Issue
A dispute (or point of contention ) is the unresolved issue resulting from a dispute .
General
The determinative compound consists of the dispute and the question in the form of the as yet unanswered statement . The dispute may be a mere verbal dispute ( quibble , logomachy), a controversy ( defense ), mandatory dispute or a dispute be how Wilhelm Traugott Krug noted already 1834th While the controversy involves the confrontation of two or more points of view, the issue at issue is about an unresolved issue . Disputes arise from conflicting arguments , statements , claims , opinions or conflicting interests ( conflicts of interest ). In conflict research , the conflict is an irreconcilable position difference ( bone of contention ), whereas the issue at issue is more likely to be resolved.
content
The dispute is any sentence that can be argued about because it is asked whether it is true or false . The dispute demands a precise definition of the issue ( Latin punctum quaestionis ), a clear development of the contradiction of the controversial claims ( Latin status controversiae ) as well as the refutation of the foreign ones and the proof of one's own assertion.
species
There are disputes in all subject areas such as medicine , politics , law or science .
Widely discussed medical ethical issues are, for example, abortion or euthanasia . While the legislature has decided on certain legal consequences for the criminal law regulations (termination of pregnancy: § § 218 StGB to § 219b StGB, euthanasia: § § 216 StGB, § 217 StGB), the public discussion is in full swing. It is about whether and how these abstract issues should be regulated by law. In the case of termination of pregnancy, the ethical focus is on the old controversial issue of protecting the developing life either at the time of conception or only at the end of nidation ; the German legislator has opted for the latter variant.
Political disputes in domestic politics often arise from the conflicting interests of political parties , which can lead to polarization . Political problems and controversial issues are in many cases short-lived, so that a controversial issue discussed in the election campaign can disappear again after a short time. In foreign policy , political issues arise from conflicting state goals that can lead to political confrontation . The central issue in Europe has long been the German question . The dispute that arose in the Greek crisis essentially concerned the different views between Greece and the EU Commission about the Greek budgetary policy that did not comply with EU law . Foreign policy issues can escalate into conflict , which can lead to war through the threat of violence . The Middle East conflict is a prime example of an issue that has not ended by war.
A statement constitutes a legal dispute if it is relevant to the outcome of a legal dispute. Legal questions are disputed if at least two divergent legal opinions on the same topic clash. In practice, legal disputes play only a minor role, because mostly it is about determining how a case really happened. Disputes that are decisive for a legal dispute and on which one can have different opinions require a careful examination of the state of opinion in the specialist literature .
In scientific and philosophical theory, controversial issues stimulate the investigation of their decidability . According to Karl Popper's philosophy of science , it is only a scientific problem where the alternative points of view are fundamentally falsifiable . In contrast to this, it is with metaphysical problems, as Immanuel Kant classically formulated it in the foreword of his Critique of Pure Reason in 1781 : “Human reason has a special fate in a genre of its knowledge: that it is bothered by questions that it cannot refuse, because they are given to it by the nature of reason itself, which it cannot answer either, because they exceed all the capabilities of human reason. "
The classic controversial issue in science in general concerns the relationship between the natural sciences and the humanities . This scientific dispute culminated in the method dispute between neopositivism / critical rationalism on the one hand and critical theory on the other. Again and again, contradicting theories faced each other in a theoretical dispute. So was in the economics of Keynesianism 1963 competition by the monetarism that either the demand policy or the money supply in the foreground.
solution
Disputes can be treated like a problem , i.e. ended by problem solving . For example, the legal dispute between contracting parties can be resolved out of court through an agreement on one of the at least two legal opinions or through a compromise ( settlement ). If none of these alternatives are considered, but a solution is deemed necessary, the legal dispute remains through legal process . At the end of this, the court ruling also decides in favor of one of the existing legal opinions or the process ends with a court settlement .
The conflict resolution must be the personal goal of the disputing parties , because otherwise the direct confrontation, for example by breaking off the negotiations, may initially end, but can revive at any time. Conflict resolution is facilitated through constructive cooperation , the use of a culture of argument or the identification of common goals or interests . The controversial issues are in the foreground, not the persons representing them. A decision on the controversial facts is ultimately made through voting , discussion leader ( Ordre de Mufti ), influence , compromise , judge , withdrawal , victory ( strategic victory ), conviction or bargaining power .
Web links
Individual evidence
- ↑ Wilhelm Traugott Krug, General handbook of philosophical sciences , Volume 4, 1834, p. 81 .
- ↑ Wilhelm Traugott Krug, General handbook of philosophical sciences , Volume 4, 1834, p. 81
- Jump up ↑ Johann Ritter von Lichtenfels, Grundlinien der philosophischen Propädeutik , Vol. 1: Grundlinien der Logic , 1833, p. 129 .
- ^ Martin List / Maria Behrens / Wolfgang Reichardt / Georg Simonis, International Politics. Problems and Basic Concepts , 1995, p. 111 .
- ↑ Volker Krey / Manfred Heinrich, criminal law: special part without property offenses , 2008, p. 75 .
- ↑ Manfred Güllner u. a., The Federal Parliament election 2002: An investigation under the sign of high political dynamism , 2005, p. 103 .
- ↑ Thomas Jandach, Legal Expert Systems, 1993, p. 137.
- ↑ Walter Zimmermann, Klage, Expertise and Judgment , 2011, p. 10 .
- ↑ Karl Popper, Logic of Research , 1934, p. 8 ff.
- ↑ Immanuel Kant / Wilhelm Weischedel (eds.), Critique of Pure Reason , Volume II, 1781, p. 11 .
- ↑ Bernd Ulrich Biere, Linguistic Hermeneutics and Hermeneutic Linguistics , in: Germanistik in und für Europa, 2006, p. 495
