Exploring Ricoeur’s hermeneutic theory of interpretation as a method of analysing research texts Increasingly, researchers use hermeneutic philosophy to inform the conduct of interpretive research. Congruence between the philosophical foundations of a study, and the methodological processes through which study findings are actualised, obliges hermeneutic researchers to use (or develop) hermeneutic approaches to research interviewing and textual analysis. Paul Ricoeur’s theory of interpretation provides one approach through which researchers using hermeneutics can achieve congruence between philosophy, methodology and method.Ricoeur’s theory of (...) interpretation acknowledges the interrelationship between epistemology (interpretation) and ontology (interpreter). Also, Ricoeur notes the way interpretation moves forward from naive understanding, where the interpreter has a superficial grasp of the whole of the text, to deeper understanding, where the interpreter understands the parts of the text in relation to the whole and the whole of the text in relation to its parts (the hermeneutic circle). In this way, Ricoeur’s theory of interpretation provides researchers with a method of developing intersubjective knowledge.Through exposition of the concepts of Ricoeur’s theory, which include distanciation, appropriation, explanation and understanding, guess, and validation, a hermeneutic approach to textual analysis is presented, discussed and critiqued. Examples from nursing research are also used to demonstrate points under discussion. It is suggested that, in conjunction with Gadamer’s hermeneutic of understanding, Ricoeur’s theory of interpretation warrants consideration as a method of textual analysis. (shrink)

By way of introduction I want first to distinguish between several types of pluralism; then I want to consider more closely the pluralism of norms and values in order to formulate, finally, the problem that is central to this essay, the problem of particular versus universal norms.

Praxis, Language, Dialogue Human engagement with the world develops and evolves into increasingly social, complex, and explicit modes. This essay examines the evolution of meaningful human engagement from simple embodied activity, to language-less social praxis, and then to praxis incorporating increasingly rich forms of linguistic action, culminating in theory. Each mode of meaningful engagement creates a space in which new modes of meaning can develop. These new ways of experiencing, acting, and communicating create their own meaning contexts, which provide the (...) settings for the further evolution of humans' phenomenological, hermeneutic, and practical involvements. Each mode of meaning gives rise to its successors, allowing humans to acquire new powers to understand and manipulate their environments and each other. This increase and refinement of human power raises ethical issues that we address using the Gadamerian concept of dialogue. (shrink)

Gadamer’s notion of dialogical truth relies on the claim that self and world “belong together” as aspects of a single, unitary phenomenon, one which is made manifest in language. This view has difficulty, however, accounting for that which is untruthful. To get past this obstacle I suggest that we turn to Nishida’s work, which shows how we can bring self and world together into a kind of harmony such that the cultivation of perception makes possible truthful expression.

The human science or qualitative approaches to research have always argued that methodology must be determined by the subject matter under study. Yet the same approaches to data collection (i.e., the qualitative interview) and data analysis have been utilized by these approaches since their inception. The most essential lesson of van den Berg's metabletics is that no phenomenon is static or absolute. If human phenomena are ever-changing then the methodologies we use to study them must also change and adapt, so (...) that we can more fully and authentically capture their meaning structures. This paper will develop this argument, and demonstrate the limitation of interviews for the study of the changing nature of human phenomena, utilizing psychotherapy research as an example. (shrink)

Is there a significant difference between Plato's texts and what is known as 'Platonism', that is, the philosophical tradition that claims Plato as its progenitor? Focusing on the Symposium, an attempt is made here to show that, far from merely fitting neatly into the categories of Platonism—with its neat distinction between the super-sensible and the sensible—Plato's own text is a complex, tension-filled terrain of countervailing forces. In the Symposium this tension obtains between the perceptive insights, on the one hand, into (...) the nature of love and beauty, as well as the bond between them, and the metaphysical leap, on the other hand, from the experiential world to a supposedly accessible, but by definition super-sensible, experience-transcending realm. It is argued that, instead of being content with the philosophical illumination of the ambivalent human condition—something consummately achieved by mytho-poetic and quasi-phenomenohgical means—Plato turns to a putatively attainable, transcendent source of metaphysical reassurance which, moreover, displays all the trappings of an ideological construct. This is demonstrated by mapping Plato's lover's vision of 'absolute beauty' on to what Jacques Lacan has characterized as the unconscious structural quasi-condition of all religious and ideological illusion. (shrink)

This essay provides a close study of the international horizons of Kallol, a Bengali literary journal, published in post-World War I Calcutta. It uncovers a historical pattern of Bengali intellectual life that marked the period from the 1870s to the 1920s, whereby an imperial imagination was transformed into an international one, as a generation of intellectuals born between 1885 and 1905 reinvented the political category of . Hermeneutics, as a philosophically informed study of how meaning is created through conversation, and (...) grounded in this essay in the thought of Hans Georg Gadamer, helps to reveal this pattern. While translocal vistas of intellectual life were always present in Bengali thought, the contours of those horizons changed drastically in the period under study. Bengali intellectual life, framed within a center (the foreign) and tik (international), as opposed to bilāt (England, or the West), to name the world abroad. The world outside empire increasingly became a resource and theme for artists and writers. Major changes in global geopolitical alignments and in the colonial politics of British India, and the relations between generations within Bengali bhadralok society, provide contexts for the rise of this international youth imagination. (shrink)

Currently, there is a resurgence of interests in phenomenology in education. This article sheds light on the importance of hermeneutical phenomenology in teaching and learning based on the lived experience of a Sioux Indian adolescent boy, elicited from an ethnographic case study conducted at an alternative high school in the US. Employing narrative inquiry, this article seeks phenomenological ways of understanding students' lived experiences and explores the meaning of the pedagogical practice of hermeneutical phenomenology in education. I delve into how (...) hermeneutical understanding of the phenomena of students' lived experience can catapult both students and teachers into the personal growth and development in a reciprocal way. It is my hope that such an understanding will facilitate an educational aim that focuses on the ontology of being and becoming while students' existence is brought to the center of teaching and learning. (shrink)

The present paper explores patients’ experience of lived space at the hospital and at home. To expand the understanding of the existential meaning of lived space the study revisited two empirical studies and a study of a meta-synthesis on health and caring. Phenomenological philosophy was chosen as a theoretical framework for an excursive analysis. The paper demonstrates that existential dimensions of lived space at the hospital and at home differ significantly. For the patients, the hospital space means alien territory as (...) opposed to the familiar territory of home. To some extent the experienced differences are due to the physical environment; however, as our analysis shows, other and more significant meanings are also involved. For patients, lived space at the hospital primarily concerns the influence of complex institutional power structures and specific cultural and social conventions, e.g. the role of the good patient and the ambiance of hospitals. Home, on the other hand, offers familiar lived space in which patients feel protected and safe. Further, the paper relates patients’ experience of lived space to a phenomenological view of lived space in order to illustrate the radical influence of illness on patients’ lifeworld and experience of lived space. The combination of illness and general discomfort may influence patients’ experience of home negatively; the former experience of home as a sanctuary changes into feelings of being left on one’s own and burdened by too much responsibility. Consequently, in the light of the increasing focus on patients’ self-monitoring at home, it is important for healthcare professionals to recognize the influence of spatial aspects on patients’ well-being both at the hospital and at home. (shrink)

The implementation in 2009–10 of the Early Years Learning Framework (EYLF) spearheaded the efforts of the Australian Commonwealth government to institute a national curriculum. The theme of the new early childhood framework follows three guiding concepts: Belonging, Being and Becoming. In this article, we discuss these three concepts in order to provide a theoretical context to the Early Years Learning Framework and to enrich the debate surrounding its writing and implementation. In particular, we address the significance of posing Belonging in (...) contiguity with the concepts of Being and Becoming. The authors suggest a strategy to cultivate a deeper appreciation of the dialectical relationships between sameness and difference, belonging and nothingness. Our premise is that ‘belonging’ refers essentially to different beings, and implicitly to the prospect of a ‘together-ness’ or identity according to which different beings are located, understood and associated, in order that Becoming can take effect. We offer these commentaries as a means of deepening conversation about the importance of scholarly approaches to philosophy for early childhood research, and especially with respect to curriculum and pedagogy. (shrink)

Incorporating Gadamer and other thinkers from the continental tradition, this essay is a close and detailed hermeneutic, phenomenological, and ontological study of the dialectic practice of Plato’s Socrates—it radicalizes and refutes the Socrates-as-teacher model that educators from scholar academic ideology embrace.

The concept of empathy in history education involves students in the attempt to think within the context of historical agents’ particular predicaments. Tracing the concept’s philosophical heritage to R. G. Collingwood’s philosophy of history and ‘re-enactment doctrine’, this article argues that our efforts in history classrooms to understand historical agents by their own standards are constrained by a tension that arises out of the need to disconnect ourselves from a present that provides the very means for understanding the past. Though (...) rather than serving to undermine the concept, it is proposed that the moderate hermeneutics of H.-G. Gadamer, through a positive conception of prejudice, tradition and temporal distance, transforms the factors typically seen as inhibitors to empathy’s operation into those that potentially enable it. The article aspires to shed new light on what is at play when history students engage in the intellectually demanding task of empathizing in history. (shrink)

Pádraig Hogan has argued for a powerful conception of education as epiphany that is illuminated by the work of Heidegger and Joyce. But what are we to make of Stephen Dedalus’ intention (pretension?) to ‘Remember your epiphanies’? Developing the phenomenological Erinnerungsversuch or ‘essay in memory’ of David Farrell Krell, I will examine three ‘epiphanic fragments’ from the literature of education. The problem of the temporality of the educational epiphany will be identified and a resolution will be attempted. I hope thus (...) to extend an ontological account of memory into the educational experience, and also to develop the educational significance of the remembered or recollected epiphany. The article concludes with some emerging thoughts on the relation of education, literature and vocation. (shrink)

In the present article we aim to explore the link between Merleau-Pontyan phenomenology and what we call sensory pedagogy. The latter connects to recent sensory ethnography as presented by S. Pink (Sensory ethnography. London: Sage; 2009). We discuss how these thoughts can be put to work in toddler pedagogy. This kind of sensory pedagogy challenges teachers to understand and encounter children through their embodied mind and senses.

The factors preventing registered nurses from failing students in practice are multifaceted and have attracted much debate over recent years. However, writers rarely focus on what is needed to fail an incompetent pre-registration nursing student in their final placement. This hermeneutic study explored the mentor experience of failing a pre-registration nursing student in their final placement. A total of 19 mentors were recruited from 7 different healthcare organisations in both inner city and rural locations in the southeast of England. Participants (...) took part in individual reflective interviews about their experience of failing a pre-registration nursing student in their final placement. These experiences were interpreted through a hermeneutic discovery of meaning. The new horizon of understanding which developed as a result of this research is framed within the context of moral stress, moral integrity and moral residue with the overall synthesis being that these mentors’ stories presented a new horizon of moral courage. (shrink)

Starting from the practice of hermeneutic phenomenological writing as it has been advanced by van Manen, this paper addresses the understanding of an ‘experiential givenness’ of the world as basis for our ‘lived writing’; an understanding that is essential to the new phenomenological writer if s/he is to be part of the phenomenological writing process. As the ultimate givenness of the world is the basis of knowledge, we constantly strive to “reach out on life beyond itself” (Gadamer, 1960/1985, p. 62), (...) and thus need the right language to let the phenomenological text speak. The phenomenological writer’s understandings of the chiasm of world and self, the depth of phenomenological awareness, and the interlacement of ethic-aesthetical poetic writing, are qualities discussed as essential for the phenomenological writer to understand in a felt–sensed way in order to write a phenomenological text. A deconstructive approach to (pre)reflective phenomenological writing is put forth by provocatively asking what it means to be involved in, and profoundly enclosed with the “wordliness of the world” (Saevi, 2011a, p. 3). The radical hermeneutic phenomenological openness to what it means to be human and how to encounter the human givenness of phenomenological seeing and writing renders it possible for the writer’s personal voice to evolve. (shrink)

According to Martin Buber’s philosophy of dialogue, our being-in-the-world is to be conceived of as an existential dialogue. Elsewhere, I have conceptualized the teacher–student-relation accordingly (see Jons 2008), as a matter of calling and responding. The conceptualization rests on a secularised notion of vocation, paving way for discovering, articulating and discerning pedagogical relations in a new way. In the present article, I take this conceptualization one step further, applying the concept of calling and responding to the pedagogical relation between a (...) learner—might it be a student or a scholar—and the subject studied. The aim of the study is to afford a new way of conceiving the process as well as the outcome of learning. Thinking learning within the framework of calling and responding means understanding the learner and the subject as addressing and responding to each other. This means that predicaments of the subject—such as the truths that the subject holds and the anomalies it suffers from—address the learner in e g lectures, readings, theories, assignments, challenging the knowledge of the learner and in responding to this address, the learner in turn challenges the truths of the subject. By paying heed to, responding responsibly and challenging each other, the outcome of learning becomes a twofold phenomenon, namely both the learner and the subject reconstituting themselves, enlarged by the contribution of each other’s mode of coming-into-presence. (shrink)

On the extreme wing of libertarian ideology are the individualist anarchists, who wish to dispense with government altogether. The quasi-legitimate functions now performed by government, such as the administration of justice, can, the anarchists claim, be provided in the marketplace. George H. Smith.

The overall purpose of this cross-country Nordic study was to gain further knowledge about maintaining and promoting dignity in nursing home residents. The purpose of this article is to present results pertaining to the following question: How is nursing home residents’ dignity maintained, promoted or deprived from the perspective of family caregivers? In this article, we focus only on indignity in care. This study took place at six different nursing home residences in Sweden, Denmark and Norway. Data collection methods in (...) this part of this study consisted of individual research interviews. Altogether, the sample consisted of 28 family caregivers of nursing home residents. The empirical material was interpreted using a hermeneutical approach. The overall theme that emerged was as follows: ‘A feeling of being abandoned’. The sub-themes are designated as follows: deprived of the feeling of belonging, deprived of dignity due to acts of omission, deprived of confirmation, deprived of dignity due to physical humiliation, deprived of dignity due to psychological humiliation and deprived of parts of life. (shrink)

The aim of this study was to understand how mothers experienced midwives' uncaring behaviour and actions during birth. Sixty-seven first-time mothers took part in the study, in which data were collected through interview. The interview text was analysed using hermeneutic text analysis. Nearly half of the mothers interviewed (n = 32) said that midwives did not care for them. The findings show that midwives' behaviour was humiliating when they ignored mothers and held them in contempt. The mothers felt further humiliated (...) when the midwives did not believe them, treated their bodies in a careless manner and tended to put blame on them. Through their behaviour and actions, some midwives have shown that they no longer have a caring attitude as an element of their professional practice and that they have ignored ethics by offending mothers' sense of dignity. (shrink)

Accepted standards of parental decisional autonomy and child best interests do not address adequately the complex moral problems involved in the care of critically ill children. A growing body of moral discourse is calling for the recognition of `tragedy' in selected human problems. A tragic dilemma is an irresolvable dilemma with forced terrible alternatives, where even the virtuous agent inescapably emerges with `dirty hands'. The shift in moral framework described here recognizes that the form of conduct called for by tragic (...) dilemmas is the practice of phronesis. The phronetic agent has acquired a capacity to discern good agency in tragic circumstances. This discernment is practiced through the artful creation of moral narratives: stories that convey that which is morally meaningful in a particular situation; that is, stories that are `meaning making'. The phronetic agent addresses tragic dilemmas involving children as a narrator of contextualized temporal embodied human (counter)stories. (shrink)

This paper reports part of a longitudinal research project, which sought to capture students’ conceptualization of caring practice as they progressed to different levels of study in a nursing diploma programme in Hong Kong. Model emulation was found to be an effective means of focusing students’ learning processes on the moral aspects of nursing practice. The theory of model emulation from a Chinese perspective and how it is applied to create a learning context to allow students to acquire a moral (...) sense of nursing are discussed. The participating students are invited to be sincere enquirers in the pursuit of the good embedded in practice through introspective self-examination and dialogue. They are asked to describe and share their experience of positive and negative examples of nursing in written accounts. Van Kaam’s phenomenological method was adopted to explicate the good and bad constituents of nursing from these examples, with the students assuming an active role in the explication process. The explication reveals that the students were able to articulate the good and bad practices in a variety of patient care situations. (shrink)

Rationality and the Genetic Challenge by Matti Häyry is a well-written and thoughtful book about important issues in the contemporary ethical discussion of genetics. The book is well structured around seven practical themes that the author takes to exemplify “the genetic challenge.” He also refers to them as “seven ways of making people better,” which the subtitle of the book already puts into question form: Making People Better? In the first chapter of the book, Häyry introduces these seven themes and (...) he discusses each of them in Chapters 3–9. In the remaining two chapters, 2 and 10, he describes the main normative positions analyzed in the book and clarifies his own methodology and position. He chooses six authors, or three pairs of authors, whom he takes to “represent the three normative doctrines of Western Moral philosophy” in order to demonstrate six “divergent rationalities” or “methods of genethics.” In this way, Häyry both summarizes the main prescriptive positions in contemporary bioethical debate and contrasts them with his own “nonconfrontational notion of rationality,” which aims to show that there is a variety of divergent, not mutually exclusive normative views, the justification of which “depends ultimately on the choice of worldviews, attitudes, and ideas about the foundation of moral worth”. (shrink)

This article explores the promises of critical hermeneutics as an innovative method and philosophy within the human sciences. It is argued that its success depends on its ability to articulate a theory of meaning with one of action and experience as well as its capacity to renew our understanding of the problem of ideology. First, critical hermeneutics must explain how cultural messages ‘show and hide’; that is, how the ambiguity of meaning always allows for a group to represent itself while (...) opening the door for distortion and domination. Second, critical hermeneutics ought to show how action can be best understood as opposing performances driven by ideological-moral views. Through an analysis of social movements, for instance, it is shown that any attempt to do justice could also and easily create exclusion. Third, critical hermeneutics has to clarify how tension and dualism within meaning and action are not to be dissociated from the self-interpretation of concrete individuals. A theory of experience is thus required in order to explain why the autonomy of the subject is finally at stake with regard to the problem of ideology. (shrink)

Although the linguistic turn is usually described in historical terms this article aims at combing the significant historical transitions with systematic philosophical considerations. Against the background of earlier rationalistic and empiricist trends particular attention is given to the successive epistemic ideals manifest in the conceptual rationalism of the Enlightenment, followed by the historicism of the 19th century and subsequently by the linguistic turn . An assessment of these transitions will explore systematic issues, in particular the relationship between universality and what (...) is individual , the difference between functional laws and type laws , and regarding the limits of concept formation the distinction between conceptual knowledge and concept-transcending knowledge . This distinction enables the introduction of a new understanding of the difference between rationalism and irrationalism . Apart from Dilthey the linguistic turn penetrated also the thought of thinkers such as Freud, Wittgenstein, Frankl, Heidegger, Habermas, Dooyeweerd and Gadamer, all of them (implicitly or explicitly) elaborated the initial criticism raised by Herder, Jacobi, Hamann, Heidegger and Gadamer against Kant‘s Critique of Pure Reason for neglecting language. After briefly referring to the connection between the linguistic turn and the idea of the meaningful construction of reality, the article ends with a concluding remark emphasizing the fact that no single concept-transcending usage of modal (aspectual) terms should be elevated above others or employed at the cost of other equally legitimate idea-statements. (shrink)

The article describes an extension of the original idea of the fifth dimension model to pre-school age. We found out that small schildren are not able to use in their activity the tasks formulated by the adults. Learning tasks inbedded in different narratives were used in 5D environments. Experimental research lead to a hypothesis on the status of narrative learning as ”transitory activity system” between play and school learning. The hypothesis is presented and a transitory model sketched. Examples on children’s (...) sense making and narrative learning in problem situations are are offered at the end of the article. (shrink)

Product design is a process in which multiple understandings of technology and society are transformed into characteristics of a product, into skills found in the design team, and finally, into scripts that prefigure the use of the technology. Because of its particular concern with mutual transformations of objects, social collectives and subjects, activity theory seems a potentially powerful framework for analyzing the complexity of product design work. I utilize the concepts of motive and object of activity to analyze an innovation (...) process in a small high-tech company. This analysis shows that engagement with the novel objects in the design process led to a significant transformation in the expertise, organization of work and dominant motive of the work community. In theoretical terms, the analysis suggests an alternative to the idea that an activity has one objectified motive which is instantiated in an object in the material world. It may be sensible to analyze product design as poly-motivated and its motives as instantiated in a number of different project-objects. (shrink)

Being diagnosed with cancer can be one of those critical incidents that negatively affect the self. Identity is threatened when physical, psychological, and social consequences of chronic illness begin to erode one’s sense of self and challenge an individual’s ability to continue to present the self he or she prefers to present to others. Based on the notion of illness trajectory and adopting a Ricoeurian narrative perspective, this theoretical paper shall explore the impact of cancer disease on identity and establish (...) the crucial importance of metaphor in the narratives of life with cancer. Findings indicate that in cancer narratives the illness experience supplies the narrative structure with temporal and spatial meeting points that make the narrative comprehensible and meaningful. Cancer forces identity changes not only from having to endure the long-term physical and psychosocial effects of the disease, but also from inevitable existential questions about life’s meaning. Improved medical knowledge today means improved ethnomedical practices. Metaphor can bridge the gap between the cancer experience and the world of technology and treatment, helping patients to symbolically control their illness. (shrink)

The philosophical and scientific literature on play is extensive and the approaches to the study, description, and explanation of play are diverse. In this paper I intend to provide an overview of approaches to play. My interest is in describing the most fundamental categories in terms of which play is characterized, explained, and evaluated. Insofar as these categories attempt to describe what kind of reality we are talking about when we make claims about play, I hope to clarify the metaphysics (...) of play. Once this categorical scheme is made clear, we will be in a better position to evaluate the task of definition, claims about the relation of sport and play, and assertions about the significance of play. First, I place the discussion in the context of Bernard Suits's account of play and some other recent approaches to play. Next, I distinguish the following approaches to play: (a) play as behavior or activity; (b) play as motive, attitude, or state of mind; (c) play as form or structure; (d) play as meaningful experience; (e) play as an ontologically distinctive phenomenon. There is a natural progression in the way the analysis unfolds. In the final section I argue that my analysis generates a pluralist, nonreductive account of play. (shrink)

This article examines the relationship between reflecting and making in the context of the new institutional connection between research and art/design. The article argues that while this new dispensation offers exciting possibilities for fruitful cross- and interdisciplinary development, caution is necessary to ensure that the artistic domain retains a level of autonomy within the broader university. For elucidation, the article initially looks to the early history of education in our fields and to Pierre Bourdieu's account of the "early moments of (...) the autonomization of the artistic field," in his critique of the "scholastic disposition." Bourdieu recognises "a repression of the material determinations of symbolic practices" within those early developments: in effect, a repression of those embodied, situated, and practical aspects of art and design production. He regards such repression as a trait of the broader academy, both then and in subsequent and recent periods. The article argues that this attitude still provides the impetus for what James Elkins refers to as "the incommensurability of studio art production and university life." The article further argues that a parity of esteem between reflecting and making is vital not only for the sake of the stability of the fields of art and design but for the ongoing development of the broader university. In this argument the article looks to the work of John Dewey, Martin Heidegger, and Hans-Georg Gadamer. (shrink)

School bullying continues to plague students around the globe. Bullying research to date has largely employed empirical methodologies, including both qualitative and quantitative approaches. Using a philosophical lens, this paper seeks to better understand the intentionality of bullying by considering the satisfaction derived in the tears of another. Specifically, current bullying research takes seriously the notion that bullying is primarily a problem between a bully and a victim (i.e. that the bully does not like the victim). In this paper I (...) suggest that the bully is bullshitting us and her/his project is far bigger than the victim s/he targets. In the final analysis bullying prevention, as well as education itself, requires us to take seriously not only the activities of students, but the desires (i.e. the ?I likes?) that help us understand when we are being bullshitted and when we are not. (shrink)

The article highlights the similarities between ancient Greek philosophy and Indian Upanisadic thinking as projects of self-transformation that resort basically to rational means. The strategyadopted combines two basic sets of tools. On the one hand, we resort to elements of contemporary internal critique of 'philosophy' in the West with an emphasis on revised aspects of ancient Greek tradition. On the other, we point to peculiar features of Indian Upanisadic thinking in order to help locating, identifying, and recognizing possible dormant/forgotten characteristics (...) of western philosophical projects. By doing so, we hope both traditions might emerge re-dignified in their role of leading men, through judicious rationality, to the knowledge of the ultimate Truth of beings. (shrink)

By exploring the meaning construction of Chinese citizenship stipulated in Chinese legislation and its interaction with social identities and human nature in the Chinese society, the present study investigates the nature and evolution of the conception of Chinese citizens through three selected cases from Chinese legislations, which illuminate that Chinese citizens are essentially persons with independent personalities defined by the rights and obligations stipulated in legislation. This conception is further strengthened by the entitlement to private properties and equality before law. (...) This conception of Chinese citizenship is concrete and meaningful in the sense that it is underpinned with reference to social identities as person, people and personality in Chinese legislations. The reference of the conception to human being constitutes the essence of Chinese legislation. The meaning construction of Chinese citizenship is indeed a dynamic process engineered in the social and cultural process. The findings on the evolution of the construction of Chinese citizenship in Chinese legislation suggest that the formation of legal identity through legislation varies greatly in different countries. Nevertheless, the realization of the conception of citizenship will necessarily be backed up by social identities as person, people and personality, which will be further strengthened and expanded by the legitimating of private properties and equality before law. Citizenship is achieved by social participants through mediation engineered within the social and cultural process. (shrink)

The article discusses the problem of interpretation in law. Are there some criteria by which we can distinguish a good interpretation from a bad one, interpretation from over-interpretation? It is argued in this article that there is always a choice in defining the meaning of a text and this choice can be seen as an ethical one. This article thus studies the question of limits of interpretation by focusing on the ethical elements of interpretation. It is argued here that legal (...) interpretation contains a requirement of justice that shapes the responsibility that the interpreter carries for his choices of meaning. Therefore the ethical elements of interpretation are especially pressing in the interpretation of legal texts. (shrink)