The fields of linguistic pragmatics and legal interpretation are deeply interrelated. The purpose of this paper is to show how pragmatics and the developments in argumentation theory can contribute to the debate on legal interpretation. The relation between the pragmatic maxims and the presumptions underlying the legal canons are brought to light, unveiling the principles that underlie the types of argument usually used to justify a construction. The Gricean maxims and the arguments of legal (...) interpretation are regarded as presumptions subject to default used to justify an interpretation. This approach can allow one to trace the different legal interpretive arguments back to their basic underlying presumptions, so that they can be compared, ordered, and assessed according to their defeasibility conditions. This approach allows one to understand the difference between various types of interpretive canons, and their strength in justifying an interpretation. (shrink)

Law is the main regulator of public relations, and the question of the proper use and understanding of legal language is essential for law enforcement. This topic is of interest to both lawyers and philosophers, who often join efforts to study it. This article attempts precisely to take such an interdisciplinary approach when examining legal rules as specific linguistic conventions. First of all, for the sake of a better and more thorough understanding of legal language, legal (...) norms are viewed both from the point of view of semantics and from the point of view of pragmatics. Therefore, for this purpose, a distinction is made between legal norms and legal provisions as their linguistic equivalent. Legal norms are then explored through Wittgenstein's Later Philosophy, which describes their semantic content. The pragmatic aspect of the question is explained through John Austin's theory, thus treating legal rules as a kind of specific speech act of a conventional nature. (shrink)

The paper proposes to grasp handwritten signature as a metaphysical invention of the so-called “Western” civilization, where the signature is supposed to make possible juridical identification of the person who wrote it. However, despite this expectation of reliability, the Western handwritten signature is an aporetic sign, which is considered to be authentic (unrepeatable) and conventional (repeatable) at the same time. Because the signature is a sign of juridical identification and its authenticity can always be forged, Jacques Derrida tries to deconstruct (...) the contradictory functioning of Western metaphysics, which leads to confusion in our expectations of authenticity and identity in our uses of signatures. By proposing a new reading of Derridean texts concerning writing, the paper focuses on the pragmatical paradox that grounds our contradictory legal politics of signing: because the exact manual reproduction of a line is impossible, no one can satisfy the legislative obligation to sign conformably to the model signature. That’s the aporia of trace’s recognition, which establishes the signature as a sign: on the one hand, the signature is supposed to represent the juridical identity of the person who traced it; on the other hand, the signature, which constantly changes its graphical form, makes every certain identification impossible. In order to question the juridical identity traditionally guaranteed by the signature, this paper invites to grasp the legal practice of signing as a subversive performativity, which is produced during the passage between recognition of juridical identity requested by the law and its simultaneous and inevitable transgression. Finally, the paper proposes a new approach to the signature as a visual performance of the self, based on a reevaluation of the altercation between Jacques Derrida and John Searle concerning the iterative character of traces and performatives. (shrink)

This chapter offers an overview of experimental legal philosophy with a special focus on questions in general jurisprudence, that part of legal philosophy that asks about the concept and nature of law. Much of the experimental general jurisprudence work has tended to follow the questions that have interested general jurisprudence scholars for decades, that is, questions about the relation between legal norms and moral norms. Wholesale criticism of experimental general jurisprudence is scant, but, given existing debates about (...) experimental philosophy generally, one can anticipate where disagreement is likely to occur. Outside of experimental general jurisprudence, there is plenty of vibrant discussion about how experimental results can enrich our understanding of various concepts that figure in everyday legal thought such as causation, intention, consent, or meaning. In the future, experimental legal philosophers should continue to consider the degree to which their project is purely descriptive or whether it is revisionary or pragmatic in its ambitions. Also, future work might consider whether to focus more attention on legal experts. (shrink)

The meaning of an utterance is often enriched by the pragmatic context in which it is uttered. This is because in ordinary conversations we routinely and uncontroversially compress what we say, safe in the knowledge that those interpreting us will ‘add in’ the content we intend to communicate. Does the same thing hold true in the case of legal utterances like ‘This constitution protects the personal rights of the citizen’ or ‘the parliament shall have the power to lay and (...) collect taxes’? This article addresses this question from the perspective of the constitutional originalist—the person who holds that the meaning of a constitutional text is fixed at some historical moment. In doing so, it advances four theses. First, it argues that every originalist theory is committed to some degree of pragmatic enrichment, the debate is about how much. Second, that in determining which content gets ‘added in’, originalists typically hold to a common knowledge standard for enrichment, protestations... (shrink)

This chapter does not presume to outline a new economic theory, nor a novel perspective on Jewish approaches to economy. Rather, it suggests the concept of pragmatic interestedness (PI) as means for thinking on the search for conscious or moral forms of capitalism. In short, pragmatic interestedness means that having interests is basic to human nature, and that interestedness is or can be non-egoistic and pro-social. This chapter proposes that PI, which has a significant role in normative Jewish tradition, can (...) contribute to the articulation of conscious capitalism. The chapter first defines what pragmatic interestedness is, and its opposite, namely disinterestedness (DI), which demands total impartiality. The second section considers the influential Christian concept of Agape or universal and egalitarian love, which is arguably at tension with eros and particular commitments (and with PI in this regard). It is argued that prominent modern philosophies secularize the Agape, especially Karl Marx’s Communism and Peter Singer’s Sentientism, in a way that marginalizes PI. The third section explores the appearance of pragmatic interestedness within rabbinic Jewish tradition, by (i) presenting the complicated duality of the concept of interest, (ii) emphasizing the recognition of human needs and interests in Judaism and (iii) highlighting Jewish sensitivity to the differences between various spheres of human commitment, and (iv) the role of market and economic considerations in Jewish tradition. The fourth section reflects more broadly on how PI may contribute to the conception of conscious or humane capitalism. (shrink)

The phrase _secundum quid et simpliciter_ is the Latin expression translating and labelling the sophism described by Aristotle as connected with the use of some particular expression “absolutely or in a certain respect and not in its proper sense.” This paper presents an overview of the analysis of this fallacy in the history of dialectics, reconstructing the different explanations provided in the Aristotelian texts, the Latin and medieval dialectical tradition, and the modern logical approaches. The _secundum quid_ emerges as a (...) strategy that is based on the pragmatic dimension of arguments, and in particular the complex passage from an utterance (what is said) to its logical form (a proposition in an argument). The medieval and modern logical theories attempted to explain from different philosophical perspectives how the pragmatically enriched semantic representation can be achieved, justified, and most importantly manipulated. The different analyses of this fallacy bring to light various dimensions of the pragmatics of arguments, and the complex interdependence between context, meaning, and inferences. (shrink)

Statutory interpretation involves the reconstruction of the meaning of a legal statement when it cannot be considered as accepted or granted. This phenomenon needs to be considered not only from the legal and linguistic perspective, but also from the argumentative one - which focuses on the strategies for defending a controversial or doubtful viewpoint. This book draws upon linguistics, legal theory, computing, and dialectics to present an argumentation-based approach to statutory interpretation. By translating and summarizing the existing (...) legal interpretative canons into eleven patterns of natural arguments - called argumentation schemes - the authors offer a system of argumentation strategies for developing, defending, assessing, and attacking an interpretation. Illustrated through major cases from both common and civil law, this methodology is summarized in diagrams and maps for application to computer sciences. These visuals help make the structures, strategies, and vulnerabilities of legal reasoning accessible to both legal professionals and laypeople. (shrink)

The speech-act approach to rules is commonplace in both Anglo-American and continental traditions of legal philosophy. Despite its pervasiveness, I argue in this paper that the approach is misguided and therefore intrinsically flawed. My critique identifies how speech-act theory provides an inadequate theoretical framework for the analysis of written discourse, a case in point being legal text. Two main misconceptions resulting from this misguided approach are the fallacy of synchronicity and the fallacy of a-discursivity. The former consists of (...) treating legal rules as if they were uttered and received in the same context, the latter consists of treating legal rules as relatively short, isolated sentences. Among the consequences of these fallacies are an excessive focus on the lawmakers’ semantic intentions and the neglect of the semantic and pragmatic complexity of rules as sets of utterances (discourses) -/- To redress these flaws, I propose analysing legal rules through the prism of complex text-acts. My paper presents the consequences of this revised approach for legal interpretation, supporting Joseph Raz's idea of minimal legislative intent. (shrink)

Fallibilism, as a fundamental aspect of pragmatic epistemology, can be illuminated by a study of law. Before he became a famous American judge, Oliver Wendell Holmes, Jr., along with his friends William James and Charles Sanders Peirce, associated as presumptive members of the Metaphysical Club of Cambridge in the 1870s, recalled as the birthplace of pragmatism. As a young scholar, Holmes advanced a concept of legal fallibilism as incremental community inquiry. In this early work, I suggest that Holmes treats (...) common law cases more like scientific experiments than as deductive applications of already clear rules. Common law rules may be seen as a product of 1) the conflicts that occur in society, 2) the channeling of conflicts into legal disputes, 3) the gradual accumulation of judicial decisions classified into groups, and 4) the development of consensual understanding, expressed in rules and principles, as to how future cases should be classified and decided. This does not involve only lawyers and judges. Especially in controversial cases, it may indirectly involve an entire community. The legal process is seen as an extended intergenerational process of inquiry. It illuminates the relation of thought, expression, and conduct among a community of inquirers, applied to the problems of social ordering. (shrink)

This paper explores the possibility that Hobbesian jurisprudence is best understood as a ‘third way’ in legal theory, irreducible to classical natural law or legal positivism. I sketch two potential ‘third theories’ of law -- legal pragmatism and legal dualism -- and argue that, when considered in its broadest sense, Leviathan is best viewed as an example of legal pragmatism. I consider whether this legal pragmatist interpretation can be sustained in the examination of Leviathan’s (...) treatment of civil law, and argue that the pragmatic interpretation can only be successful if we can resolve two textual issues in that chapter. First, while Hobbes argues that law entails the existence of public (sharable) reasons, he does not adequately defend the view that the sovereign is the unique authority over such reasons in all cases, especially as far as they concern known collective emergencies. Second, Hobbes both affirms and denies that a sovereign can fail to do justice, which is paradoxical. Both problems are best resolved by legal pragmatism, though the second problem resists a fully satisfying resolution. The upshot is that, although Leviathan ought to be regarded as an episode of legal pragmatism, there are trade-offs on every reading. (shrink)

This paper explores the possibility of a standard legal language (e.g. English) for a principled evolution of law in line with technological development. In doing so, reference is made to blockchain networks and smart contracts to emphasise the discontinuity with the liberal legal tradition when it comes to decentralisation and binary code language. Methodologically, the argument is built on the underlying relation between law, semiotics and new forms of media adding to natural language; namely: code and symbols. In (...) what follows, I will concentrate on the study of factors that explain why such approach can be fruitful for the future of law and innovation. I have three reasons for selecting this topic. The first is a more pragmatic reason, based on my current research of law as a linguistic phenomenon. Secondly, the topic does also touch the matter on binary code language, rivalrous to legal alphabetic language. Lastly, the study aims at emphasizing the pivotal role of the jurist as an interpreter in a changing society accommodating diverging realms of reality. The study is structured as follows. Firstly, a quick exam of the traits of blockchain networks would provide the contextual link to establish the arguments in support of the need of a standard legal language. Secondly, a comparison between liberal legal institutions and theory of semiotics is set to perceive their functioning and ascertain their limits in the light of todays unprecedented changes. Thirdly, a summary on blockchain networks’ legal features would constitute the thrust behind the idea of a uniform legal language. Methodologically, the argument does also establish some relations with classical laws of physics and philosophy of media. Its aim is to demonstrate how the suggested legal interpretation and semiotic-based approach can contribute to overcome existing stumbling blocks including, but not limited to, the lack of cooperation at the international level as well as the gap in State norms when it comes to innovation. In this sense, the proposed strategies do not intend to replace current advances in the legal thought. In contrast, it seeks to harmonise their results providing a methodical approach that can concur to inform a new technique to address new controversial issues. In practice, the proposed method regarding the adoption of a uniform legal language would lower transactive costs in terms of normative coordination in the matter of international cooperation and in the definition of applicable law among different legal systems. Alternatively, it might contribute to the convergence of legal systems and/or their underlying concepts. Differently put, article’s contribution can be envisaged in fostering juridical consistency with regards to different forms of languages’ coexistence. (shrink)

Medicine, like law, is a pragmatic, probabilistic activity. Both require that decisions be made on the basis of available evidence, within a limited time. In contrast to law, medicine, particularly evidence-based medicine as it is currently practiced, aspires to a scientific standard of proof, one that is more certain than the standards of proof courts apply in civil and criminal proceedings. But medicine, as Dr. William Osler put it, is an "art of probabilities," or at best, a "science of uncertainty." (...) One can better practice medicine by using other evidentiary standards in addition to the "scientific." To employ only the scientific standard of proof is inappropriate, if not impossible; furthermore, as this review will show, its application in medicine is fraught with bias. Evidence is information. It supports or undermines a proposition, whether a hypothesis in science, a diagnosis in medicine, or a fact or point in question in a legal investigation. In medicine, physicians marshal evidence to make decisions on how to best prevent, diagnose, and treat disease, and improve health. In law, courts decide the facts and render justice. Judges and juries assess evidence to establish liability, to settle custody and medical issues, and to determine a defendant's guilt or innocence. (shrink)

The Holy Scriptures can be considered a specific kind of normative texts, whose use to assess practical moral cases requires interpretation. In the field of ethics, this interpretative problem results in the necessity of bridging the gap between the normative source – moral precepts – and the specific cases. In the history of the Church, this problem was the core of the so-called casuistry, namely the decision-making practice consisting in applying the Commandments and other principles of the Holy Scriptures to (...) specific cases or moral problems. By taking into account the sin of lying, this paper argues that casuistic texts reveal an extremely sophisticated interpretative method, grounded on “pragmatic” contextual and communicative considerations and argumentative structures that resemble the ones used in legal interpretation. These works show how the underspecified biblical text expressing an abstract norm was enriched pragmatically by completing it and modulating its meaning so that it could be used to draw a conclusion in a specific context on a specific case. The mutual interdependence between biblical interpretation, pragmatics, and argumentation sheds light on a much broader phenomenon, namely the pragmatic nature of argumentation. (shrink)

The analysis of multimodal argumentation in advertising is a crucial and problematic area of research. While its importance is growing in a time characterized by images and pictorial messages, the methods used for interpreting and reconstructing the structure of arguments expressed through verbal and visual means capture only isolated dimensions of this complex phenomenon. This paper intends to propose and illustrate a methodology for the reconstruction and analysis of “double-mode” arguments in advertisements, combining the instruments developed in social semiotics, (...) class='Hi'>pragmatics, and argumentation theory. An advertisement is processed through a five-step path. The analysis of its context, text genre, and images leads to a first representation of the messages that it encodes both pictorially and verbally (step 1). These first semantic representations are further enriched by including their polyphonic articulations and presuppositions (step 2), their explicatures (step 3), and their dialogical functions and illocutionary forces (step 4). These pragmatic steps retrieve the commitment structure of the ad, which allows a further argument analysis conducted through argumentation schemes (step 5). (shrink)

Because of its non-representational nature, music has always had familiarity with computational and algorithmic methodologies for automatic composition and performance. Today, AI and computer technology are transforming systems of automatic music production from passive means within musical creative processes into ever more autonomous active collaborators of human musicians. This raises a large number of interrelated questions both about the theoretical problems of artificial musical creativity and about its ethical consequences. Considering two of the most urgent ethical problems of Musical AI (...) (music job replacement and machine musical authorship), we show in this essay the strict dependence of every form of acknowledgment of a moral and legal status to systems of automatic music production from the theoretical account of musical creativity by turns implicitly or explicitly adopted, arguing, on the basis of pragmatic reasons, for the necessity and the desirability of this acknowledgment. (shrink)

This study aimed to assess the effectiveness of remedial instruction in improving the numeracy skills of Grade 7 students at Malbug National High School during the school year 2023-2024. Adopting a quasi-experimental research design, the research focused on Grade 7 students at Malbug National High School, Cawayan East District, Masbate Province Division, Philippines, identified as non-numerates, employing pre-tests and post-tests as essential research tools. The independent variable was the remedial instruction in numeracy, while the dependent variable was students' numeracy performance (...) measured through pre-tests and post-tests. Before the intervention, the pre-test numeracy performance exhibited a varied distribution of students across different score ranges. A majority fell into the "Needs Major Support" category, emphasizing the necessity for targeted interventions. The post-test results, however, revealed a remarkable improvement, with 87.88% of initially non-numerate students achieving scores in the "Transforming" range. A thorough statistical examination validated a notable disparity in the scores obtained before and after the instructional intervention, substantiating the favorable influence of remedial instruction. The calculated t-value of 19.594, exceeding the critical t-value, led to rejecting the null hypothesis. In conclusion, the study emphasizes the need for tailored interventions based on the initial deficiency in numeracy skills. The post-test results underscored the success of remedial instruction in fostering substantial growth. The study recommends sustaining the remedial program, implementing periodic assessments, providing teacher training, involving parents in students' development, allocating adequate resources, and further research in other schools to strengthen findings. (shrink)

This capstone project aimed to enhance the operational efficiency of school transactions at Mary Perpetua E. Brioso National High School (MPEBNHS) in response to challenges posed by the COVID-19 pandemic. This goal was achieved by developing and implementing the Mobile-Based Selected School Services Application, "iSkulSerb." The development of iSkulSerb followed the systematic approach of Borg and Gall's (1983) Research and Development (R&D) methodology for creating and validating educational products. To ensure the validity and reliability of the application, it underwent rigorous (...) examination by both IT and education experts. Additionally, survey questionnaires were administered during the project's implementation to assess the impact of iSkulSerb's features on school stakeholders. The research findings highlighted positive perceptions and outcomes related to iSkulSerb. Stakeholders demonstrated a favorable acceptance of the application, as evidenced by an overall weighted mean of 4.34. The accessibility of school services saw a substantial improvement, reflected in the weighted mean of 4.37. User-friendliness also received positive feedback, with an overall weighted mean of 4.27. These findings suggest that iSkulSerb effectively addresses the challenges faced by the school, contributing to enhanced operational efficiency and improved stakeholder experiences. Given the demonstrated reliability and efficacy of iSkulSerb, there is a compelling case for its widespread adoption across other public schools within the Schools Division of Masbate Province. The positive reception and success metrics indicate that iSkulSerb can serve as a benchmark for other regional schools. (shrink)

Speech and thought about what the law is commonly function in practical ways, to guide or assess behavior. These functions have often been seen as problematic for legal positivism in the tradition of H.L.A. Hart. One recent response is to advance an expressivist analysis of legal statements (Toh), which faces its own, familiar problems. This paper advances a rival, positivist-friendly account of legal statements which we call “quasi-expressivist”, explicitly modeled after Finlay’s metaethical theory of moral statements. This (...) consists in a descriptivist, “rule-relational” semantics combined with a pragmatic account of the expressive and practical functions of legal discourse. We argue that this approach is at least as well-equipped as expressivism to explain the motivational and prescriptive features of “internal” legal statements, as well as a fundamental kind of legal disagreement, while being better positioned to account for various “external” uses of the same language. We develop this theory in a Hartian framework, and in the final part of the paper argue (particularly against Toh’s expressivist interpretation) that Hart’s own views in The Concept of Law are best reconstructed along such quasi-expressivist lines. (shrink)

Legal definitions will be examined from three perspectives: their pragmatic function, their propositional structure, and their argumentative role. In law, definitions can be used for different pragmatic purposes: they can be uttered to describe a concept, or to establish a new meaning for a term. The propositional content of definitional speech acts can be different. In law, like in ordinary conversation, there might be different types of definition: we can define by providing examples, or showing the fundamental characteristics of (...) the concept defined, or listing the constituent parts of the denotatum. All these definitions play different argumentative roles in legal discourse. At a third level, definitions can be thought of as premises in complex patterns of reasoning (for the subject of reasoning from definition in law, see Aarnio 1977; Moore 1980; Lindahl, 2004). They constitute the fundamental element of argument from classification, namely a pattern of inference in which a new property (or a name) is attributed to an entity on the basis of other properties. (shrink)

This paper proposes an argumentation-based procedure for legal interpretation, by reinterpreting the traditional canons of textual interpretation in terms of argumentation schemes, which are then classified, formalized, and represented through argument visualization and evaluation tools. The problem of statutory interpretation is framed as one of weighing contested interpretations as pro and con arguments. The paper builds an interpretation procedure by formulating a set of argumentation schemes that can be used to comparatively evaluate the types of arguments used in cases (...) of contested statutory interpretation in law. A simplified version of the Carneades Argumentation System is applied in a case analysis showing how the procedure works. A logical model for statutory interpretation is finally presented, covering pro-tanto and all-things-considered interpretive conclusions. -/- . (shrink)

Pragmatic vindicatory genealogies provide both a cause and a rationale and can thus affect the space of reasons. But how far is the space of reasons affected by this kind of genealogical argument? What normative and evaluative implications do these arguments have? In this paper, I unpack this issue into three different sub-questions and explain what kinds of reasons they provide, for whom are these reasons, and for what. In relation to this final sub-question I argue, most importantly, that these (...) arguments are ambiguous about what they give us reasons for, meaning that they can be interpreted both as justifications for recognizing the normative standing of certain norms, values, and practices - and thus for living by them - and as excuses for those that do so. I illustrate this point by reference to the genealogical vindication of honour cultures, showing how the vindicatory argument can illuminate such case as one of excusing moral ignorance. Drawing on legal theory and moral philosophy, I show that different evaluative and normative implications hang on the result of the interpretation as either justification or excuse, and show that this ambiguity is a virtue rather than a limitation. (shrink)

This book shows how research in linguistic pragmatics, philosophy of language, and rhetoric can be connected through argumentation to analyze a recognizably common strategy used in political and everyday conversation, namely the distortion of another’s words in an argumentative exchange. Straw man argumentation refers to the modification of a position by misquoting, misreporting or wrenching the original speaker’s statements from their context in order to attack them more easily or more effectively. Through 63 examples taken from different contexts (including (...) political and forensic discourses and dialogs) and 20 legal cases, the book analyzes the explicit and implicit types of straw man, shows how to assess the correctness of a quote or a report, and illustrates the arguments that can be used for supporting an interpretation and defending against a distortion. The tools of argumentation theory, a discipline aimed at investigating the uses of arguments by combining insights from pragmatics, logic, and communication, are applied to provide an original account of interpretation and reporting, and to describe and illustrate tactics and procedures that can be used and implemented for practical purposes.. This book will appeal to scholars in the fields of political communication, communication in general, argumentation theory, rhetoric and pragmatics, as well as to people working in public speech, speech writing, and discourse analysis. (shrink)

In this paper it is shown how certain defeasible argumentation schemes can be used to represent the logical structure of the most common types of argument used for statutory interpretation both in civil and common law. The method is based on an argumentation structure in which the conclusion, namely, the meaning attributed to a legal source, is modeled as a claim that needs that is be supported by pro and con defeasible arguments. The defeasible nature of each scheme is (...) shown by means of critical questions, which identify the default conditions for the accepting interpretative arguments and provide a method for evaluating a given argument as weak or strong. (shrink)

The problem of establishing the best interpretation of a speech act is of fundamental importance in argumentation and communication in general. A party in a dialogue can interpret another’s or his own speech acts in the most convenient ways to achieve his dialogical goals. In defamation law this phenomenon becomes particularly important, as the dialogical effects of a communicative move may result in legal consequences. The purpose of this paper is to combine the instruments provided by argumentation theory with (...) the advances in pragmatics in order to propose an argumentative approach to meaning reconstruction. This theoretical proposal will be applied to and tested against defamation cases at common law. Interpretation is represented as based on a hierarchy of interpretative presumptions. On this view, the development of the logical form of an utterance is regarded as the result of an abductive pattern of reasoning in which various types of presumptions are confronted and the weakest ones are excluded. Conflicts of interpretations and equivocation become essentially interwoven with the dialectical problem of fulfilling the burden of defeating a presumption. The interpreter has a burden of explaining why a given presumption is subject to default, assuming that the speaker is reasonable and acting based on a set of shared expectations. (shrink)

Dworkin’s famous argument from legal disagreements poses a problem for legal positivism by undermining the idea that the law can be (just) the result of the practice and attitudes of norm-applying officials. In recent work, the chapter author argued that a hybrid contextualist theory paired with a dispositional theory of value—a hybrid dispositionalism, for short—offers the resources to respond to similar disagreement- based arguments in other evaluative and normative domains. This chapter claims that the theory the author advocates (...) can extend to legal statements and disputes, and shares some important features with Toh’s (2011) idea that legal statements express shared acceptance of norms. The chapter proposes that a contextualist semantics for legal statements paired with the pragmatic communication of implicatures that express shared acceptances of norms, achieves the same goal that Toh aims at. (shrink)

Resources for Feminist Research, Vol. 3, No. 4, pp. 44-45, 1985 In this brief article, written in 1984 and published the following year, Lucinda Vandervort sets out a comprehensive agenda for enforcement of sexual assault laws in Canada. Those familiar with her subsequent writing are aware that the legal implications of the distinction between the “social” and “legal” definitions of sexual assault, identified here as crucial for interpretation and implementation of the law of sexual assault, are analyzed at (...) length in “Mistake of Law and Sexual Assault: Consent and Mens Rea” (1986), published at (1987-88) 2(2) Canadian Journal of Women and the Law, 233 309. In that article the author argued that most mistakes about consent are not mistakes about a “fact” that may sometimes negative mens rea, but are actually mistakes about the law that afford accused no excuse under either Canadian common law or statutory criminal law. She argued further that consent must be interpreted as “voluntary agreement” and must be affirmatively and unequivocally communicated in order to operate as an effective waiver of a person’s legal right to be free from interference with his or her bodily integrity. That article was a central reference point in the consultations leading to the 1992 amendments to the sexual assault provisions in the Canadian Criminal Code and in some key decisions by the Supreme Court of Canada in sexual assault cases in the 1990’s. As a result of a gradual transformation of theoretical analysis of the law of mens rea and consent in Canada, culpable awareness is now understood by many jurists and criminal law theorists quite differently than it was twenty-five years ago. As Vandervort acknowledged in her 1984 Agenda for Action, however, clarity in legal theory and legal doctrine is no guarantee of how sexual assault laws will operate in practice. Theory and practice, doctrine and its implementation, often diverge. This phenomenon is still seen in some decisions taken at the trial, pre-trial, and pre-charge stages in sexual assault cases. Police, prosecutors, and many trial judges, like accused, may often be influenced by traditional attitudes about sexual consent and mistaken about the law of consent. Accordingly, in her recent work Vandervort re-visits and re-examines the exercise of discretion by police, prosecutors, and the judiciary. An example is her 2009 article “Legal Subversion of the Criminal Justice Process? Judicial, Prosecutorial and Police Discretion in R. v. Edmondson, Kindrat and Brown” in Sexual Assault Law, Practice & Activism in a Post-Jane Doe Era, edited by Elizabeth Sheehy (Ottawa: University of Ottawa Press, 2012). In this and some of her other recent work, the distinctions between social and legal norms and questions of fact and law, previously analyzed with the objective of clarifying the law, are used to control the effects of social ignorance and partiality in the handling of sexual assault complaints by decision-makers in the criminal justice system at trial and pre-trial. Lucinda Vandervort’s published and unpublished legal and philosophical writings on sexual assault and sexual assault law illustrate the development of a socio-legal scholar’s “Agenda for Action” into a principled, pragmatic, open-ended exercise in “institutional design.” Across two centuries, from the revolutionary era of the 18th century to the present, other radical egalitarians would recognize both the impetus for the project and many features of the political and cultural resistance to it. (shrink)

The debate regarding the role of conscientious objection in healthcare has been protracted, with increasing demands for curbs on conscientious objection. There is a growing body of evidence that indicates that in some cases, high rates of conscientious objection can affect access to legal medical services such as abortion—a major concern of critics of conscientious objection. Moreover, few solutions have been put forward that aim to satisfy both this concern and that of defenders of conscientious objection—being expected to participate (...) in the provision of services that compromise their moral integrity. Here we attempt to bring some resolution to the debate by proposing a pragmatic, long-term solution offering what we believe to be an acceptable compromise—a quota system for medical trainees in specialties where a conscientious objection can be exercised, and is known to cause conflict. We envisage two main objectives of the quota system we propose. First, as a means to introduce conscientious objection into countries where this is not presently permitted. Second, to minimise or eliminate the effects of high rates of conscientious objection in countries such as Italy, where access to legal abortion provision can be negatively affected. (shrink)

Even though co‐parenthood is one of the most significant close personal relationships that people can have, there is relatively little philosophical work on the moral duties that co‐parents owe each other. This may be due to the increasingly questionable assumption, still common in our societies, that co‐parenthood arises naturally from marriage or romantic coupledom and thus that commitment to a co‐parent evolves from a commitment to a marital or romantic partner. In this article, we argue that co‐parenthood should be seen (...) as a relationship in its own right, which generates specific moral duties. Co‐parents should come to explicit agreements with each other regarding the most important areas of potential conflict between them. Such agreements may have to be renegotiated over time. We explore some possible non‐negotiable co‐parental duties such as the duties not to alienate the child from the other parent(s) and not to trap a co‐parent in a particularly vulnerable situation. We consider some legal and societal implications of our argument and, finally, suggest some pragmatic benefits of our proposal. (shrink)

Social media platforms allow users to perform different speech acts: status updates could be assertives, a like is an expressive, a friendship request is a directive, and so on. But sharing (or "retweeting") seems to lack a fixed illocutive status: this explains why present controversies concerning the sharing of misinformation have been debated in legal procedure and discussed from the point of view of personal responsibility without reaching a general consensus. The premise of this paper is that the diffusion (...) of false or unwarranted information could be better analyzed if we consider sharing a precisely definable speech act. I will describe some dominant interpretations of the act of sharing that are not, however, sufficient to fully explain it. As an alternative, it will be shown that there is a specific illocutive structure of the act of sharing, which not only consists in asserting the "shareworthiness" or the relevance of a content, but is primarily comparable to an "attention-orienting" directive. (shrink)

This book analyzes the uses of emotive language and redefinitions from pragmatic, dialectical, epistemic and rhetorical perspectives, investigating the relationship between emotions, persuasion and meaning, and focusing on the implicit dimension of the use of a word and its dialectical effects. It offers a method for evaluating the persuasive and manipulative uses of emotive language in ordinary and political discourse. Through the analysis of political speeches and legal arguments, the book offers a systematic study of emotive language in argumentation, (...) rhetoric, communication, political science and public speaking. (shrink)

The linguistic meaning of a word in a language is what fully competent speakers of the language have a grasp of merely in virtue of their semantic competence. The meanings of words sometimes change over time. 'Meat' used to mean 'solid food', but now means 'animal flesh eaten as food'. This type of meaning change comes with change of topic, what we’re talking about. Many people interested in conceptual engineering have claimed that there is also meaning change where topic is (...) retained. For example, they claim that the meanings of ‘fish’ and ‘pasta’ have undergone such change and that the meaning of 'marriage' would change this way after gay marriages become legal and widely accepted. In this paper I relate two sets of relatively independent literatures: mainstream philosophy of language and conceptual engineering to argue that on a plausible and widely accepted Minimalist view of meaning that is part and parcel of anti-descriptivism none of the above sorts of cases involve meaning change with topic retention. I do this by showing how to distinguish minimalism about meaning from the related theses of externalism and anti-individualism about intension and how to separate meaning from intension in a way that allows meaning and topic to remain the same despite changes in intension. The larger lesson is that much like we shouldn’t disregard the boundary between the narrowly meaning-related (“semantics”) and the more broadly communication-related (“pragmatics”), we shouldn’t disregard the boundary between the former and the more broadly thought-related, conceptual or cognitive (“cognition”). (shrink)

“Objectivity” is an important theoretical concept with diverse applications in our collective practices of inquiry. It is also a concept attended in recent decades by vigorous debate, debate that includes but is not restricted to scientists and philosophers. The special authority of science as a source of knowledge of the natural and social world has been a matter of much controversy. In part because the authority of science is supposed to result from the objectivity of its methods and results, objectivity (...) has been described as an “essentially contested,” and even an “embattled” concept. The concept of objectivity has important but contested applications outside of scientific practices as well. Philosophers, psychologists, and theologians debate whether there is an objective basis for ethical claims and demands. Legal scholars debate what it would mean for laws to be objectively derivable from basic assumptions about justice and equality. One aim of this book is to guide readers through the often volatile debates over the nature and value of objectivity. Another aim is to contribute to that debate through articulating the domain-variance of norms of objectivity, and their different functions for inquirers. A better understanding of the underdetermination problem, and of the many ways that "epistemic" and "social" values rub shoulders in the course of inquiry, aids the development of my pragmatic pluralist account of objectivity. (shrink)

Statistical evidence—say, that 95% of your co-workers badmouth each other—can never render resenting your colleague appropriate, in the way that other evidence (say, the testimony of a reliable friend) can. The problem of statistical resentment is to explain why. We put the problem of statistical resentment in several wider contexts: The context of the problem of statistical evidence in legal theory; the epistemological context—with problems like the lottery paradox for knowledge, epistemic impurism and doxastic wrongdoing; and the context of (...) a wider set of examples of responses and attitudes that seem not to be appropriately groundable in statistical evidence. Regrettably, we do not come up with a fully general, fully adequate, fully unified account of all the phenomena discussed. But we give reasons to believe that no such account is forthcoming, and we sketch a somewhat messier account that may be the best that can be had here. (shrink)

In Law, Pragmatism and Democracy, Richard Posner wrestles with the ghost of John Dewey for the mantle of pragmatist jurisprudence. Most commentators have seen this work as pitting Posner against Dewey in a contest of pragmatisms, the stakes for which are no less than their respective legacies for legal and democratic theory. Some have sided with Posner and others with Dewey. I contend that the commentators have misidentified the target of Posner’s critique. Posner had another legal theorist in (...) mind and he was disingenuous in naming Dewey. A careful reconstruction of Posner’s argument shows that Dewey’s pragmatism provides a genuine middle way between Posner’s position and that of his intended rival. (shrink)

An extensive literature on pragmatism and compromise, as well as their relationship to civic and political leadership, can be found in the field of Public Administration (hereafter PA). PA is broadly defined as that discipline of study addressing the development, institutionalization and reconstruction of bureaucratic-governmental organizations as well as the policies they are tasked to implement—or more “[s]imply stated . . . the management of government agencies." However, the literature is not limited to the works of PA scholars and practitioners. (...) It also encompass the writings of philosophers, and specifically philosophical pragmatists, who can contribute “a kind of methodological sophistication that either sharpens the issues at point in public controversy or discloses the absence of real or genuine issues, thus clarifying the options open for decision." In this literature, questions arise as to how unelected leaders in governmental bureaucracies are guided by pragmatism or pragmatic ideas to (i) negotiate with stakeholders to fashion appropriate compromise agreements, (ii) solve policy problems within a zone of legally mandated authority, (iii) clearly articulate the scope and content of that body of knowledge considered PA scholarship, (iv) understand the origins of PA as a distinct discipline and (v) bridge between the abstract principles offered by PA theorists and the concrete practices of bureaucratic-governmental organizations and public administrators. Classified thematically, these issues fit into four areas: first, controversy over whether administrative action is legitimate (i and ii); second, the PA’s identity crisis as a discipline (iii and iv); third, the gap between theory and practice (v); and fourth, the difficulty of integrating pragmatism and PA (i through v). (shrink)

The interpretation and the indirect reporting of a speaker’s communicative intentions lie at the crossroad between pragmatics, argumentation theory, and forensic linguistics. Since the leading case Masson v. New Yorker Magazine, Inc., in the United States the legal problem of determining the truth of a quotation is essentially equated with the correctness of its indirect reporting, i.e. the representation of the speaker’s intentions. For this reason, indirect reports are treated as interpretations of what the speaker intends to communicate. (...) Theoretical considerations, aimed at establishing the pragmatic meaning of an utterance and differentiating between presumptive and non-presumptive interpretation, are thus interwoven with the practical legal need of distinguishing a correct indirect report from an indirect one or a misquotation. An incorrect report or a misquotation has the dialectical effect of attributing to the misquoted party commitments that he never held, which the latter needs to rebut. This shifting of the burden of persuasion can be increased by using strategically the conflict between the presumptive interpretation of an utterance and the non-presumptive one, i.e. the different types of pragmatic ambiguity. When an interpreter is confronted with an utterance taken out of its dialogical context, his interpretative process is not guided by the actual context or intention, but rather the most frequent or prototypical dialogical setting or the most typical individual purpose that it could have served to achieve. This presumptive reconstruction can be used to provide a prima facie case that the other party needs to reject. The stronger the interpretative presumptions a speaker needs to rebut, the more effective the misquotation strategy. The conflict between the systematic and the presumptive process of interpretation can be represented as an argumentative mechanism of reconstruction of the individual intention, which allows one to assess the reasonableness of the interpretative reasoning. (shrink)

This paper addresses five questions: First, what is trajectory of Western liberal ethics and politics in defining life, rights and citizenship? Second, how will neuro-remediation and other technologies change the definition of death for the brain injured and the cryonically suspended? Third, will people always have to be dead to be cryonically suspended? Fourth, how will changing technologies and definitions of identity affect the status of people revived from brain injury and cryonic suspension? I propose that Western liberal thought is (...) working towards a natural end, a “telos.” In response to a variety of biotechnologies, law and public opinion in liberal democracies will be forced to make explicit that the rights of a living thing are determined by its level of consciousness. I discuss the way that technology will force three clarifications about the value of consciousness, at the beginning, the end and boundaries of human life. Sentience and personhood will become the basis of moral concern, regardless of its media. Just as human rights have become independent of race, gender and property, rights will become independent of being a breathing human being. But even as we make this transition, the cryonically preserved are still likely to be considered dead for pragmatic reasons, albeit with gradually increasing rights as technology makes their reanimation increasingly probable. I suggest that it could be acceptable to cryonicists that the frozen continue to be defined as dead if assisted suicide can be legalized. Under a liberal assisted suicide policy cryonicists might be allowed to carry out suspension before a declaration of death, preserving the maximum amount of neural information. The gradual redefinition of life and personal identity in terms of psychological continuity will also have consequences for the legal status of the reanimated. If, due to information loss, the reanimated do not meet a threshold of psychological continuity, they may be considered new persons. Cryonicists may therefore wish to specify ahead of time whether they are still interested in being reanimated if pre-animation assessment suggests that the result will not meet the necessary threshold of continuity. Finally, I touch on the way that neural technology will fundamentally problematize the separate, autonomous self on which liberal democratic values are based, leading to a legal and political Singularity. It is this looming neural Singularity that makes the proposed liberal democratic telos a final stage in humanistic thought, before it is superceded by something radically different. (shrink)

A citizens’ movement in Berlin advocates for the expropriation of housing corporations and has won a significant majority in a popular referendum in September 2021. Building on this proposal, this paper develops a general account of expropriation as a measure for corporate reform and thereby contributes to the ongoing debate on the democratic accountability of business corporations. It argues that expropriation is a valuable tool for intervention in a dire situation in some economic sector to enable a re-structuring of the (...) governance of the assets in question. Compared with other tools available, expropriation is a more forward-looking, genuinely political measure that does not depend on the legal assignment of guilt but rather proceeds in a pragmatic and problem-oriented manner. It also allows us to reconsider in how far the market mechanism should be employed in the administration of assets. Objections from private property rights against expropriation fail as corporations generally are privileged, quasi-public institutions that can justifiably be subject to democratic interventions. Expropriation is thus an important addition to the arsenal of corporate reform proposals, especially for those concerned with a broad democratization of the corporation. (shrink)

Within the ambit of modernity, "to be" a "person" means "to have" "a body." But what exactly do we mean when we say: ‘I have a body’? Who or what is this ‘I’ that ‘has’ ‘a body’ anyway? And how and why does this ‘having’, this possessing, of ‘a body’ confer legal and psychological personhood on us? Does such bodily possession necessarily define a mode of ‘self ownership’? Is distinguishing between the notions of ‘being an organism’, or even ‘being (...) alive’, and ‘having a body’ just a matter of semantics? Or are there pragmatic, bio-political consequences to the ways we construe our vitality and embodiment? Can thinking about ‘the body’ as a (or even, the) matter of ‘self possession’ tell us something interesting about how ‘personhood’ informs our lives? After all, what is ‘the nature’ of ‘the body’, if it can be possessed in such a manner? And does this proprietary way of thinking exhaust the possibilities for how we can imagine what it means to be an organism, a person, a citizen or a human? (shrink)

This chapter reviews fundamental ethical controversy surrounding the ongoing effort to revise the Uniform Determination of Death Act in the United States. Instead of focusing on the process of the revision itself, the chapter explores the underlying ethical debate over brain death that has been ongoing for many decades and finally culminated in this revision. Three issues are focused: the requirement for consent and personal exemptions before applying brain death for the diagnosis of death; redefining the areas of the brain (...) that have ceased to function in the definition of brain death; and codifying the American Academy of Neurology as the authority to issue the standards of the diagnosis of brain death. The chapter concludes that allowing the personal choice of death determination gives a pragmatic compromise to the disputed definition and practice of diagnosing brain death. So long as all risks and imperfections of the diagnosis are accepted through the consenting process, there is nothing ethically objectionable to continuing the current practice of diagnosing brain death as a successful tool to facilitate heart-beating organ donation without violating the dead-donor rule. By contrast, precluding personal choice and imposing legal restrictions to consent and exemptions would further erode public trust. (shrink)

The revisionist critique of conventional just war theory has undoubtedly scored some important victories. Walzer’s elegantly unified defense of combatant legal equality and noncombatant immunity has been seriously undermined. This critical success has not, however, been matched by positive arguments, which when applied to the messy reality of war would deprive states and soldiers of the permission to fight wars that are plausibly thought to be justified. The appeal to law that is sought to resolve this objection by casting (...) it as a practical concern, a pragmatic worry about implementation, which while germane to debates over the laws of war, need not undermine our convictions in the fundamental principles the revisionists advocate. This response is inadequate. Revisionists have not shown that soldiers should obey the laws of war, in practice, when they conflict with their other moral reasons – our worries about application remain intact. Moreover, a theory of war that offers only an account of the laws of war, and a set of fundamental principles developed in abstraction from feasibility constraints, is radically incomplete. We need to know how to apply those fundamental principles, and whether, when applied, they lead to defensible conclusions. Only two options seem to remain. Perhaps the revisionists’ arguments for their chosen fundamental principles are sufficiently compelling that we should stick with them, and accept their troubling conclusions – in other words, accept pacifism. Alternatively, we need to revise our fundamental principles, so that when applied they yield conclusions that we can more confidently endorse. -/- Though it does not save the revisionist view from the responsibility dilemma and cognate objections, the appeal to law does raise an important, and previously inadequately theorized, question – or, rather, resurrects a neglected topic, discussed in depth by historical just war theorists such as Grotius and Vattel. There are good grounds for distinguishing the laws of war from the morality of war, and for adjusting the former to accommodate predictable noncompliance, that should not impact on our account of the latter. Nonetheless, I have argued that there are some profound moral insights underlying both combatant legal equality and noncombatant immunity: specifically, we cannot infer from a combatant’s side having not satisfied jus ad bellum that he may not justifiably use lethal force; and other things equal, it is more wrongful to harm a nonliable noncombatant than to harm a nonliable combatant. (shrink)

Lynn White’s seminal article on the historical roots of the ecological crisis, which inspired radical environmentalism, has cast suspicion upon religion as the source of modern anthropocentrism. To pave the way for a viable Islamic environmental ethics, charges of anthropocentrism need to be faced and rebutted. Therefore, the bulk of this paper will seek to establish the non- anthropocentric credentials of Islamic thought. Islam rejects all forms of anthropocentrism by insisting upon a transcendent God who is utterly unlike His creation. (...) Humans share the attribute of being God’s creations with all other beings, which makes them internally related to every other being, indeed to every single entity in this universe. This solves the problem that radical environmentalism has failed to solve, namely, how to define our relation with nature and other beings without dissolving our specificity. Furthermore, Islamic ethics structures human relations strictly around the idea of limiting desires. The resulting ethico-legal synthesis, made workable by a pragmatic legal framework, can sustain a justifiable use of nature and its resources without exploiting them. The exploitation of nature is inherently linked to the exploitation of one’s self and of fellow human beings. Such exploitation, according to Qur’anic wisdom, is the direct result of ignoring the divine law and the ethics of dealing with self and “other.” Only by reverting to the divine law and ethics can exploitation be overcome. The paper ends by briefly considering possible objections and challenges vis-à-vis developing a philosophically viable yet religiously oriented environmental ethics. (shrink)

Presuppositions are at the same time a crucial and almost neglected dimension of arguments and fallacies. Arguments involve different types of presuppositions, which can be used for manipulative purposes in distinct ways. However, what are presuppositions? What is their dialectical function? Why and how can they be dangerous? This paper intends to address these questions by developing the pragmatic approaches to presupposition from a dialectical perspective. The use of presuppositions will be analyzed in terms of presumptive conclusions concerning the interlocutor’s (...) acceptance of a proposition, which can be assessed as reasonable or unacceptable. Their dialectical function is described in terms of dark side commitments attributed to a collective "voice" representing what is commonly shared. For this reason, they count as attempts to include the presupposed contents into the hearer’s commitment store, which in some circumstances can reverse the burden of proof. The different manipulative strategies grounded on controversial presuppositions will be examined by showing the distinct roles that the latter play and the relationship between the degrees of presuppositional implicitness and the speaker’s burden of retraction. (shrink)

Cunoașterea și informațiile (abordate în ansamblu sau în componentele lor distincte) sunt o preocupare majoră pentru tehnologia informației, sisteme de informații, știința informației și activitatea de informații în general. Procesul obţinerii, prelucrării şi analizei informaţiilor este o preocupare majoră pentru societatea actuală. În acest scop se folosesc procedee şi tehnici specifice pentru culegerea sau generarea de informaţii, prelucrarea acestora prin analiză şi sinteză, generarea de predicţii şi strategii, transmisia şi prezentarea informaţiilor factorilor de decizie, şi stocarea lor. Analiza informațiilor poate (...) fi caracterizată ca o intreprindere epistemologică, care urmărește să dezvolte o înțelegere clară a produselor cunoașterii. Perspectiva lui Polanyi despre cunoaștere servește unor considerații epistemologice fundamentale privind cunoașterea ca produs. Conceptul acesta de cunoaștere personală contribuie la o înțelegere mai profundă a cunoașterii. Perspectiva inversează ierarhia tradițională epistemologică. Cea mai mare provocare ar putea fi aceea de a convinge analiștii, conducerea și clienții lor de avantajele metodelor analitice structurale. O introducere treptată și naturală a acestor metode în fluxul obișnuit de procese și produse de informații ar putea fi mai eficientă decât realinierea la scară largă a gândirii. "Spațiul" activităților de informații s-a extins de la guverne ca actori statali la actori non-statali precum ONG-uri, instituții transnaționale și corporații, firme private și grupuri de interese și presiuni reprezentând comunități, concepte și ideologii diverse. Procesul de luare a deciziilor a devenit dispersat și granular. Actuala "democratizare" a serviciilor de informații are un impact major asupra colectării și analizei informațiilor, și a procesului decizional, determinând serviciile de informații să devină mai transparente, să ia în considerație dezbaterile publice a acțiunilor lor și să fie nevoite, uneori, să le justifice public. Un domeniu de care pot beneficia serviciile de informații este cel al managementului cunoașterii, implicat într-o dezbatere riguroasă asupra conceptelor, teoriilor și abordărilor cunoașterii și utilizării acestora. Noua paradigmă a serviciilor de informații impune schimbări majore la nivel organizațional și de pregătire a profesioniștilor pentru a înțelege și adopta noile concepte și tehnologii. -/- CUPRINS -/- Introducere 1 Cunoaștere - Definirea cunoașterii în filozofie - Comunicarea cunoașterii - Cunoașterea situată - Cunoașterea parțială - Cunoașterea științifică - 1.1 Ontologia - - Prezentare generală - - - Unele întrebări fundamentale - - - Concepte - - - Tipuri - - Istorie - - - Originile - - - - Parmenide și monismul - - - - Pluralismul ontologic - - - - Platon - - Ontologia în știință - - Alte subiecte ontologice - - - Formațiuni ontologice - - - Certitudine ontologică și epistemologică - - - Corpul și mediul, care pun la îndoială semnificația ființei - - - Ontologie și limbă - - - Ontologie și geografia umană - - - Realitate și actualitate - 1.2 Epistemologia - - Context și semnificație - - Cunoașterea - - - Cunoașterea că, cunoașterea cum și cunoașterea directă - - - Credință - - - Adevăr - - - Justificare - - - Problema lui Gettier - - - Externalism și internalism - - - Problema valorii - 1.3 Metodologii - - Prezentare generală - - - Procesul - - - - Formularea unei întrebări - - - - Ipoteza - - - - Predicția - - - - Testarea - - - - Analiza - - - Alte componente - - - - Replicarea - - - - Examinarea externă - - - - Înregistrarea și partajarea datelor - - Investigații științifice - - - Proprietățile cercetării științifice - - - Credințe și prejudecăți - - Elementele metodelor științifice idealizate - - Elemente ale metodei științifice - - - Caracterizări - - - Incertitudine - - - Definire - - - Dezvoltarea ipotezelor - - - Predicții din ipoteze - - - Experimente - - - Evaluare și îmbunătățire - - - Confirmarea - - Modele de cercetare științifică - - - Modelul clasic - - - Modelul ipotetico-deductiv - - - Modelul pragmatic - - Știința sistemelor complexe - 1.4 Hermeneutica - - Etimologie - - Hermeneutica filosofică - - - Hermeneutica modernă - - - - Schleiermacher (1768-1834) - - - - Dilthey (1833-1911) - - - - Heidegger (1889-1976) - - - - Gadamer (1900-2002) și colab. - - - - Noua hermeneutică - - - - Hermeneutica marxistă - - - - Hermeneutica obiectivă - 1.5 Filosofia limbajului - - Subiecte și sub-domenii majore - - - Compoziție și părți - - - Natura sensului - - - Referință - - - Mintea și limba - - - - Înnăscut și învățat - - - - Limba și gândul - - - Interacțiunea socială și limba - - Limbajul și filozofia continentală - - Probleme în filosofia limbajului - - - Imprecizia - - - Problema universalului și a compoziției - - - Natura limbajului - - - Abordări formale versus informale - - - Traducere și interpretare - 1.6 Logica - - Concepte - - Forma logică - 1.7 Filosofia logicii - - Adevăr - - - Purtătorii de adevăr - - - Adevăruri analitice, adevăr logic, valabilitate, consecință logică și implicare - 1.8 Declarații - - Declarația ca o entitate abstractă - 1.9 Dileme - - Utilizarea dilemei în logică - 1.10 Limitările cognitive - - Colin McGinn - - Friedrich Hayek - - John Tyndall - - Noam Chomsky - - Fenomene și obiecte și evenimente care nu se pot simți (numene) - - Noi misterieni - 1.11 Managementul cunoașterii - - Cercetare - - - Dimensiuni - - - Strategii - - - Motivații - 1.12 Ingineria cunoașterii - 1.13 Cunoașterea tacită în activitatea de informații 2 Date - Date, informații, cunoaștere și înțelepciune - În alte domenii - Memoria - - Procese - Înregistrări - 2.1 Referințe - - Etimologie și semnificații - - Semantică - - - Sens - - - Referent absent - - - Semnul lingvistic - - Informatică - - Biblioteci și știința informației - - Psihologie - - Școala - - Lege - - Artă - 2.2 Simboluri - - Etimologie - - Definiții - - Simbolurile și semiotica - - Psihanaliza, retorica și arhetipuri - - Paul Tillich - - Rolul contextului în simbolism - - - Semnificația istorică - - - Context - - Acțiuni simbolice - 2.3 Baze de date - - Baze de date guvernamentale - - - Uniunea Europeană - - Baze de date naționale ADN - 2.4 Metadate - - Definiție - - Identificarea - - - Exemplu - 2.5 Statistici - - Domeniu - - - Statistica matematică - - - Prezentare generală 3 Informații - Abordarea teoriei informației - Ca intrare senzorială - Ca reprezentare și complexitate - Informația ca mesaj - Informația ca determinant al transformărilor - Utilizarea studiului informațiilor - Informații mediate tehnologic - Informații sub forma unor fișiere - Semiotica - 3.1 Teoria informației - - Domeniul de studiu - - Evoluție - - Cantități de informații - - - Entropia unei surse de informații - - - Entropia comună - - - Entropia condițională (echivocă) - - - Informații reciproce (transinformații) - - - Divergența Kullback-Leibler (câștigul de informații) - - - Alte cantități - - Teoria codificării - - - Teoria surselor - - - - Rata - - - Capacitatea canalului - - - - Capacitatea anumitor modele de canale - - Aplicații în alte domenii - - - Utilizări în intelligence și aplicații de secretizare - - - Generarea numerelor pseudoaleatorii - - - Explorarea seismică - - - Semiotica - - - Aplicații diverse - - Unități de informație - - Unități primare - - Unități derivate din biți - - - Octet (byte) - - - Nibble - - - Cuvânt, bloc și pagină - - Exemple de valori - 3.2 Tehnologia informației - - Procesarea datelor - - - Stocarea datelor - - - Regăsirea datelor - - - Transmisia de date - - - Manipularea datelor - - Perspectiva - - - Perspectiva academică - - - Perspectiva etică - 3.3 Confidențialitatea informațiilor - - Tipuri de informații - - - Internet - - - Televiziunea prin cablu - - - Informații medicale - - - Informații financiare - - - Localizarea - - - Informații politice - - - Informații educaționale - - Legalitatea - 3.4 Informații sensibile - - Informații non sensibile - - - Informații publice - - - Informații de rutină în afaceri - - Tipuri de informații sensibile - - - Informații comerciale confidențiale - - - Informații clasificate - - Protecția legală împotriva divulgării neautorizate - - - Informații personale și private - - - Informații de afaceri confidențiale - - - Informații clasificate - - Informații sensibile digitale - 3.5 Informații clasificate - - Clasificări guvernamentale - - Nivele de clasificare - - - Top Secret (TS) - - - Secret - - - Confidențial - - - Resticționat - - - Neclasificat - - Permisul de acces - - Informații compartimentate - - Informații nucleare - - Internațional - - - Clasificările NATO - - - Organizații internaționale - - - Clasificări echivalente în diferite țări - - Clasificarea corporativă - - Protocolul luminii de trafic - 3.6 Tipuri de informații clasificate 4 Activitatea de informații - 4.1 Istoria activității de informații - 4.2 Știința informației - - Fundamente - - - Domeniu de aplicare și abordări - - - Definiții ale științei informației - - - Filozofia informației - - - Ontologie - - Extragerea informațiilor - - Vectori de cercetare și aplicații - - - Accesul la informații - - - Arhitectura informațiilor - - - Managementul informațiilor - - - Extragerea informațiilor - - - Societatea informațională - - - Reprezentarea cunoașterii și raționamentul - 4.3 Ontologia activității de informații - 4.4 Economia informațională - - Valoarea informațiilor - - Informațiile, mecanismul prețurilor și organizațiile - - Asimetria informațională - - - Semnalizare - - - Screening - - Bunuri informaționale - - - Împachetarea - 4.5 Economia informațiilor industriale - 4.6 Managementul informațiilor - - Aspecte teoretice - - - Teorii comportamentale și organizaționale - - - Teoria economică - - Managementul informațiilor strategice - - - Alinierea tehnologiilor și strategiilor de afacere cu managementul informațiilor - - - Un model de portofoliu contemporan pentru informații - - - Competențe pentru gestionarea calității informațiilor - - - Rezumat - - Operaționalizarea managementului informațiilor - - - Gestionarea schimbării necesare - - - Opera timpurie a lui Galbraith - - - Organizații matriceale - - Informații în sursă deschisă - - - Surse deschise pentru informații - - - Definiții pentru OSINT - - - Informații competitive - - - OSINT în afaceri - 4.7 Ciclul de informații - 4.8 Managementul ciclului de informații - - Prezentare generală - - - Definirea intelligence - - - Managementul ciclului de informații - - - Planificarea și prezentarea generală a direcției - - Cerințe - - - Naționale / strategice - - - Militare / operaționale - - Arhitectura intelligence - - - Bugetarea - - - Factori politici - - - Echilibrarea aplicării legii și securitatea națională - - - Public versus privat - - Planificarea colectărilor - - - CCIRM - - Emiterea de ordine și cereri - - - Prioritizare - - Alte subiecte - - - Folosirea politică greșită - - - Intelligence clandestină față de acțiunea sub acoperire - - - - Coordonarea acțiunii HUMINT și a acțiunii sub acoperire - - - - Riscuri și resurse comune - - Eșecurile din ciclul intelligence - - Alte cicluri - - - Bucla Boyd OODA - 4.9 Informațiile în afaceri (Business intelligence) - - Componente - - Istorie - - Depozitarea datelor - - Comparație cu inteligența competitivă - - Comparație cu cercetarea analitică de afaceri - - Aplicații într-o întreprindere - - Prioritizarea proiectelor - - Factori de succes în implementare - - - Suportul afacerii - - - Nevoile afacerii - - - Cantitatea și calitatea datelor disponibile - - Aspect utilizator - - Date semistructurate sau nestructurate - - - Date nestructurate vs. date semistructurate - - - Probleme cu date semistructurate sau nestructurate - - - Utilizarea de metadate - 4.10 Informații competitive - - Dezvoltare istorică - - Tendințe recente - - Domenii similare - - Etica - - Externalizarea - 4.11 Analogii cu alte discipline - - Știința - - Arheologia - - Afaceri - - Medicina 5 Comunitatea - 5.1 Sisteme informaționale - - Prezentare generală - - Tipuri de sisteme informaționale - 5.2 Comunicarea - - Comunicare nonverbală - - Comunicare verbală - - Comunicarea scrisă și dezvoltarea sa istorică - - Comunicare de afaceri - - Comunicare familială - - Comunicarea interpersonală - - Proiectarea comunicării - - Revoluția comunicării informațiilor - - Consultanța - 5.3 Societatea informațională - - Ce este? - - Creșterea informației în societate - - Dezvoltarea modelului societății informaționale - - - Tranziția economică - - Procesarea informațiilor sociale - 5.4 Guvernarea electronică - - Definirea e-guvernării - - Indicele ONU de dezvoltare a e-guvernării - - Exemple de e-guvernare și e-guvernanță - 5.5 Servicii secrete - - Relația dintre serviciile aceleiași țări - 5.6 Epistemologia activității de informații - 5.7 Comunități epistemice - 5.8 Comunități epistemice în UE - - Conceptul comunităților epistemice și limitele sale - - Agenția Europeană de Apărare - - Centrul UE de analiză a informațiilor - - Concluzie 6 Contrainformații - 6.1 Istoria spionajului - - Istoria timpurie - - Europa timpurie modernă - - Secolul al 18-lea - - - Franța - - - Marea Britanie - - - Spionaj industrial - - - Revoluția americană, 1775-1783 - - - Revoluția franceză și războaiele napoleoniene, 1793-1815 - - Secolul al 19-lea - - - Războiul civil american 1861-1865 - - - Informații militare - - - - Austria - - - - Marea Britanie - - - - Franța - - - - Germania - - - - Italia - - - - Rusia - - - Informații navale - - - Contraspionaj - - Secolul 20 - - - Agenții de informații civile - - - Primul Razboi Mondial - - - - Decodarea - - - Revoluția rusă - - - Perioada interbelică - - - - Germania nazistă - - - Al doilea razboi mondial - - - - MI6 în Marea Britanie - - - - MAGIC: SUA sparge codul japonez - - - - OSS în Statele Unite - - - - Contraspionaj - - - Războiul rece - - - Războiul post-rece - - - - Războiul din Irak 2003 - - - - Antiterorism - - - - - Israel - 6.2 Spionajul - - Țintele spionajului - - Metode și terminologie - - - Tehnologii și tehnici - 6.3 Contraspionaj - - Operațiunile de contraspionaj defensive - - - Contra-HUMINT - - - Motivații pentru divulgarea informațiilor și operațiunilor - - Teoria contraspionajului ofensiv - 6.4 Securitatea - - Clasificarea securității - - Concepte de securitate - - Managementul securității în organizații - 6.5 Terorism - - Lupta UE împotriva terorismului - - - Strategia UE - - - - Prevenirea - - - - Protecția - - - - Urmărirea - - - - Răspunsul - 6.6 O teorie a contrainformațiilor - - Definiții concurente - - Serviciile de informații - - - Factorii care determină comportamentul serviciilor de informații - - Contrainformații aplicate - - - Asistență politică - - - Suport operațional - - - Evidențierea documentelor - - Operațiuni de contrainformații - - Contraspionaj - - Domenii de studiu 7 Culegerea de informații - 7.1 Extragerea cunoașterii - - Privire de ansamblu - - Extragerea din surse structurate în RDF - - - Maparea din tabele/vizionări RDB în entități/atribute/valori RDF - - - Mapări complexe ale bazelor de date relaționale RDF - - - XML - - Extracția din surse naturale de limbaj - - - Extracție de informații (EI) tradițională - - - Extracția de informații bazată pe ontologie (EIBO) - - - Învățarea ontologiei - - - Adnotare semantică - - - Instrumente - - Descoperirea de cunoștințe - 7.2 Colectarea de informații umane - - Surse - - Operații de bază HUMINT - - - Pregătirea ofițerilor pentru lucrul în culturi - - - Diferențierea de bază pe tip de subiect - - - Selectarea surselor potențiale - - - Identificare - - - Tipuri de interviuri - - - - Informarea (debriefing) - - - - Interogare - - - Planificarea interviului inițial - - - - Caracteristicile interogatorului (anchetatorilor)â - - - - Sprijinirea nevoilor - - - - Atitudini ale subiectului - - - Planificarea interviurilor suplimentare - - Principii de interogare - - - Raport de construcție - - - Utilizarea înregistratoarelor - - - Lucrul cu interpreți - - Surse recrutate / de încredere - - - Spionaj - - Analiza relațiilor dintre subiecții HUMINT - 7.3 Investigații - - Surse clasice - - - Deducția - - - Inducția - - - Abducția - - Investigații criminale - 7.4 Profilarea infractorilor - 7.5 Informația asimetrică - - Modele de informații asimetrice - - Selecția adversă - - - Semnalizare (Signaling) - - - Investigare (Screening) - - Aplicarea asimetriei de informații în domeniul cercetării - - Surse de asimetrie informațională - - Efectul blogurilor asupra asimetriei informaționale - - Efectul inteligenței artificiale asupra asimetriei informaționale - 7.6 Proiectarea mecanismului - - Intuiția - - Proiectarea - - - Mecanismul - - - Principiul revelației - - - Gradul de implementare - 7.7 Raportul circular - - Exemple specifice - 7.8 Liberul acces la informații 8 Supravegherea - Tipuri - - Calculator - - Telefoane - 8.1 Camere de supraveghere - 8.2 Camere IP - - Standarde - - Avantaje ale camerelor IP - - Dezavantaje potențiale - 8.3 Camere web - - Probleme de intimitate - - Efecte asupra societății moderne - - Utilizări ale camerelor web - - - Monitorizare video pentru îngrijirea copiilor - - - Comerț - - - Apeluri video și videoconferințe - - - Video de securitate - - - Clipuri video și fotografii - - - Dispozitive de control al intrărilor - - Tehnologia camerelor web - 8.4 Supravegherea în IR - - Applicații - - Specificații - - Cum funcționează supravegherea în IR - 8.5 Supravegherea în masă - - Supravegherea în masă în Uniunea Europeană - - - INDECT - - - HIDE - 8.6 Supravegherea aeriană - 8.7 Supravegherea calculatoarelor - - Emanații - - Policeware - 8.8 Interceptarea convorbirilor telefonice - - Aspecte legale - - Supravegherea electronică a telefoanelor - 8.9 Identificarea automată și captura de date (AIDC) - 8.10 Captarea datelor din documente tipărite - - Cele mai cunoscute tipuri de aplicații - - - ABBYY - - - Accusoft - - - AnyDoc Software - - - Cvision Technologies - - - Expervision - - - I.R.I.S. Group - - - LEADTOOLS - - - Nuance Communications - - - PSIGEN Software - 8.11 Ingineria securității - - Calificări - - Atitudini privind securitatea - - Practici de bază - - Subdomenii - 8.12 Securitatea calculatoarelor - - Securitate prin proiectare - 8.13 Biometria - - Sisteme biometrice adaptive - - Direcții noi de dezvoltare - - - Accesul în rețele publice - - Supravegherea biometrică - - Funcționalitatea biometrică 9 Analiza informațiilor - Prezentare generală - Metoda analitică - - Stabilirea obiectivelor pentru o analiză de informații - - - Fii îndrăzneț și cinstit - - - Acord privind conținutul - - - Orientarea spre clienți - - - Orientarea spre colegi - - Organizând ceea ce aveți - Natura analizei - - Tipuri de raționament - - - Inducție: căutarea cauzalității - - - Deducția: aplicarea generalului - - - Intuiția instruită - - - Metoda științifică - - Metode de analiză - - - Analiza oportunităților - - - Analiza cuiului de siguranță - - - Analiza ipotezelor concurente - - - Analogie - Procesul analitic - - Definirea problemei - - Generarea de ipoteze - - Determinarea nevoilor de informații și colectarea de informații - - Evaluarea surselor - - Evaluarea ipotezelor (teste) - - Producția și ambalarea - - Evaluarea colegială - - Feedback de la client și evaluarea producției - Nu uitați niciodată utilizatorul final - 9.1 Conceptualizarea funcțiilor analizei de informații - 9.2 Metodologii în analiza informațiilor - 9.3 Euristica în analiza de informații - - Puterea de expertiză - - Paradoxul de expertiză - - Sarcinile analiștilor de informații - - Pro și contra echipelor - - Tehnologii - - Metodologii analitice - - Euristica - 9.4 Raționamentul inductiv - - Raționamentul inductiv vs. raționamentul deductiv - - Critici - - - Prejudecăți - - Tipuri de raționament inductiv - - - Generalizare - - - Silogismul statistic - - - Inducția simplă - - - Argumentul din analogie - - - Inferența cauzală - - - Predicția - - Inferența bayesiană - - Inferența inductivă - 9.5 Evaluarea informațiilor - - Procesul de evaluare a informațiilor - - Ciclul informațiilor centrice specifice - - Evaluarea informațiilor criminale - - - Utilizarea de Armata SUA - - - Procesul CRIMINT - - Analiza informațiilor criminale - 9.6 Abordarea orientată spre țintă a ciclului de informații - - Analiza orientată pe țintă - - - Procesul de intelligence - - Crearea modelului - - - Modele în intelligence - - - Surse de informații de intelligence - - - Popularea modelului - - Analiza organizațională - - Aplicarea abordării centrate pe țintă în intelligence - - Critici - 9.7 Analiza ipotezelor competitive - - Proces - - Puncte forte - - Puncte slabe - - - Analiza structurată a ipotezelor concurente - - - Alte abordări ale formalismului - 9.8 Analiza indicatorilor - - Istorie - - Elemente de analiză a indicatorilor - - - Tehnici analitice structurate - - - Cerință - - - Categorii - - - Factori - - - Scenarii - - - Indicatori - - Proces - - Beneficii - - Puncte slabe - - Tehnici analitice structurate înrudite - 9.9 Cuvinte de probabilitate estimativă - - Istorie - - - Informații - - - - Eșecuri de politică și de informații legate de CPE - - Reformele metodologiei - - - Cuantificarea fiabilității sursei și a încrederii analitice - - - Analiza stocastică - - - Standardizare - - - - Experiența Mercyhurst cu CPE standardizate - 9.10 Predicții - - Predicții informale pe bază de ipoteze - - Sondaje de opinie - - Statistici - - Supranaturalul (profeții) - - Predicția în știință - - Finanțe 10 Media și rețele sociale - Studiul - Istoria - Nivele de analiză a rețelelor sociale - - Nivel micro - - Nivel mediu - - Nivel macro - Legături teoretice - - Teorii importate - - Teorii specifice - Decalaje structurale - Clustere de cercetare - - Comunicare - - Comunitate - - Rețele complexe - - Rețele criminale - - Difuzarea inovațiilor - - Demografie - - Sociologia economică - - Sănătate - - Ecologie umană - - Limba și lingvistica - - Rețele literare - - Studii organizatorice - - Capitalul social - - Poziția și beneficiile rețelei - - Media socială - Servicii în rețele sociale - - Impactul social - - Caracteristici tipice - - Caracteristici suplimentare - 10.1 Media socială - - Clasificarea mediei sociale - - - Viralitate - - Bloguri - - Comunicarea prin calculator - - Defăimarea - - Jurnalism - - - Mass media - - Facebook - - Twitter - - YouTube - 10.2 Știri - - Caracteristici - - - Noutatea - - - Marfă - - - Tonul - - - Valoarea de noutate a știrii - - Media de știri - - - Ziare - - - Televiziunea - - - Internet - 10.3 Psihologia mulțimilor - 10.4 Manipularea prin media - - Contexte - - - Activism - - - Publicitate - - - Farsa - - - Propaganda - - - Război psihologic - - - Relații publice - - Tehnici - - - Marketingul motoarelor de căutare - - Profesioniști în conformitate - - - Tehnici - 10.5 Psihologia rețelelor sociale - - Neuroplasticitatea - 10.6 Analiza rețelelor sociale 11 Etica - Definirea eticii - 11.1 Relativismul moral - - Variații - - - Descriptiv - - - - Meta-etic - - - - Normativ - 11.2 Utilitarism - - Etimologie - - Fundal istoric - - - Filozofia chineză - - - Filosofia occidentală - 11.3 Dileme etice - - Exemple de dileme etice - - Răspunsuri la argumente - - Dileme morale - - - Exemple - - - Conceptul - - - Probleme - 11.4 Codul de conduită FBI - 11.5 Meta-etica - - Întrebări meta-etice - - Teoriile semantice - - - Centralism și non-centralism - 11.6 Filosofia dreptului - - Jurisprudență analitică - - Jurisprudența normativă - - Abordări filosofice ale problemelor juridice Încheiere Resurse Despre autor - Nicolae Sfetcu - - De același autor - - Contact Editura - MultiMedia Publishing . 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The debate over the merits of originalism has advanced considerably in recent years, both in terms of its intellectual sophistication and its practical significance. In the process, some prominent originalists—Lawrence Solum and Jeffrey Goldsworthy being the two discussed here—have been at pains to separate out the linguistic and normative components of the theory. For these authors, while it is true that judges and other legal decision-makers ought to be originalists, it is also true that the communicated content of the (...) constitution is its original meaning. That is to say: the meaning is what it is, not what it should be. Accordingly, there is no sense in which the communicated content of the constitution is determined by reference to moral desiderata; linguistic desiderata do all the work. In this article, I beg to differ. In advancing their arguments for linguistic originalism, both authors rely upon the notion of successful communications conditions. In doing so they implicitly open up the door for moral desiderata to play a role in determining the original communicated content. This undercuts their claim and changes considerably the dialectical role of linguistic originalism in the debate over constitutional interpretation. (shrink)

Despite decades of theorising and empirical research, the problems of corporate governance seem intractable, particularly the relationships between investors and companies. The thought experiment in this paper asks us to look at the problem through a fresh lens. It draws on the quaint British legal custom of calling shareholders “members”, and then uses the political philosopher Michael Walzer’s idea of membership in states, clubs, neighbourhoods, and families to draw lessons for the corporate world. This paper suggests that seeing how (...) Walzer conceives “strangers” in a polity, with fewer rights but a path to membership, lets us rethink shareholder rights as something to be earned, through engagement and commitment, that is, through stewardship. Rethinking what membership of a company might mean points to a pragmatic escape from short-termism without institutional reform. (shrink)

The paper explicates the stages of the author’s philosophical evolution in the light of Kopnin’s ideas and heritage. Starting from Kopnin’s understanding of dialectical materialism, the author has stated that category transformations of physics has opened from conceptualization of immutability to mutability and then to interaction, evolvement and emergence. He has connected the problem of physical cognition universals with an elaboration of the specific system of tools and methods of identifying, individuating and distinguishing objects from a scientific theory domain. The (...) role of vacuum conception and the idea of existence (actual and potential, observable and nonobservable, virtual and hidden) types were analyzed. In collaboration with S.Crymski heuristic and regulative functions of categories of substance, world as a whole as well as postulates of relativity and absoluteness, and anthropic and self-development principles were singled out. Elaborating Kopnin’s view of scientific theories as a practically effective and relatively true mapping of their domains, the author in collaboration with M. Burgin have originated the unified structure-nominative reconstruction (model) of scientific theory as a knowledge system. According to it, every scientific knowledge system includes hierarchically organized and complex subsystems that partially and separately have been studied by standard, structuralist, operationalist, problem-solving, axiological and other directions of the current philosophy of science. 1) The logico-linguistic subsystem represents and normalizes by means of different, including mathematical, languages and normalizes and logical calculi the knowledge available on objects under study. 2) The model-representing subsystem comprises peculiar to the knowledge system ways of their modeling and understanding. 3) The pragmatic-procedural subsystem contains general and unique to the knowledge system operations, methods, procedures, algorithms and programs. 4) From the viewpoint of the problem-heuristic subsystem, the knowledge system is a unique way of setting and resolving questions, problems, puzzles and tasks of cognition of objects into question. It also includes various heuristics and estimations (truth, consistency, beauty, efficacy, adequacy, heuristicity etc) of components and structures of the knowledge system. 5) The subsystem of links fixes interrelations between above-mentioned components, structures and subsystems of the knowledge system. The structure-nominative reconstruction has been used in the philosophical and comparative case-studies of mathematical, physical, economic, legal, political, pedagogical, social, and sociological theories. It has enlarged the collection of knowledge structures, connected, for instance, with a multitude of theoreticity levels and with an application of numerous mathematical languages. It has deepened the comprehension of relations between the main directions of current philosophy of science. They are interpreted as dealing mainly with isolated subsystems of scientific theory. This reconstruction has disclosed a variety of undetected knowledge structures, associated also, for instance, with principles of symmetry and supersymmetry and with laws of various levels and degrees. In cooperation with the physicist Olexander Gabovich the modified structure-nominative reconstruction is in the processes of development and justification. Ideas and concepts were also in the center of Kopnin’s cognitive activity. The author has suggested and elaborated the triplet model of concepts. According to it, any scientific concept is a dependent on cognitive situation, dynamical, multifunctional state of scientist’s thinking, and available knowledge system. A concept is modeled as being consisted from three interrelated structures. 1) The concept base characterizes objects falling under a concept as well as their properties and relations. In terms of volume and content the logical modeling reveals partially only the concept base. 2) The concept representing part includes structures and means (names, statements, abstract properties, quantitative values of object properties and relations, mathematical equations and their systems, theoretical models etc.) of object representation in the appropriate knowledge system. 3) The linkage unites a structures and procedures that connect components from the abovementioned structures. The partial cases of the triplet model are logical, information, two-tired, standard, exemplar, prototype, knowledge-dependent and other concept models. It has introduced the triplet classification that comprises several hundreds of concept types. Different kinds of fuzziness are distinguished. Even the most precise and exact concepts are fuzzy in some triplet aspect. The notions of relations between real scientific concepts are essentially extended. For example, the definition and strict analysis of such relations between concepts as formalization, quantification, mathematization, generalization, fuzzification, and various kinds of identity are proposed. The concepts «PLANET» and «ELEMENTARY PARTICLE» and some of their metamorphoses were analyzed in triplet terms. The Kopnin’s methodology and epistemology of cognition was being used for creating conception of the philosophy of law as elaborating of understanding, justification, estimating and criticizing legal system. The basic information on the major directions in current Western philosophy of law (legal realism, feminism, criticism, postmodernism, economical analysis of law etc.) is firstly introduced to the Ukrainian audience. The classification of more than fifty directions in modern legal philosophy is suggested. Some results of historical, linguistic, scientometric and philosophic-legal studies of the present state of Ukrainian academic science are given. (shrink)

In the present article, I will evaluate the utility of environmental human rights in the light of the global climate conditions prevailing in the beginning of the second decade of the 21st century. Human rights and their tools have proven useful on many occasions. Here I will promote the idea that the ecological situation we are facing now is so urgent that we should exploit their potential to the fullest. To that end, I will argue, there is a clear need (...) to render environmental rights as explicit, precise and thus legally binding as possible. It is tried to adopt a point of view that is informed by both scientific findings and the theory of human rights; the conclusions are definitely intended to be pragmatic. (shrink)

Cécile Laborde proposes a liberal egalitarian view for a liberal state to adopt in its fair treatment of religious citizens. She suggests a method where state neutrality is applied restrictively and religion is “disaggregated” across standard liberal rights. Without recourse to a legal-political category religion, she responds to the problem of religious accommodation by using main elements of a particular liberal right(s) to account for the dimension of religion that an issue of justice makes salient. In reply to the (...) problem of state neutrality, she proposes that a liberal state can be non-neutral in its treatment of religious claims as long as religion is not a marker for social division, does not impose its comprehensive ethics, and provides publicly accessible reasons. I argue that adopting Laborde’s approach has conceptual and pragmatic advantages as a political strategy (modus vivendi) in resolving justice claims. However, its content-neutral and procedural framework partially meets the requirements of justice of religious citizens because of its egalitarian motivation. In adopting a minimal political conception of religion defined by elements of other liberal rights, the liberal state employs a narrow understanding of religion as a “collection” of beliefs and practices. This can result in religious citizens exercising partial or even distorted expressions of their religious identities. I suggest a conceptual refinement in Laborde’s theory if it aims at attracting endorsement from religious citizens as a reasonable conception of justice. I will survey some alternative frameworks and ideas (e.g. Raz value-based approach, Riordan’s capacity for truth argument) and build on their strengths. I propose vocation as a useful concept for a liberal state to employ in appropriately understanding and assessing religious commitment. My modest proposal presents a liberal understanding of religion-state relationship other than those framed in the themes of neutrality, toleration, exclusion, or limitation of practices. (shrink)