Cassirer in Davos. An Intermezzo on Magic Mountain (1929)

The Davos-debate between Ernst Cassirer and Martin Heidegger at Davos in 1929 has proved a landmark in the history of twentieth century philosophy. The debate not only marked the end of the heyday of continental Neo-Kantian philosophy, but influenced, although in implicit ways, legal and political theory as well. At various levels of discourse, philosophical, moral philosophical, and that of legal and political philosophy, in the first half of the twentieth century Cassirer acted as the advocate of what remained of the old European humanist tradition. Heidegger, on the contrary, acted as the exponent of the emerging existentialist, anti-humanist movement that would soon supplant the old tradition in significance and force. This is an account of an imaginary encounter between two traditions, so that the clash of their opposing forces may shed sparks on a (still) dark era in Western philosophical history. The conclusion sums up the lessons or wisdom to be learned for political and legal theory.     

Pierre Bourdieu: From Neo-Kantian to Hegelian Critical Social Theory

Abstract

This paper challenges the commonly made claim that the work of Pierre Bourdieu is fundamentally anti-Hegelian in orientation. In contrast, it argues that the development of Bourdieu's work from its earliest structuralist through its later ‘post-structuralist’ phase is better described in terms of a shift from a late nineteenth century neo-Kantian to a distinctly Hegelian post-Kantian outlook. In his break with structuralism, Bourdieu appealed to a bodily based logic of practice' to explain the binaristic logic of Lévi-Strauss' structuralist analyses of myth. Effectively working within the tradition of the Durkheimian approach to symbolic classification, Lévi-Strauss had inherited Durkheim's distinctly neo-Kantian understanding of the role of categories in experience and action—an account that conflated two forms of representation—‘intuitions’ and ‘concepts’—that Kant himself had held distinct. Bourdieu's appeal to the role of the body's dispositional habitus can be considered as a retrieval of Hegel's earlier quite different reworking of Kant's intuition-concept distinction in terms of distinct ‘logics’ with different forms of ‘negation’. Bourdieu commonly acknowledged the parallels of his analyses of social life to those of Hegel, but opposed Hegelianism because he believed that Hegel had remained entrapped within the dynamics of mythopoeic thought. In contrast, Durkheim and Lévi-Strauss, he claimed, by instituting a science of myth, had broken with it. This criticism of Hegel, however, relies on an understanding of his philosophy that has been rejected by many contemporary Hegel scholars, and without it, the gap separating Hegel and Bourdieu narrows dramatically     

构成要件的概念与构成要件的理论

从客观和主观两个方面来说明犯罪成立条件的作法并非社会主义国家特有的方法.事实上,从罗马法开始直到19世纪中叶各国刑法理论都是如此.而将犯罪视为符合构成要件的违法有责行为的德日犯罪论体系则起源于19世纪中后期,其中居核心地位的构成要件理论经历了几次大的修正.促使德日构成要件理论发生重大转变的关键在于新康德主义哲学的影响.德日犯罪论体系在限制国家刑罚权方面具有优势.     

新康德主义与新古典犯罪论体系

任何犯罪论体系的建构均有其特定的哲理基础。德日刑法理论中 ,新古典犯罪论体系的提出深受新康德主义价值学派的影响。它是对受实证主义思潮影响的古典犯罪论体系的扬弃。该体系不再像古典体系那样一味强调“价值无涉”的体系构造 ,开始着眼于“价值关涉”的体系构造。其后 ,新古典犯罪论体系又受到目的论的犯罪论体系的冲击 ,形成了德日犯罪论体系现今的通说。