O presente trabalho dissertativo tem como objetivo examinar a natureza das relações existentes entre as esferas da moral e do direito no âmbito da filosofia de Kant, a fim de compreender como é sustentada a legitimidade do exercício coercitivo das normas jurídicas, como elemento de justiça, de delimitação dos arbítrios, e pressuposto de uma convivência social racional. O problema que tencionamos investigar diz respeito a saber, em que medida se verifica uma eventual vinculação entre moral e direito nos escritos kantianos. Nessa perspectiva, o primeiro capítulo busca explicitar os conceitos de lei moral, boa vontade e imperativos, bem como as noções de autonomia e heteronomia, elementos esses diretamente implicados na hipótese kantiana da adequação humana necessária às leis prescritas pela razão, no âmbito da liberdade interna. A partir da base conceitual então estabelecida, busca-se, no segundo capítulo, examinar a proposta de um direito natural (racional) como conjunto de princípios a priori da razão pura prática que visam garantir a realização da liberdade na esfera da exterioridade. Para tanto, examina-se o modo através do qual se dá a construção do conceito kantiano de direito e seu respectivo princípio universal, tendo em conta ainda a forma a partir da qual se estabelece a relação entre liberdade (externa) e lei, e o papel da coerção. Uma vez demarcados os dois âmbitos, busca-se, no terceiro capítulo, aprofundar as distinções entre as esferas da interioridade e da exterioridade da liberdade, para então avaliar a hipótese de trabalho que está assentada sobre a possibilidade de uma conexão entre moral e direito na filosofia de Kant. Duas são as principais teses consideradas na investigação: i) a tese da independência e ii) a tese da dependência. A primeira é sustentada pelo grupo de interpretações que afirmam a separação entre moral e direito no pensamento de Kant, assumindo a coerção como elemento característico do direito e a não derivação de seu princípio em relação ao imperativo categórico. A segunda é sustentada pelos interpretes que entendem haver em Kant uma conexão entre moral e direito, baseando-se na desvalorização do elemento coerção e numa acentuação do elemento do dever, pelo que defendem a derivação dos deveres jurídicos da teoria moral kantiana e a derivação do princípio do direito diretamente do princípio da moralidade. Explicitados os elementos constitutivos dessas interpretações, realiza-se, então, ao final, a consideração da possibilidade do vínculo entre moral e direito, e o exame da consistência de uma eventual dependência/derivação dos princípios a priori do direito em relação ao princípio da moralidade, tudo de modo a avaliar em que medida se dá a validade da hipótese assumida e quais pontos sustentam a sua eventual plausibilidade. / Coordenação de Aperfeiçoamento de Pessoal de Nível Superior. / This argumentative paper aims to examine the nature of the relationship between the spheres of morality and law in the context of Kant's philosophy in order to understand how the legitimacy of coercive exercise of legal rules is sustained, as justice element of delimitation of wills, and assumption of rational social life. The problem we intend to investigate concerns the extent to which there is a possible link between morality and law in the Kantian writings. In this perspective, the first chapter seeks to clarify the concepts of moral law, goodwill and imperatives as well as the notions of autonomy and heteronomy, these elements directly involved in the Kantian hypothesis of human adaptation necessary laws prescribed by reason, within the internal freedom . From then established conceptual basis, we seek to, in the second chapter, consider the proposal for a natural right (rational) as a set of a priori principles of pure practical reason intended to ensure the attainment of freedom in the sphere of externality. To do so, it examines the way in which it gives the construction of the Kantian concept of law and its respective universal principle, taking into account also the form from which establishes the relationship between freedom (external) and law, and the role of coercion. Once marked the two areas, we seek to, in the third chapter, further distinctions between the spheres of interiority and exteriority of freedom, and then evaluate the working hypothesis that sitteth upon the possibility of a connection between morality and law Kant. There are two main theses considered in research: i) the independence thesis and ii) the theory of dependency. The first is supported by the group of interpretations that affirm the separation between morality and law in Kant's thought, assuming coercion as a characteristic element of the right and not to bypass principle in relation to the categorical imperative. The second is supported by interpreters that understand Kant in a connection between morality and law, based on the devaluation of coercion element and an accentuation of the element of duty, by defending the derivation of the legal duties of Kantian moral theory and the derivation of principle of the right directly from the principle of morality. Explained the elements of these interpretations, takes place then at the end, consideration of the possibility of the link between morality and law, and the examination of the consistency of a possible dependence / derivation of a priori principles of the right to the principle of morality all in order to assess the extent to which gives the validity of the assumed hypothesis and points which support the eventual plausibility.

Identities should be established independent of limitations by organization or application. We consider mobile and/or remote users and applications. Essential parts are centralized or distributed identity management systems. / Workshop "Netz- und Service-Infrastrukturen" Wünschenswert ist die Gültigkeit von Identitäten über Organisations- bzw. Applikationsgrenzen hinweg. Dabei werden mobile/entfernte Nutzer und Anwendungen betrachtet. Kernstück bilden zentrale oder verteilte Identitätsverwaltungen.

The practice of wearing hijab has been around for hundreds of years and around the world by Muslim women. It has been revealed that the decision to wear hijab is varied among Muslim women ranging from religious convictions to the consideration of the attire as a tool for empowerment. This paper, which utilizes a normative method with an argumentative structure, will defend the right of veiled Muslim women to employment and free from discrimination, and aims to clarify why the general ban on religious sign, specifically on hijab in this regard, not conforming to the basic principles of human rights . The argumentation will include a discussion and critiques regarding the two core principles in favor of banning hijab in the field of employment and comes to the conclusion that they appear to be built on weak grounds. Furthermore, some relevant conflicting principles regarding the hijab issue within the field of employment will be discussed. The conclusion maintains that veiled Muslim women shall not be pushed into the corner of the society by the two dominant discourses which are now included in the written legislations within the European laws and national laws. The paper concludes by stating that veiled Muslim women shall be accommodated to work and contribute to the European mainstream employment just like females from other groups.

In parallel with medical developments, the debate on euthanasia has gained new momentumin the Western world. Many countries have now legalized various forms of euthanasia, whileothers are investigating the issue. Euthanasia has been described as a difficult issue with manydimensions and worldwide there is no consensus among philosophers. The question ofeuthanasia may be relevant in the various cases where patients suffer and experienceunnecessary pain due to various diseases. The consequence of a bodily pain can lead toexistential thoughts about the meaning of life in these people. People who cannot find ameaningful continuation with their lives can express a wish to end their lives througheuthanasia. A literature review has been undertaken and various databases have been used inorder to search for scientific articles, debates and philosophical books. The purpose of thisthesis is to describe the state of knowledge about euthanasia and whether we should alloweuthanasia in Sweden. Four main arguments for and against euthanasia have been identified:1) the right to life, 2) the principle of autonomy, 3) the patient's best interests, and 4)euthanasia as a substitute for palliative care and the slippery slope argument.It is true that euthanasia poses a direct threat to the right to life and the sanctity of life. At thesame time the right to life can also be interpreted as having self-determination to end one's lifeat any time. A ban on euthanasia may benefit the right to life but it could mean an unwantedlife for many patients who suffer. A ban could also lead to a violation of personal integrity ofthe patient where they may experience not being taken seriously.There are, of course, several concerns and criticisms directed to a legalization of euthanasia.For example, patients who request euthanasia may be in a vulnerable position due to theirillness and/or lack of social or economic resources and therefore choose euthanasia. It canalso be that people would be pressured to request euthanasia. Another concern is that thelegalization of voluntary euthanasia could risk leading to the legalization of non-voluntaryeuthanasia, which means including other people in the euthanasia decision without their ownconsent. These risks are worth reflecting on and it is always difficult to balance the benefitsagainst risks concerning euthanasia. The best interests of the patient should be a guidingprinciple in decision-making in euthanasia and one should always try to reduce unnecessarysuffering.

In parallel with medical developments, the debate on euthanasia has gained new momentumin the Western world. Many countries have now legalized various forms of euthanasia, whileothers are investigating the issue. Euthanasia has been described as a difficult issue with manydimensions and worldwide there is no consensus among philosophers. The question ofeuthanasia may be relevant in the various cases where patients suffer and experienceunnecessary pain due to various diseases. The consequence of a bodily pain can lead toexistential thoughts about the meaning of life in these people. People who cannot find ameaningful continuation with their lives can express a wish to end their lives througheuthanasia. A literature review has been undertaken and various databases have been used inorder to search for scientific articles, debates and philosophical books. The purpose of thisthesis is to describe the state of knowledge about euthanasia and whether we should alloweuthanasia in Sweden. Four main arguments for and against euthanasia have been identified:1) the right to life, 2) the principle of autonomy, 3) the patient's best interests, and 4)euthanasia as a substitute for palliative care and the slippery slope argument.It is true that euthanasia poses a direct threat to the right to life and the sanctity of life. At thesame time the right to life can also be interpreted as having self-determination to end one's lifeat any time. A ban on euthanasia may benefit the right to life but it could mean an unwantedlife for many patients who suffer. A ban could also lead to a violation of personal integrity ofthe patient where they may experience not being taken seriously.There are, of course, several concerns and criticisms directed to a legalization of euthanasia.For example, patients who request euthanasia may be in a vulnerable position due to theirillness and/or lack of social or economic resources and therefore choose euthanasia. It canalso be that people would be pressured to request euthanasia. Another concern is that thelegalization of voluntary euthanasia could risk leading to the legalization of non-voluntaryeuthanasia, which means including other people in the euthanasia decision without their ownconsent. These risks are worth reflecting on and it is always difficult to balance the benefitsagainst risks concerning euthanasia. The best interests of the patient should be a guidingprinciple in decision-making in euthanasia and one should always try to reduce unnecessarysuffering.

There is long held belief by many jurists and academics in the United States that religious liberty cannot be fully protected without a vigorous application of the Establishment Clause. To non-Americans, especially from countries whose Constitution does not expressly contain a similar non-establishment clause, this idea that religious freedom cannot be fully protected without express non-establishment principles in either a written constitution or the jurisprudence interpreting it might seem to be at best foreign and at worst condescending. The purpose of this work is to determine how a country without an express equivalent of the Establishment Clause in its constitution protects those religious liberty interests that are most associated by Americans with non-establishment principles. Germany provides an example opportunity for such a comparison as its constitution arguably has no equivalent to the Establishment Clause, and the vast majority of its jurists and academics have rejected the idea of strict separation between church and state. The comparison here will be conducted in three stages. The first stage seeks to explain that while the history of institutional church/state relations in the United States and Germany is without a doubt different, the same cannot necessarily be said for the historical foundations of the individual religious liberty doctrines that have developed in both countries. The second stage will provide an overview of these doctrines and show that despite some similarities in the role religion has historically played in both societies, the doctrines of these two countries have indeed developed in a manner that stresses different aspects of religious liberty. In this stage, it will also be shown that many of the purposes served by the Establishment Clause are also interests that German courts take into consideration when applying German individual religious liberty doctrine. In the final stage, it will be shown that courts in both jurisdictions use non-establishment principles as a means of placing limits on actions taken by the government regarding religion, but these limits operate within two entirely different individual religious liberty schemes, and as such, the impact of these non-establishment principles varies. In this stage it will also be shown that while there is some transatlantic convergence taking place in specific areas of the individual religious liberty doctrines, these convergences will likely never be absolute because of the different religious doctrines into which courts in each country have incorporated non-establishment principles.

Ce travail prend pour objet d’abord de montrer que la pensée politique et national-socialiste de Heidegger est le vrai point d’appui de son anti-cartésianisme. Pour cela, je défends la thèse selon laquelle Heidegger a vu dans le national-socialisme une puissance de détruire la rationalité et tout ce qui se fonde sur le cartésianisme, et qu’il a considéré cette « destruction » comme métaphysiquement nécessaire à une « nouvelle expérience de l’être ». Ensuite, je me propose de lire Descartes à l’encontre de Heidegger. La pensée de Descartes, qui est celle de la sagesse humaine, s’oppose tant à la pensée de la donation ou de la technè (soit théologique, soit phénoménologique, soit ontologique) qu’à la pensée national-socialiste de Heidegger qui se fonde sur l’« absolutisme de l’être ». Enfin, je soutiens que la nécessité de la défense de l’humanité nous exhorte à relire la philosophie de Descartes. En effet, celle-ci a montré la voie à suivre pour qui aspire à la liberté humaine affranchie de tout absolutisme, et à une politique ou une société qui recherche un accord entre des idées différentes sans détermination ontologique préalable ni norme préétablie. / The first object of this dissertation is to show that Heidegger’s anti-cartesianism is based on his political and national socialistic thought. For this purpose, I defend the thesis that Heidegger saw in the National Socialism a power to destroy rationality and all that is derived from the Cartesianism, and that he regarded this « destruction » as metaphysically necessary for a new « experience of Being ». And then I propose to read Descartes against Heidegger. Descartes’ Philosophy is opposed not only to the thought of « donation » or technè (either theological, or phenomenological, or ontological) but also to the national socialistic thought of Heidegger, which relies on the « absolutism of Being ». My final thesis is that Descartes’ philosophy showed a way toward human being’s liberation from every kind of absolutism and toward a politics or a society, which seeks an agreement between different opinions without ontological precondition or preestablished norm.

In 2011, France was the first European country to enforce the Concealment Act which statesthat any type of face concealing clothing in the public sphere is banned. France is a memberof the European Union, and the right to freedom of thought, religion and conscience is one ofthe significant fundamental human rights. Thus, questions arise whether this legislationinterferes with the religious liberty of Muslim women. This research is evaluating how thecontemporary ban is related to religious liberty when accounting for the historicalbackground. The research addresses the continuous attempt of France, especially afterIslamic terror attacks, to restrict the Islamic clothing and assimilate the French andwesternized identity to Muslim women. The principle of laicite and France’s historicalbackground shows the country's strong separation of religion and state.

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