan, Equilibrium/Buchanan. Problem: there is still the danger of instability, because it is better for everyone to live in a contractual state and not in a pre-contractual one - nevertheless one profits from breaches of contract! And in two ways: a) you enjoy the contractual advantages and b) you benefit from a breach of the law.
Solution/Buchanan: there must be a superordinate instance. The existence of the state owes its existence to this necessity. See Constitution/Buchanan.
Brocker I 571
Finally, Buchanan is even considering the possibility of a slavery contract (1) (see Slavery/Buchanan). KerstingVsBuchanan/KerstingVsEconomism: This passage shows the immorality of economism. Economistic reductionism drives out the traditional normative meaning of the traditional concepts of the moral world. To speak of a slave's right to be left alive would have been condemned as intolerable cynicism. Economism is a twin brother of scientism.
Buchanan's conceptual framework for the initial state of a philosophical theory of justification is so large and far-reaching that it itself can encompass the negation of all moral interpersonal relationships, apartheid and slavery, as constitutional-contractualist states. But then the question arises as to whether such a radically naturalized scenery can be suitable for the generation of social and political principles of assessment and design that can be accepted.
If rights are the result of contractual agreement under realistic conditions - and an agreement generally only comes about if everyone hopes it will benefit - then contractual establishment of rights will only be achieved when the use of force becomes uneconomical, when blackmailing, intimidation and murder cost too much. But that only means that the law seals inequalities constituted by violence. It is characteristic of Buchanan's conception that the traditional opposition between violence and law has lost its leading function.


1. James M. Buchanan, The Limits of Liberty. Between Anarchy and Leviathan, Chicago/London 1975. Dt.: James M. Buchanan, Die Grenzen der Freiheit. Zwischen Anarchie und Leviathan, Tübingen 1984.


Wolfgang Kersting, „James M. Buchanan, Die Grenzen der Freiheit“ in: Manfred Brocker (Hg.) Geschichte des politischen Denkens. Das 20. Jahrhundert. Frankfurt/M. 2018

EconBuchan I
James M. Buchanan
Politics as Public Choice Carmel, IN 2000


Brocker I
Manfred Brocker
Geschichte des politischen Denkens. Das 20. Jahrhundert Frankfurt/M. 2018
Law Economic Theories Parisi I 11
Law/economic theories/Miceli: The application of economic analysis to law has a long history, dating back at least to the criminal law theories of Beccaria (1986 [1764])(1) and Bentham (1969 [1789](2)). Surprisingly, however, the idea that laws could be interpreted as creating incentives for behavior did not seem to resurface again until the 1960s with the work of Coase (1960) on externalities, Calabresi (1961)(3) on accident law, and Becker (1968)(4) on criminal law. Since then, of course, the application of law to economics has blossomed into a major field in both law and economics.* VsEconomic theories on law: Most critics of the economic approach to law argue that it is inappropriate to evaluate the law based on the norm of efficiency. The goal of the law should instead be to pursue justice or fairness, however those objectives are defined.
VsVs: Richard Posner, one of the founding fathers of law and economics, has responded to this criticism in two ways. >Economic theories/law/Posner, >Legal policy/Kaplow.
Parisi I 17
Economic models: (...) the law has converged on similar solutions (though often in different forms) to a common set of economic problems.** The value of economic models is that they reveal this common structure by isolating the essential elements of the problem. This conclusion naturally raises the question of where this underlying unity in the law came from. This is a central question in the positive economic theory of law, which asserts that the common law displays an inherent economic logic. Efficiency of the law: [Some scholars] (...)have attempted to show that efficiency can emerge (...) on the argument that the common law, like the competitive market, is driven by invisible-hand type forces that propel it in the direction of efficiency. A large literature has arisen to evaluate the merits of this argument.***

* See Posner (2005)(5) and Pearson (1997)(6) for discussions of the early history of the law and economics movement, and Mercuro and Medema (1997)(7) for an overview of recent developments and perspectives.

** In addition to Cooter (1985)(8), see Posner (2003)(9), Shavell (2004)(10), Miceli (2009)(11), and Cooter and Ulen (2012)(12) for textbook treatments of law and economics that emphasize these unifying principles.

*** This literature began with the seminal papers by Rubin (1977)(13) and Priest (1977)(14). See also Gennaioli and Shleifer (2007)(15) and Miceli (2011)(16).


1. Beccaria, Cesare (1986) [1764]. On Crimes and Punishments, edited and translated by D. Young. Indianapolis, IN: Hackett Publishing Co.
2. Bentham, Jeremy (1966) [1789]. “An Introduction to the Principles of Morals and Legislation,” in The English Philosophers from Bacon to Mill, edited by E. Burtt, 789–852. New York: The Modern Library.
3. Calabresi, Guido (1961). “Some Thoughts on Risk Distribution and the Law of Torts.” Yale Law Journal 70: 499–553.
4 Becker, Gary (1968). “Crime and Punishment: An Economic Approach.” Journal of Political Economy 76: 169–217.
5. Posner, Richard (2005). “The Law and Economics Movement: From Bentham to Becker,” in F. Parisi and C. Rowley, eds., The Origins of Law and Economics, 328–349. Cheltenham: Edward Elgar.
6. Pearson, H. (1997). Origins of Law and Economics: The Economists’ New Science of Law, 1830–1930. New York: Cambridge University Press.
7. Mercuro, Nicholas and Steven Medema (1997). Economics and the Law: From Posner to Post-Modernism. Princeton, NJ: Princeton University Press.
8. Cooter, Robert (1985). “Unity in Tort, Contract, and Property: The Model of Precaution.” California Law Review 73: 1–51
9. Posner, Richard (2003). Economic Analysis of Law. 6th edition. New York: Aspen Law & Business.
10. Shavell, Steven (2004). Foundations of Economic Analysis of Law. Cambridge, MA: Belknap Press.
11. Miceli, Thomas J. (2009). The Economic Approach to Law. 2nd edition. Stanford, CA: Stanford University Press.
12,Cooter and Ulen 2012
13. Rubin, Paul (1977). “Why Is the Common Law Efficient?” Journal of Legal Studies 6: 51–63.
14. Priest, George (1977). “The Common Law Process and the Selection of Efficient Rules.” Journal of Legal Studies 6: 65–82.
15. Gennaioli, Nicola and Andrei Shleifer (2007). “The Evolution of the Common Law.” Journal of Political Economy 115: 43–68.
16. Miceli, Thomas J. (2011). “Legal Change and the Social Value of Lawsuits.” International Review of Law and Economics 30: 203–208.


Miceli, Thomas J. „Economic Models of Law“. In: Parisi, Francesco (ed) (2017). The Oxford Handbook of Law and Economics. Vol 1: Methodology and Concepts. NY: Oxford University Press.


Parisi I
Francesco Parisi (Ed)
The Oxford Handbook of Law and Economics: Volume 1: Methodology and Concepts New York 2017
Literature Eco I 32
Bible/Allegory/Middle Ages/Holy Scripture/Hermeneutics/Eco: the Holy Scripture could be interpreted in three different ways: E.g. Jacob in Egypt: It literally says in the Bible: the children of Israel leave Egypt.
1. Allegory interpretation: our redemption through Christ.
2. Moral interpretation: turning the soul of sorrow and misery into a state of grace.
3. Anagogical interpretation: exit of the holy soul from the bondage of this corruption to freedom of eternal glory.
I 36
Novalis/Eco: Novalis exhibits pure evocative power of poetry as an art of indeterminate sense and imprecise meaning.
I 37
Mallarmé: "It must be avoided that a single sense is imposed".
I 200
Drama/Tragedy/Eco: Terminology: the deeper layers are called "action". Action: is unambiguous and inexhaustible.
I 206
Literature/Art/Life/Eco: it is only natural that life is more like the Ulysses than the three musketeers. Nevertheless, we are all more inclined to perceive it in the categories of the three musketeers than in those of Ulysses. Or rather: I can only remember and judge life when I think of it as a traditional novel.
I 258
Rhyme: rhyme first stimulates invention and pleasant sound structure,...
I 259
..later, the rhyme will make us a prisoner. The rhyme gives birth to the rhyming lexicon, which at first becomes the repertoire of words to be rhymed, but later becomes the repertoire of the already rhymed. > alienation. ---
Eco I passim
Openness/Literature: Eco speaks of complexity and inaccuracy of the relationships of the figures. ---
I 290
Robbe Grillet/Nouveau novel: "The world is neither meaningful nor absurd: it is... around us, things are there. Its surface is clean and smooth, untouched, but without ambiguous shine and transparency. First the objects and gestures should prove their existence through their presence. Being here should prevail over any explanatory theory that wanted to lock it up. Sense and absurdity are not objective qualities. ((s) Robbe-GrilletVsEco.)
I 282/283
CalvinoVsRobbe Grillet: Calvino warned against the flooding and disturbing presence of a "sea of objectivity". Talking about this sea in seemingly objective terms means a return of "objectivity" to a human universe.
I 284
Robbe Grillet: Grillet would like to achieve a view, according to Eco, that is not distorted by an interest in things through his narrative technique. Robbe Grillet/Eco: against Grillet, one can perhaps interpret it this way: the narrator does not define things as alien and metaphysical entities in no relation to us.
On the contrary, he determines a special kind of relationship between us and the things, a mode of "intentioning" the things that are unique to us. Instead of letting things be simple, he takes them to the area of a design operation that becomes a judgement on them.
(This is not Robbe Grillet's own interpretation).
I 285
EcoVsRobbe Grillet: Grillet is right when he thinks that the narrative structure must remain below the different interpretations. He is wrong when he believes that it is deprived of them because it is foreign to them. It is not foreign for them, but rather the sentence function of a number of situations in which we find ourselves set up in a language that had already spoken so much, that it is.
I 286
Sartre: Sartre was confused that the representatives of the Nouveau novel side by side with him signed politically committed manifestos.
I 290
Balzac: Marx and Engels: Mary and Engels acted reactionary and legitimistically; they basically had no interest in certain problems and agreed with the world in which they lived. Eco: Eco has, however, clarified their connections so clearly that he, at least in his work, did not remain their prisoner.
I 291
Modern literature/Eco: modern literature can no longer analyze the world in such a way that it turns to a subject. Rather, it changes the disposition of a certain structural articulation of the subject. By turning articulation into a subject and dissolving the actual content of the work. ---
II 148 Footnote
Literature/rhyme/Jakobson/Eco: Jakobson masterfully analyses the rhyme as a relational factor, where the equivalence of the sound - projects onto the sequence as his constituent principle - inevitably implies semantic equivalence(1).

(1) R. Jakobson, "Closing Statement: Linguistics and Poetics"; Style in Language, ed. T. A. Seboek, (1960).

Eco I
U. Eco
Opera aperta, Milano 1962, 1967
German Edition:
Das offene Kunstwerk Frankfurt/M. 1977

Eco II
U, Eco
La struttura assente, Milano 1968
German Edition:
Einführung in die Semiotik München 1972

Markets Sandel Mause I 180f
Markets/Sandel: Markets dominate our lives like never before - and in the course of that also our associated values. This is not the result of a conscious decision, but of a long-lasting, hardly noticeable process. No other organisational principle has produced so much prosperity and abundance in the production and distribution of goods. However, this also influences people's values.
Economy/Sandel: Economy has increasingly become a "ruling science". (1)
For example, you can buy a place at a prestigious university, for example, you can negotiate conditions of imprisonment for money payments, or you can have surrogate mothers carry out embryos for money.
SandelVsSubsidiarity: we have ventured too much subsidiarity if the following happens:
1. Markets lead to undesired allocations: E.g. too high prices: e.g. tickets for spiritual events fall into the hands of wealthy non-believers.
2. Markets change the characteristics of goods: e.g. the preferential sale of tickets for the American Congress instead of queuing to buy a ticket.
For example, the quality of blood donations changes because people regularly earn money with it, e.g. people pay their own children to mow the lawn, e.g.academic titles can be acquired by paying money, as can voters' votes.
3. Market transactions can also be bad in themselves when it comes to the exchange of child prostitution services, transplantation organs or human egg cells. See (2).
SandelVsEconomization of areas of life: 1. Market exchange violates fairness, or is associated with coercion.
Market Exchange/Sandel: 2. Market exchange leads to degradation or corruption of the parties. The moral ideal here is the immaterial meaning of goods - their dignity. Market exchange damages, displaces or destroys valuable attitudes, standards or obligations in such cases. The only way to remedy this situation is not to introduce fair negotiating conditions, but to refrain from the market exchange itself.


1. Michael Sandel, Was man für Geld nicht kaufen kann: Die moralischen Grenzen des Marktes. Berlin 2012. S. 12.
2. Timothy Besley, What’s the good of the market? An essay on Michael Sandel’s „What Money Can’t Buy“. Journal of Economic Literature 51, (2), 2013, S.478– 495.

Sand I
Michael Sandel
The Procedural Republic and the Unencumbered Self 1984


Mause I
Karsten Mause
Christian Müller
Klaus Schubert,
Politik und Wirtschaft: Ein integratives Kompendium Wiesbaden 2018
Political Parties Lenin Brocker I 33
Political Parties/Lenin: At the centre of What is to be done? is the creation of a disciplined organization of a revolutionary party under the conditions of the autocratic Russia. (1) Russia: as the Bolshevik faction and party that gave birth to the Communist Party of the Soviet Union, it made history not only in its own country. Far beyond the Soviet Union, for decades the Leninist party shaped the communist party states of Eastern European people's democracies as well as Asian and Latin American, party and state-mixing systems.
Brocker I 34
Economists: this is what social democratic groups were called, which were limited to economic wage struggles. LeninVsEconomism.
Brocker I 35
Lenin's thesis: For a tightly organized party "people should be trained to devote not only their free evenings to the revolution, but their entire lives". (2)

1.N. Lenin, Čto delat’?, Stuttgart 1902. Dt.: Wladimir I. Lenin, Was tun? Brennende Fragen unserer Bewegung, in: ders., Ausgewählte Werke in sechs Bänden, Bd. 1, Berlin (Ost) 121986, 333-541 (zuerst: Wien 1932).
2. Lenin, W. I., »Die dringendsten Aufgaben unserer Bewegung«, in: ders., Ausgewählte Werke in sechs Bänden, Bd. 1, Berlin 1986 (a), S. 315.


Jutta Scherrer, Wladimir Iljitsch Lenin, Was tun?, (1902) in: Brocker, Manfred, Geschichte des politischen Denkens. Das 20. Jahrhundert. Frankfurt/M. 2018.

Lenin I
Wladimir Iljitsch Lenin
Die dringendsten Aufgaben unserer Bewegung Berlin 1986


Brocker I
Manfred Brocker
Geschichte des politischen Denkens. Das 20. Jahrhundert Frankfurt/M. 2018
Politics Lenin Brocker I 38
Politics/LeninVsEconomism/Lenin: Lenin polemicizes against the union-oriented labor movements of Rabocere Delo and Rabocaja Mysl' and other spontaneously emerged directions of the labor movement. LeninVsTrade Unionism. (1) Instead, the workers' struggle should be directed against any violence and oppression emanating from the government. Political agitation alone is capable of forming the political consciousness and revolutionary activity of the masses.


1. Lenin, W. I., »Die dringendsten Aufgaben unserer Bewegung«, in: ders., Ausgewählte Werke in sechs Bänden, Bd. 1, Berlin 1986 (a) S. 376.


Jutta Scherrer, Wladimir Iljitsch Lenin, Was tun?, (1902) in: Brocker, Manfred, Geschichte des politischen Denkens. Das 20. Jahrhundert. Frankfurt/M. 2018.

Lenin I
Wladimir Iljitsch Lenin
Die dringendsten Aufgaben unserer Bewegung Berlin 1986


Brocker I
Manfred Brocker
Geschichte des politischen Denkens. Das 20. Jahrhundert Frankfurt/M. 2018
Rational Choice Political Economy Mause I 62
Rational decisions/rational choice/VsEconomic Theory/VsPolitical Science/Political Economy: Economically oriented political science was confronted with problems because it initially assumed that the actors had complete information. Problem: the empirical significance of this approach is limited, since due to the axiomatics (individuals act rationally) every action must necessarily provide the greatest benefit to an actor. (1) (2)


1. D. P. Green, I. Shapiro, Pathologies of rational-choice theory. A critique of applications in political science. New Haven 1994
2. J. S. Coleman,Th.J. Fararo (Eds) Rational-choice theory. Advocacy and critique. Newbury Park 1992.


Mause I
Karsten Mause
Christian Müller
Klaus Schubert,
Politik und Wirtschaft: Ein integratives Kompendium Wiesbaden 2018