RphZ Rechtsphilosophie

The article examines the conditions of possibility under which artificial intelligence as rational agents can have individual rights. With recourse to model-theoretical anal- yses, a general model of an order is described that enables the reduction...

Classic legal databases are constructed like a library: each fraction of information, but above all the legal sources to which it refers, can be precisely described and iden- tified. With artificial neural networks (ANNs) and/or self-learning...

In order to digitalise law, one would have to be able to both digitally capture its norms and make decisions based on them. In the case of norms, it is possible to digitally record their text and their propositional structure. However, the reference...

This article analyses aspects of the late work of Jürgen Habermas, namely his attempts to further develop the empirical and normative concept of the public sphere under the auspices of digitalisation. Digitalisation marks a highly ambivalent...

This article discusses the question of whether digital actants should be granted the status of legal personhood from a legal-doctrinal as well as legal-philosophical perspec- tive. For this purpose, the historical genesis of the modern understanding...

In recent years, the concept of recognition has experienced a renaissance in the legal and social sciences, along with widespread attention to its discourse-theoretical foundations. Following Hegel’s dialectical concept of recognition, we find the...

The aim of this essay is to offer an analysis of the conflict between two ethical principles presented by Hegel in the chapter of his Phenomenology of the Spirit titled “The True Spirit, Ethical Life.” One is the principle of the state of the...

In his Philosophy of Right, Hegel emphasises the necessity of action in order to achieve true freedom. In the Phenomenology, this reflection is even more fundamental: the “true self” of the individual and of the spirit lies in the act. Despite...

The paper discusses three concepts from the Phenomenology of Spirit with regard to their contribution to understanding Hegel’s legal thought: Lordship and Bondage, Reason as Lawgiver and Reason as Testing Law, and The Condition of Right. The paper...

This essay compares Hegel’s passage on “lordship and bondage” in The Phenomenology of Spirit with corresponding passages in the Encyclopedia of the Philosophical Sciences (1830) and the Outlines of the Philosophy of Right (1820). The goal is...

The paper introduces a thematic issue on the relationship between G. W. F. Hegel’s Phenomenology of Spirit and his Elements of the Philosophy of Right. It stresses the importance of a holistic approach towards Hegel’s legal philosophy. Moreover,...

German philosopher Ernst Tugendhat demands in one of his more recent texts that philosophical anthropology should replace metaphysics as the foundation of philosophy, excluding Islam from this new anthropological philosophical endeavor because of...

This article presents the internal structure of Islamic law and legal theory. Following the discourses of scholars since the 20th century, concepts of Islamic legal theory are increasingly coming into focus in order to find new ways and methods in...

In recent decades, questions of climate change and environmental problems have received increasing attention not only in Germany and Europe, but also globally. This has been accompanied by transnational and societal debates on environmental ethics....

The terms sharia (šarīʿa) and ‘Islamic law’ are synonymously used both in a general, colloquial sense and in academic literature. The terms do, however, not always coincide. The term sharia refers to the divine origin of rules and norms,...

On the occasion of current discussions about property and the social binding of property (Sozialbindung des Eigentums), especially in the context of housing, this paper addresses the question of how the social binding of property can be...

Debates among Muslim religious scholars in the field of Islamic medical ethics are characterized by a broad spectrum of interpretations. This is not surprising, considering that the religious-legal norms and ethical-moral values are entangled in the...

Engster’s care approach provides an interesting change of perspective to well-established approaches to animal ethics, such as utilitarianism and animal rights accounts: it shifts the focus towards justifying moral status based on...

This paper looks at the debate on animal rights since the so-called “political turn”. It argues that the question whether animals should have political rights can show the potential as well as the limits of the prevailing understanding of...