This article maintains that the so-called theory-practice divide in legal education is not only factually false but semantically impossible. -/- As to the divide's falsity, practitioners have of course performed excellent scholarship and academics have excelled in practice. As to the divide's semantic impossibility, this article examines, among other things: -/- (1) the essential role of experience in meaning, -/- (2) the resulting inseparability of theory and practice in the world of experience, -/- (3) problems the divide shares (...) in common with debunked Cartesian dualism, and -/- (4) modern cognitive psychology’s notions of embodied meaning which further underscore the semantic impossibility of separating theory from practice in the world of experience. -/- Using insights from such examinations, this article also explores implications of a debunked theory-practice divide for, among other things, law school curriculums and law school faculty hiring standards. -/- Keywords: legal education, legal writing, semantics, theory, practice, experience, Charles Sanders Peirce, embodied meaning, cognitive psychology, Cartesian dualism, affordance knowledge, metaphor, George Lakoff, category, humanities, Langdell, pragmatism, semiotics, philosophy. (shrink)

Note: This draft was updated on November 10, 2020. Discussing federal statutes, Justice Scalia tells us that “[t]he stark reality is that the only thing that one can say for sure was agreed to by both houses and the president (on signing the bill) is the text of the statute. The rest is legal fiction." How should we take this claim? If we take "text" to mean the printed text, that text without more is just a series of marks. (...) If instead we take "text" (as we must) to refer to something off the page such as the "meaning" of the series of marks at issue, what is that meaning and how do we know that all the legislators "agreed" on that "meaning"? In seeking answers here, we necessarily delve into semiotics (i.e., the “general theory of signs”) by noting that meaningful ink marks ("signifiers) signify a meaning beyond themselves (the "signified.") Thus, understanding how signs function is integral to lawyers' textual and linguistic analysis. Additionally, as this article demonstrates, legal analysis and rhetoric are much impoverished if lawyers ignore nonverbal signs such as icons, indices, and nonverbal symbols. In providing a broad overview of semiotics for lawyers, this article thus (1) begins with a general definition of signs and the related notion of intentionality. It then turns to, among other things, (2) the structure and concomitants of signs in more detail (including the signifier and the signified), (3) the possible correlations of the signifier and the signified that generate signs of interest to lawyers such as the index, the icon, and the symbol; (5) the expansion of legal rhetoric through use of the index, the icon, and the non-verbal as well as the verbal symbol, (6) the nature of various semiotic acts in public and private law (including assertives, commissives, directives, and verdictives); (7) the interpretation and construction of semiotic acts (including contracts as commissives and legislation as directives); (8) the role of speaker or reader meaning in the interpretation and construction of semiotic acts; (9) the semiotics of meaning, time, and the fixation of meaning debate; (10) the impact of signifier drift; (11) the distinction between sense and understanding; and (12) some brief reflections on semiotics and the First Amendment. This article also provides an Appendix of further terms and concepts useful to lawyers in their explorations of semiotics. (shrink)

Christopher Columbus Langdell has not only damaged the study of law with his three follies: his legal formalism, his redacted appellate case method, and his notion that legal practice taints the professor of law. His three follies have also impaired character development critical for legal actors. This Article focuses on four such critical character traits and virtues impaired by Langdell: (i) imagination, (ii) empathy, (ii) balance, and (iv) integrity. -/- This Article also calls out potential (...) character issues with two professor types inspired by Langdell: (v) the hazing professor who confuses intellectual rigor with intense discomfort and who uses the redacted appellate case method to inflict such discomfort at the expense of better pedagogy, and (vi) the professor without substantial practice experience who is substantially paid to teach what she has never practiced. -/- Agreeing with C.S. Pierce that the best argument is a cable rather than a chain, I end by weaving in a Langdell villanelle. I hope such a cable can help lift Langdell and his follies from legal education and the world. (shrink)

Reedition of papers in English spanning from 1986 to 2009 /// Historical background -- An imposed legacy -- Twentieth century contemporaneity -- Appendix: The philosophy of teaching legal philosophy in Hungary /// HISTORICAL BACKGROUND -- PHILOSOPHY OF LAW IN CENTRAL & EASTERN EUROPE: A SKETCH OF HISTORY [1999] 11–21 // PHILOSOPHISING ON LAW IN THE TURMOIL OF COMMUNIST TAKEOVER IN HUNGARY (TWO PORTRAITS, INTERWAR AND POSTWAR: JULIUS MOÓR & ISTVÁN LOSONCZY) [2001–2002] 23–39: Julius Moór 23 / István Losonczy 29 (...) // ON THE SURVIVAL OF ILMAR TAMMELO’S LETTER AND MANUSCRIPT ADDRESSED TO PROFESSOR MOÓR [2009] 41–44 // PROFESSIONAL DISTRESS AND SCARCITY: ALEXANDER HORVÁTH AND THE LEGACY OF NATURAL LAW IN HUNGARY [2005] 45–50 // HUNGARIAN LEGAL PHILOSOPHY IN THE 20TH CENTURY [2011] 51–72: I. The Pre-war Period [1. Bódog (Felix) Somló (1871–1920) 52] / II. The Inter-war Period [2. Gyula (Julius) Moór (1888–1950) 54 / 3. Barna Horváth (1896–1973) 55 / 4. József Szabó (1909–1992) 57 / 5. István Bibó (1911–1979) 58 / 6. Tibor Vas (1911–1983) 59 / 7. István Losonczy (1918–1980) 60] III. The Post-war Period (Communism) 61 [8. Imre Szabó (1912–1991) 62 / 9. Vilmos Peschka (1929–2006) 63 / 10. Kálmán Kulcsár (1928–2010) 65] IV. Contemporary Trends and Perspectives 66 [11. Csaba Varga (b. 1941) 66 / 12. András Sajó (b. 1949) 69 / 13. Béla Pokol (b. 1950) 70] V. Our Understanding of the Law Today 71 --- AN IMPOSED LEGACY -- LOOKING BACK [1999] 75–94: 1. On Ideologies and Marxism in general 75 / 2. Life of an Intellectual in Communism 79 / 3. On Marxism and its Socialist Cultivation in Particular 82 / 4. Legal Philosophising [4.1. Approaches to Law 87 / 4.2. Arriving at a Legal Ontology 91] 5. Conclusion 94 // LEGAL PHILOSOPHY OF THE MARXISM OF SOCIALISM: HUNGARIAN OVERVIEW IN AN INTERNATIONAL PERSPECTIVE [2003] 95–151: I. Development and Balance of Marxist Philosophising on Law in Hungary [1. Preliminaries (until 1948) 96 / 2. Stalinism (from the Soviet Occupation on) {a) Liquidation of the »Residues« 98 / b) Soviet-type Uniformisation [Gleichschaltung] 99 / c) Denial of the Past, with a Dual Effect 99 / d) »Socialist Legality«, Drawn from the Progressive Past of Western Europe 103 / e) Search for the Germs of Scholarly Evolution 103} 3. Institutionalisation Accompanied by Relaxation (from the 1960s) [a) Epigonism Becoming the Scholarly Ideal 104 / b) Stalinism in a Critical Self-perspective 105 / c) Disciples Diversified Launching their own Trends 107 / d) Comparatism 110 / e) (Re)discovery of the Western Legal Philosophy as a Competitor 112 / f) A Leading Mediatory Role within the »Socialist World Order« 114} 4. Disintegration (in the 1980s) {a) Attempt at Laying New Foundations for Marxism with Epigonism Exhausted 115 / b) Competitive Trends Becoming Exclusive 115 / c) Western Legal Philosophy Acknowledged as a Fellow-traveller within the Socialist Orbit Proper 116 / d) Hungarian Legal Theory Transforming into a National Corpus 118 / e) The Practical Promotion of Some Balance 119} 5. End-game for a Substitute State Religion (in the 1990s) 120] II. Marxist Legal Philosophising in an International Perspective [Ad 1: To the Preliminaries 122 / Ad 2: To Stalinism 124 / Ad 3: To Institutionalisation Accompanied by Relaxation {a) Late Separation from Vishinskiy’s Theory 125 / b) From Ideological Self-closure to an Apparently Scholarly Openness 127 / c) From Political Ideology to Genuine Scholarship 130 / d) International Recognition of Socialist Jurisprudence as an Independent Trend 135 / e) Together with Western Trends 137} Ad 4: To Disintegration {a) Loss of Attraction as Mere Epigonism 139 / b) Exclusivity of Competing Trends 139 / c) Fellowship with »Bourgeois« Trends 140 / d) An own Trend, Internationally Recognised 141 / e) A yet Progressive Role 142} Ad 5: To the Present state 143] III. A Temporary Balance 145 // AUTONOMY AND INSTRUMENTALITY OF LAW IN A SUPERSTRUCTURAL PERSPECTIVE [1986] 151–175: 1. The Strange Fate of Concepts 151 / I. A Relational Category 2. Basis and Superstructure: The Genuine Meaning 154 / 3. Exerting Social Influence as a Conceptual Minimum 156 / 4. Relationships within the Prevailing Totality 158 / 5. Attempts at Interpretation in Hungary 159 / 6. The Lukácsian Stand 162 / 7. Lukács’s Recognitions 168 / 8. Some Criticism 169 / II. The Law’s Understanding 171 / 9. Law Interpreted as Superstructure 171 / 10. Conclusions Drawn for the Law’s Understanding 173 // LEGAL THEORY IN TRANSITION (A PREFACE FROM HUNGARY) [2000] 177–186 // DEVELOPMENT OF THEORETICAL LEGAL THOUGHT IN HUNGARY AT THE TURN OF THE MILLENNIUM [2006] 187–215: 1. International Environment 188 / 2. The Situation in Hungary 190 / 3. Outlook I: The Historical-comparative Study of Legal Cultures and of the Lawyerly Way of Thinking 203 / 4. Outlook II: The Paradigmatic Enigma of the Transition to Rule of Law 207 / 5. Incongruity in Practice 213 / 6. Perspectives 214 --- TWENTIETH CENTURY CONTEMPORANEITY -- CHANGE OF PARADIGMS IN LEGAL RECONSTRUCTION: CARL SCHMITT AND THE TEMPTATION TO FINALLY REACH A SYNTHESIS [2002] 219–234: 1. Dangers of Intellectualism 219 / 2. Schmitt in Facts 221 / 3. Schmitt and Kelsen 222 / 4. On Bordering Conditions 226 / 5. With Kelsen in Transubstantiation 230 / 6. Polarisation as the Path of Theoretical Development 232 // KELSENIAN DOCUMENTS IN HUNGARY: CHAPTERS ON CONTACTS, INCLUDING THE GENESIS OF AUTOBIOGRAPHY [2006] 235–243: 1. Preludes 235 / 2. The Search for Moór’s Bequeath 235 / 3. Moór’s Collegiality 238 / 4. Bibó as a Disciple Translating 241 // THE »HART-PHENOMENON« [2002] 245–267: I. The Hart-miracle 246 [1. The Scene of Britain at the Time 247 / 2. The Personal Career 250 / 3. The Opus’ Career 252 / 4. Verbal Sociologism 255 / 5. Growing into the British Pattern 259] II. The Hart-phenomenon 260 [6. Origination of a Strange Orthodoxy 261 / 7. Mastering Periods of the 20th Century 263 / 8. Raising the Issue of Reception in Hungary 365] // LITERATURE? A SUBSTITUTE FOR LEGAL PHILOSOPHY? [2007] 269–287: 1. The Enigma of Law and its Study 269 / 2. “Law and Literature” 271 / 3. Varieties of “Law and Literature” 274 / 4. The German Study of Artistic Representations 280 / 5. Some Literary Reconsiderations 285 / 6. Conclusion 287 --- APPENDIX -- THE PHILOSOPHY OF TEACHING LEGAL PHILOSOPHY IN HUNGARY [2007] 291–320: I. Why and How to Philosophise in Law? 291 / II. The State of Teaching Legal Philosophy 294 / III. The Philosophy of Teaching Legal Philosophy 296 / IV. Programme at the Catholic University of Hungary 300 [1. Graduate Studies 300 {a) Basic Subjects 301 / b) Facultative Seminars 305 / c) Closing Subjects 309 / d) Written Memoranda and the Thesis 312} 2. Postgraduate Studies 313 / 3. Conclusion 317] V. Perspectives 318 /// Index of Subjects 321 / Index of Normative Materials 328 / Index of Names 329 . (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)

Legal theorists seek to persuade other jurists of certain theories: Textualism or purposivism; formalism or realism; natural law theory or positivism; prison reform or abolition; universal or particular human rights? Despite voluminous literature about these debates, tremendous uncertainty remains about which views experts endorse. This Article presents the first-ever empirical study of American law professors about legal theory questions. A novel dataset of over six hundred law professors reveals expert consensus and dissensus about dozens of longstanding legal (...) theory debates. -/- Law professors also debate questions about the nature of the legal academy. Descriptively, which subjects (e.g. constitutional law) and methods (e.g. law & economics) are most central within the legal academy today? And prescriptively, should today’s legal academy prioritize additional areas (e.g. legislation) or methods (e.g. critical race theory)? There is great interest in these questions but no empirical dataset of experts’ views; this results in uncertainty about which views experts endorse. This Article’s empirical study also clarifies these questions, documenting law professors’ evaluation of over one-hundred areas of law. -/- The legal theory and legal academy findings support implications for legal scholarship, education, and practice. Clearly, debates about law and the legal academy’s evolution should not be settled by a survey. Nevertheless, insofar as law professors are experts about these issues, it is instructive to discover and carefully examine what views those experts hold, so as to help determine which views are most likely to be true and how the legal academy ought to develop. (shrink)

The ‘community of inquiry’ as formulated by CS Peirce is grounded in the notion of communities of disciplinary-based inquiry engaged in the construction of knowledge. The phrase ‘converting the classroom into a community of inquiry’ is commonly understood as a pedagogical activity with a philosophical focus to guide classroom discussion. But it has a broader application, to transform the classroom into a community of inquiry. The literature is not clear on what this means for reconstructing education and how it (...) translates into schooling practices. Integral to the method of the community of inquiry is the ability of the classroom teacher to actively engage in the theories and practices of discipline-based communities of inquiry so as to become informed by the norms of the disciplines, not only to aspire to competence within the disciplines, but to develop habits of self-correction for reconstructing those same norms when faced with novel problems and solutions, including those in the classroom. (shrink)

This essay is motivated by a common call for a reconceptualization of educational processes. Taking the contemporary era of informationalism,2 transnational knowledge economies,3 and, by implication, an epistemification of everyday life,it is held that the dynamics of globalized knowledge structures, altered epistemic cultures, and learning seems to be undertheorized.5 One distinct dilemma seems to be the inherent paradox of the current discourses, signifying — on the one hand — a move away from “the postmodern condition” towards universalism, while — on (...) the other hand — carrying an anti-universal thrust, emphasizing diversity, complexity, and hybridity of knowledge. My essay will by no means offer any solution to the paradox. Nevertheless, in giving an account of C.S. Peirce’s later semeiotic, while pointing to some fruitful contributions from his “speculative rhetoric,” I here explore how Peirce may help to illuminate the dynamic relations of knowledge and learning within a globalized world of change.6 In what ways may Peirce’s later semeiotic carry a promise of a productive theory of the dynamics of knowledge and learning that moves Beyond traditional notions of educational processes? (shrink)

Writing strategic documents is a major practice of many actors striving to see their educational ideas realised in the curriculum. In these documents, arguments are systematically developed to create the legitimacy of a new educational goal and competence to make claims about it. Through a qualitative analysis of the writing strategies used in these texts, I show how two of the main actors in the Czech educational discourse have developed a proof that a new educational goal is needed. I draw (...) on the connection of the relational approach in the sociology of education with Lyotard’s analytical semantics of instances in the event. The comparison of the writing strategies in the two documents reveals differences in the formation of a particular pattern of justification. In one case the texts function as a herald of pure reality, and in the other case as a messenger of other witnesses. This reveals different regimens of proof, although both of them were written as prescriptive directives – normative models of the educational world. (shrink)

As a practicing life scientist, Descartes must have a theory of what it means to be a living being. In this paper, I provide an account of what his theoretical conception of living bodies must be. I then show that this conception might well run afoul of his rejection of final causal explanations in natural philosophy. Nonetheless, I show how Descartes might have made use of such explanations as merely hypothetical, even though he explicitly blocks this move. I conclude by (...) suggesting that there is no reason for him to have blocked the use of hypothetical final causes in this way. (shrink)

This dissertation explores how antiquity and some of its early modern admirers understand the notion of certainty, especially as it is theorized in Quintilian's Institutio Oratoria, a first-century educational manual for the aspiring orator that defines certainty in terms of consensus. As part of a larger discussion of argumentative strategies, Quintilian turns to the “nature of all arguments,” which he defines as “reasoning which lends credence to what is doubtful by means of what is certain” (ratio per ea quae certa (...) sunt fidem dubiis adferens: quae natura est omnium argumentorum, V.10.8). These certainties, he later specifies, include not matters of scientific demonstration or objective fact, but the agreements of various communities: the laws of cities, local customs, and other forms of consensus. As the foundation of persuasive rhetoric, these consensus-based certainties situate argumentation as the practice of crafting agreements rather than demonstrating necessary conclusions. Taking as its point of departure Quintilian's novel understanding of certainty, this study looks to some of Quintilian's intellectual forebears as well as his later readers to show how his work is both a nexus of earlier intellectual developments as well as an important inspiration for later accounts of certainty, even into the early modern period. After illustrating in the first chapters of this dissertation how Quintilian's manual incorporates elements from Aristotelian notions of dialectic and rhetoric as well as from Ciceronian skeptical approaches to epistemology, I show how Quintilian's curriculum for the orator shapes the thought of Italian humanists, especially that of Lorenzo Valla (1406–1457), a reformer of scholastic logic and dialectic, and Giambattista Vico (1668–1744), an influential Neapolitan jurist. Adopting Quintilian's rendering of certainty as a matter of agreements and conventions, these later authors elaborate their own novel approaches to various fields—including law, language, and logic—through this ancient understanding of certum. Contrary to modern notions of certainty as objective or scientific fact, Quintilian's humanist readers continue to root this concept in consensus, both within the courtroom and without. (shrink)

Legal philosophers distinguish between a static and a dynamic interpretation of law. The former assumes that the meaning of the words used in a legal text is set at the moment of its enactment and does not change with time. The latter allows the interpreters to update the meaning and apply a contemporary understanding to the text. The dispute between these competing theories has significant ramifications for social and political life. To take an example, depending on the approach, (...) the term “cruel punishment” used in the US Constitution will be given an 18th century meaning or a contemporary one. -/- The philosophy of language seems to provide greater support to the static approach to legal interpretation. Within this approach the lawmaker is perceived as a speaker and legal texts are interpreted as utterances. As a consequence, interpretation is a quest for the speaker/lawmaker’s intention or the public meaning that prevailed at the time of enactment. Neither the intention nor the public meaning are considered to have changed in time. -/- In this paper I argue that the philosophy of language provides the dynamic approach with an equally robust support as the static one. This support comes from an externalist perspective in semantics, rooted in philosophical pragmatism and supported by Ruth Millikan’s concept of meaning as proper function. Grounding the dynamic approach in a well-founded linguistic philosophy rises to the challenge presented by the originalists’ declaration that “it takes a theory to beat a theory”. (shrink)

David McCarthy has recently suggested that our compensation and liability practices may be interpreted as reflecting a fundamental norm to hold people liable for imposing risk of harm on others. Independently, closely related ideas have been criticised by Stephen R. Perry and Arthur Ripstein as incompatible with central features of negligence law. We aim to show that these objections are unsuccessful against McCarthy’s Risk–liability theory, and that such an approach is a promising means both for understanding the moral basis of (...) liability for negligence and for reasoning about possible reforms of the institution of negligence law. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:What's so Important about Music Education?Leonard TanJ. Scott Goble, What's so Important about Music Education? (New York, NY: Routledge, 2010)In What's so Important about Music Education, J. Scott Goble proposes a new philosophical foundation for music education in the United States based on the theory of semiotics by American pragmatist Charles Sanders Peirce. Following a brief summary, I will note several merits in Goble's (...) book before sketching four recommendations for future editions.In Chapter One, Goble notes how the inclusion of non-Western musics in the public schools as espoused in the 1967 Tanglewood Declaration has raised two crucial questions: "Whose music should be included in the curriculum?" and "What is the role or social importance of public school music education in the United States as a postmodern society?" Noting that music education was established in the United States during the modern era, and that the Tanglewood Declaration did not account for vast differences in beliefs about music, Goble argues that there is a need to establish a new philosophical foundation that can accommodate the varied beliefs and practices of diverse cultural groups in postmodern United States.In Chapter Two, Goble sketches and critiques five cultural anthropologists. Of the five, he singles out Clifford Geertz's conception of culture as "semiotic [End Page 201] webs" (p. 20) as the conceptual foundation that is appropriate for this study. He then links Geertz's notion of culture to the semiotic theory of C. S. Peirce which is to become the theoretical underpinning of the book. Subsequently, he unpacks many key Peircian themes: human conceptions are maintained not individually but collectively in cultural groups, provisional truth (as opposed to absolute Truth) is relative and dependent on conceptions of communities, and the scientific method is the sole mode of inquiry by which people in communities may use to satisfy their doubts to formulate beliefs. Most importantly, Goble expounds the "pragmatic maxim" that since humans live in communities united by common beliefs, "the 'clear' meaning of an idea held by a member of the community will almost inevitably stem from the beliefs—or ways of understanding—held by members of that community" (p. 30). Goble concludes the chapter by presenting the Peircian semiotic system of cognition which posits that a "sign" is conceptualized in a triadic relationship: the Sign or "Firstness," the Object or "Secondness," and the Interpretant or "Thirdness" (p. 33).In Chapter Three, Goble considers how music is a sign based on the theoretical framework laid in Chapter Two. Drawing on the work of ethnomusicologists, anthropologists, psychiatrists, and a neuroscientist, he formulates a Peircian pragmatic approach to musical practices which posits that "the musical practices of different cultural communities represent a diverse cluster of community-specific ritualized behaviors involving sound" (p. 252). Furthermore, each of the musical practices "serves those persons who meaningfully participate in it as a means of psychophysiological, psychosocial, and/or sociopolitical equilibration relative to the worldview—or ordered conception of Reality—they tacitly share" (p. 252). For Goble, this pragmatist conception of musical practices is neither ethnocentric, universalist, nor relativist, and can serve as a conceptual framework for all diverse musical practices in postmodern United States.With the Peircian pragmatic conception in mind, Goble examines historical factors that contributed to current conceptions of music in the United States in Chapter Four. He laments that as a result of European Enlightenment and three socio-political phenomena in the United States (the separation of church and state, promotion of no other worldview than democracy, and adoption of democratic capitalism), music is no longer pragmatically oriented but trivialized and pursued by self-serving musicians.In Chapter Five, Goble traces the philosophical justifications for music education throughout the history of the United States. While the sign "musical practice" was conceptualized as "worship" in colonial America, the sign "music" was conceived as "art" during the age of Enlightenment, and as "product" during the age of science and technology. Noting that Bennett Reimer's music education as aesthetic education is limited in its Western focus on music as works [End Page 202] of artistic objects, Goble aligns his Peircian conception along praxial lines—in particular, with... (shrink)

The hermeneutic pragmatism explored in this article timely examines how “post-truth” claims over-estimate semantic freedoms while at the same time underestimating semantic and pre-semantic restraints. Such pragmatism also timely examines how formalists err by committing the reverse errors. Drawing on insights from James, Peirce, Putnam, Rorty, Gadamer, Derrida, and others, such hermeneutic pragmatism explores (1) the necessary role of both internal and objective experience in meaning, (2) the resulting instrumental nature of concepts required to deal with such experience, (3) the (...) related need for workability to apply to the “the collectivity of experience’s demands, nothing being omitted,” (4) the inherent role of morality and other norms in measuring such workability, (5) the semantic as well as experiential nature of our workable realities, (6) the semantic freedoms involved in constructing, framing, and retaining our workable realities and concepts, and (7) the semantic, pre-semantic, and other restraints on constructing, framing, and retaining our workable realities and concepts. -/- Such hermeneutic pragmatism also introduces Eunomia, a real-world alternative to Dworkin’s superhuman judge Hercules. Named after the Greek goddess of good order, the human Eunomia represents the reasonable judge excellently versed in (among other things) legal theory, legal practice, linguistics, and philosophy of language. Additionally, in its appendices, this article surveys the pragmatic restraints of “implementives” and provides a detailed overview of pragmatic “workability” restraints for both law and fact. -/- (By “sense” the title of this article means not only “meaning conveyed or intended” but also “capacity for effective application of the powers of the mind as a basis for action or response.” See Sense, MERRIAM-WEBSTER’S COLLEGIATE DICTIONARY (11th ed. 2014) “Workable” has the broad meaning discussed in Sections II, IV, and Appendix C of the Article, and "good" is further explored in the section on Eunomia, namesake of the Greek goddess of good order.) -/- Keywords: Pragmatism, Hermeneutic, Truth, Rule of Law, William James, C.S. Peirce, Hilary Putnam, Richard Rorty, Gadamer, Habermas, Derrida, Lon Fuller, H.L.A. Hart, Post-truth, Postmodernism, Trump, Rhetoric, Meaning, Interpretation, Metaphor, Category, Lifeworld, Formalism, Framing, Deconstruction. (shrink)

Many wrongly believe that emotion plays little or no role in legal reasoning. Unfortunately, Langdell and his “scientific” case method encourage this error. A careful review of analysis in the real world, however, belies this common belief. Emotion can be cognitive, and cognition can be emotional. Additionally, modern neuroscience underscores the “co-dependence” of reason and emotion. Thus, even if law were a certain science of appellate cases (which it is not), emotion could not be torn from such “science.” (...) -/- As we reform legal education, we must recognize the role of cognitive emotion in law and legal analysis. If we fail to do this, we shortchange law schools, students, and the bar in grievous ways. We shortchange the very basics of true and best legal analysis. We shortchange at least half the universe of expression (the affective half). We shortchange the importance of watching and guarding the true interests of our clients, which interests are inextricably intertwined with affective experience. We shortchange the importance of motivation in law, life, and legal education. How can lawyers understand the motives of clients and other relevant parties without understanding the emotions that motivate them? How can lawyers hope to persuade judges, other advocates, or parties across the table in a transaction without grasping affective experience that motivates them? How can law professors fully engage students while ignoring affective experience that motivates students? Finally, we shortchange matters of life and death: emotions affect health and thus the very vigor of the bar. -/- Using insights from practice, modern neuroscience, and philosophy, I therefore explore emotion and other affective experience through a lawyer’s lens. In doing this, I reject claims that emotion and other affective experience are mere feeling (though I do not discount the importance of feeling). I also reject claims that emotion and other affective experience are necessarily irrational or beyond our control. Instead, such experience is often intentional and quite rational and controllable. After exploring law and affective experience at more “macro” levels, I consider three more specific examples of the interaction of law and emotion: (i) emotion, expression, and the first amendment, (ii) emotion in legal elements and exceptions, and (iii) emotion and lawyer mental health. To provide lawyers and legal scholars with a “one-source” overview of emotion and the law, I have also included an Appendix addressing a number of particular emotions. -/- Keywords: Emotion, Cognitive Emotion, Reason, Logos, Pathos, Legal Analysis, Legal Reasoning, Neuroscience, Philosophy, Persuasion, Rhetoric, Expression, First Amendment, Free Speech, Common Law Murder, Mental Health, NAACP v. McCrory, Anger, Contempt, Disgust, Hate, Malice. (shrink)

A close reading of Peirce’s pragmatic maxim shows a correlation between meaning and purpose. If the meaning of a concept, proposition or hypothesis is clarified by formulating its practical effects, those also can be articulated as practical maxims. To the extent that the hypotheses or propositions upon which they are based are true, practical maxims recommend reliable courses of action. This can be translated into a broader claim of an integral relation between semiosis and goal-directed or teleological systems. Any goal-directed (...) system, to be propagating, must be capable of coordinating the information in its internal or endergonic processes with exergonic information found in its environment. Signs are critical links between these two sources of information and must also serve as steering mechanisms for that system as well. If signs detected or represented information in the environments without using that information to steer the system, it would have no practical effect on the system; conversely, if a system could steer itself, but had no representation of exergonic information, it would fail to be propagating. Obviously, to get food, it must not only find it, but must also use that information to direct its behavior in a manner that makes use of that food. Using concepts found in complex systems and modern information theory, it is argued that this analysis requires a distinction between information and meaning. The result of this investigation is the claim that meaning can be understood as the propagating work of information. The remainder of the paper follows some of the ramification of this analysis for Peirce’s semiotic theory. (shrink)

There is a fundamental incompatibility between a developmental orientation to education and instrumental and scientistic conceptions of rationality that dominate educational inquiry. An expanded conception of rationality is provided in the critical theory of Jurgen Habermas. This study draws on Habermas' work to present a theory of inquiry that is consistent with a developmental perspective. I distinguish three interdependent realms of experience--the objective world of nature, the intersubjective world of society and the subjective world of each individual. Then, I (...) argue that current conceptions of rationality tend to reduce personal and interpersonal experience to the objective material realm. Under prevailing conceptions, human action is rational when it pursues valued ends guided by knowledge about the world and effective means-ends relationships. Both theories of knowledge and theories of value in these conceptions are inadequate for a developmental orientation. -/- First, knowledge is defined as justified true belief. Theories of truth are based on the correspondence of beliefs with an external world; theories of justification are based on perceptual certainty. These conceptions objectify experience by making experience an object of natural science and instrumental action separate from and external to the person. Such conceptions reduce experience to the objective material dimension and cannot adequately account for the personal and interpersonal dimensions of human experience and understanding. -/- Second, because value claims are not capable of justification by these standards, they are considered ultimately irrational and treated as subjectively held empirical properties of individuals. The only standard of rationality is efficiency and economy in the selection of means. Ethics is reduced to empirical science. But the removal of practical questions from public discourse divests action of ethical significance. With its strict separation of descriptive and normative domains, empirical-analytic inquiry can neither acknowledge its standard of instrumental efficiency nor reach into the practical arena to guide the selection of values and ends that orient and gude human action. Practical questions that cannot be framed in terms of technical problems cannot be taken seriously. -/- Whereas these conceptions of rationality are generally derived from theories of experienced based on individual consciousness, Habermas looks to language for a more adequate account of the intersubjective nature of experience. This account provides an expanded conception of rationality with theories for justifying beliefs and actions that incorporate the personal and interpersonal dimensions of experience so critical to a developmental perspective. Through an analysis of the universal pragmatic structure of language directed to the resolution of problematic truth claims and moral claims, this study presents a consensus theory of truth (for a more adequate theory of knowledge) and a communicative theory of ethics (based on a more adequate theory of human values). -/- The concept of truth refers to a universal pragmatic convention of the unforced agreement of an ideal community of inquirers. Ethical conduct is guided by norms that reflect a rational general will and that regulate genuine human needs. Problematic truth claims and moral claims are discursively justified by the force of the better argument under the conditions of an anticipated "ideal speech situation" inherent in the very structure of communication. Furthermore, a theory of inquiry is developed in which inquiry processes are represented as historically evolved extensions of developmental process in the three realms of experience. Three interrelated forms of inquiry are derived--empirical-analytic, hermeneutic and critical. I derive each from its respective experiential realm, and indicate the logic of inquiry, object domain, and kind of knowledge gained from each. -/- An exploration of the relationship between inquiry and development provides a foundation for a developmental orientation to education. Finally, the theory is contrasted with prevailing inquiry approaches in education and illustrated with an application to a particular educational problem. (shrink)

The aim of this article is to address the problem of what is usually called “self-consciousness” by studying Charles S. Peirce’s semeiotic treatment of self-referential statements. Peirce believes that an adequate study of the mind requires “to reduce all mental action,” including “self-consciousness,” “to the formula of valid reasoning” and its semeiotic nature. While Peirce makes frequent use of the notion of “consciousness,” he is at the same time distant from the understanding of the “conscious mind” that Descartes invented and (...) made canonical, and which from the modern epoch stretches out to the contemporary discussion on, as David Chalmers put it, the “hard problem” of the mind. In what follows, I argue that Peirce puts forth a powerful theory of self-consciousness based on his semeiotic understanding of self-reference and indexicality. To the question, “How can we elucidate the phenomenon of self-consciousness?”, we should answer, with Peirce, “What we call self-consciousness corresponds to the practice of narratives and descriptions ultimately based on indexical self-referential statements, which are in turn rooted in very specific dimensions of human experience.” It is also important to underscore from the outset that the problem of indexical self-reference cannot be separated from Peirce’s concept of experience, which is one of the most interesting insights of Peirce’s philosophy and classical American pragmatism. In particular, it will be essential to see what are the experiential-perceptual conditions under which indexical self-referential statements can work as such. (shrink)

Interpretations of Peirce’s development after 1898 often mix three kinds of arguments: one argument about belief, one argument about philosophy and practice, and one argument about the causal role of James’s writings on Peirce’s development. I shall focus here on the last two points: theory and practice and the alleged role of James. James’s role in Peirce’s development is somewhat overestimated and one can doubt Peirce’s worries about the dogmatic use of the scientific method and of philosophy in morals are (...) conditioned by James’s writings only. Peirce’s re-readings and refinements of his Illustrations started no later than the early 1880s, at a time when James was not as central a reference as it became after 1900 for the philosophic stage. To support that claim, I wish to focus here on one particular point: the distrust towards those who try to “mingle” philosophy and practice is by no means a new theme in the 1890s. One of the most telling examples of such a claim is the 1885 review of Royce’s The Religious Aspect of Philosophy, some thirteen years before the quarrel over pragmatism started. (shrink)

CLE aims and clients’ needs conflict where students’ interests are put beyond clients’ needs. Students have interests in gaining employment, impressing instructors and supervisors, and experiencing the active application of law. Where the clients’ service-needs are subordinated to students’ interests, the relationship between the two—the ‘tension’—is tilted in a manner in which the clients are disserved through the fulfilment of students’ interests. This may be exacerbated by faulty institutional cultures where clinical faculty are treated differently, or as less accomplished or (...) ‘worthwhile’ than their ‘traditional’ counterparts. This also emphasizes that it is the clinical law faculty who may exacerbate or assuage the tension, as it is for clinical faculty to assure that clients’ needs are met on ethical grounds,20 and to equate the practice of law with excellence before students. (shrink)

Learner autonomy has gained particular attention in Vietnamese higher education since a major education reform launched in 2005. Although a number of studies have been conducted to investigate the concept in the Vietnamese higher education context, most of them have focused on exploring teachers’ and students’ perceptions and beliefs around the concept of autonomy (T. V. Nguyen, 2011; Dang, 2012; Humphreys & Wyatt, 2013; T. N. Nguyen, 2014), and on the possibility of promoting it in Vietnamese universities (...) (Trinh, 2005; L. T. C. Nguyen, 2009; Q. X. Le, 2013; Phan, 2015). There appear to be no studies on the demonstration of learner autonomy and the potential factors, including factors relating to assessment practice, that support or inhibit its demonstration in the Vietnamese higher education context. Building on a social constructivist paradigm and sociocultural theories of learning, this qualitative case study aims to investigate the demonstration of learner autonomy in the context of assessment in English as a foreign language (EFL) classes in a university in Vietnam, and the (potential) factors in assessment that facilitate or constrain the demonstration of learner autonomy in that context. The data were collected through participant observation of teachers’ and students’ practices in three EFL classes at the university during a complete semester, one-on-one semi-structured interviews with three teachers and sixteen students, and post-observation interviews with the three teachers and their students. Additional data which characterised the context of the study were gathered and included documents at the researched university relating to higher education policies, assessment policies, English teaching and learning policies, EFL curriculum and syllabus, test samples, and English teaching textbooks. The study found that students generally demonstrated a low level of autonomy in the classroom despite their positive attitude towards the concept and their awareness of its role in English learning. Primary contributing factors included negative washback of current assessment systems on teaching and learning practices, prescribed assessment practices in the class, teachers’ and learners’ limited and divergent understanding about the concept of learner autonomy, and their limited understanding about the role of assessment in learning in general and in learner autonomy promotion and development in particular. The study also found that students who stated that English was relevant to their personal needs were generally more autonomous outside of the classroom than inside it. Findings from this study support the view that learner autonomy reflects the relationship between learners and the learning environment, and is an emergent product of the interaction between learners and contextual factors including their teacher, their peers, the learning task, class rules and values, and university values and regulations. The study’s findings are significant, as they highlight the social dimension of learner autonomy and the importance of facilitating favourable conditions for teachers to provide learner autonomy and for learners to manifest it. The study also highlights the need to reconsider assessment practices to promote learner autonomy. (shrink)

Nyerere’s philosophy of education is one of the most influential and widely studied theories of education. Policy-makers have continued to draw from it for policy re-engineering. In this paper, the Nigerian educational system is examined in the light of the philosophy. This approach is predicated on the informed belief that there are social and historical commonalities between Nigeria and the target-society of Nyerere’s philosophy. To this end, it argues that the philosophy holds some important lessons for Nigeria’s (...) class='Hi'>education. For this reason, there is need to inject some doses of its principles into the body polity of Nigeria’s education. The article identifies three areas – school financing, curricula development and entrepreneurial education – where the principles of the philosophy can be practically invaluable for Nigeria. In the final analysis, the paper identifies the linkage between national philosophy of education and national developmental ideology; and argues that a national philosophy of education of any country must be embedded in the national development ideology of that country of which the country’s philosophy of education must drive. (shrink)

Is the family subject to principles of justice? In "A Theory of Justice", John Rawls includes the (monogamous) family along with the market and the government as among the, "basic institutions of society", to which principles of justice apply. Justice, he famously insists, is primary in politics as truth is in science: the only excuse for tolerating injustice is that no lesser injustice is possible. The point of the present paper is that Rawls doesn't actually mean this. When it comes (...) to the family, and in particular its impact on fair equal opportunity, (the first part of the Difference Principle, Rawls' second principle of justice), he abandons the priority of justice. I also argue that he is right to do so. -/- The central argument is simple. As Rawls admits, what family one is raised by profoundly affects one's life chances: a child raised by a family has far greater life chances on every dimension than one raised in a poorer family that may lack books, education, and time to give the child attention. But the prevailing family arrangements in the industrialized West, assigning children to be raised by their biological parents, is guaranteed to perpetuate this injustice. While Rawls says an unjust institution in the basic structure of society, in which he includes the family, must be, "reformed or abolished," he refrains from calling for the reform or abolition of the family. We must simply work around it to compensate for the injustices he admits it involves. And this despite the fact that alternative arrangements involving communal child-rearing (Plato) or assigning children to those best qualified to raise them (Rousseau) are common in the philosophical literature. Moreover, the practice of having children raised by their biological parents is a relatively recent one, at least in the West, where, before the late 18th century, fostering-out or apprenticeship arrangements were normal and expected for both rich and poor for centuries. -/- Much of the paper is devoted to fine-grained textual analysis of Rawls' attempts to avoid the devastating implications of this argument for his theory of justice -- much of which are stated only in the original edition of "A Theory of Justice" and simply deleted, without substitution by anything better, in the second edition. In the end, Rawls has no way out. He cannot keep the priority of justice, fair equality of opportunity, and the monogamous family in which children are raised by their biological parents. As he admits, these are mutually inconsistent. -/- In the final part of the paper, I argue that Rawls should give up on the priority of justice. While child-rearing by the biological parents is a historical anomaly, in the real modern world it would be politically unfeasible to institute Platonic, Rousseauean, or similar legislation that purportedly assigned children to those best able to raise them, regardless of biological relationship. Since Rawls is committed to principles of political stability and feasibility, as he should be, and since ought implies can, such proposals are off the table. I concur with Rawls that we must work around this injustice, even those there are more just arrangements available in principle. But the cost of this -- less high than Rawls suggests -- is abandoning the principle of the priority of justice. Justice is one of a number of considerations that we must or may balance in deciding on the best attainable social relations. It is not a trump. However, this comes a great cost for Rawls: he must also abandon the lexical ordering of principles of justice or, in general, right or good principles of social order, in favor of the messy intuitionist balancing that his theory is designed to avoid. -/- One feature of the paper that is worth independent attention is a discussion of Marx's rejection of justice in the Critique of the Gotha Program, which I explicate, and urge, without adopting it, that it has a great deal more force than is widely understood. (shrink)

The investigation into logical form and structure of natural sciences and mathematics covers a significant part of contemporary philosophy. In contrast to this, the metatheory of normative theories is a slowly developing research area in spite of its great predecessors, such as Aristotle, who discovered the sui generis character of practical logic, or Hume, who posed the “is-ought” problem. The intrinsic reason for this situation lies in the complex nature of practical logic. The metatheory of normative educational philosophy and theory (...) inherits all the difficulties inherent in the general metatheory but has also significantly contributed to its advancement. In particular, the discussion on its mixed normative-descriptive character and complex composition has remained an important part of research in educational philosophy and theory. The two points seem to be indisputable. First, the content of educational philosophy and theory is a complex one, connecting different disciplines. Second, these disciplines are integrated within the logical form of practical inference or means-end reasoning. On the other hand, the character of consequence relation in this field, although generally recognized as specific, represents an unresolved prob- lem, a solution of which requires a sophisticated logical theory and promises to influence the self- understanding of educational philosophy and theory. (shrink)

Descartes was born in La Haye (now Descartes) in Touraine and educated at the Jesuit college of La Fleche` in Anjou. Descartes’modern reputation as a rationalistic armchair philosopher, whose mind–body dualism is the source of damaging divisions between psychology and the life sciences, is almost entirely undeserved. Some 90% of his surviving correspondence is on mathematics and scientific matters, from acoustics and hydrostatics to chemistry and the practical problems of constructing scientific instruments. Descartes was just as interested in the motions (...) of matter as in the supernatural soul, and he advised against spending too much time on metaphysical inquiries which neglect imagination and the senses. After meeting the Dutch engineer Isaac Beeckman in 1618, Descartes became committed to a systematically ‘mechanical’account of nature. This involved explaining all natural processes in terms of interactions between microscopic material bodies in motion. Descartes modelled his physics and cosmology on the behaviour of fluids, which also have a distinctive and central role in his physiology: the key processes for natural philosophical investigation are the circulation and mutual displacement of constrained bodies, rather than the isolated collisions of atoms in a void. Descartes settled in Holland in 1628, and commenced an ambitious programme of physiological research. In 1630 he was ‘studying chemistry and anatomy simultaneously’, and in late 1632 he was ‘dissecting the heads of various animals’, in order to ‘explain what imagination, memory, etc. consist in’. By late 1633 Descartes had almost completed L’homme, the Treatise on Man; but he abandoned plans to publish it along with a work on matter theory and optics which relied on Copernican cosmology, after he heard of the condemnation of Galileo. L’homme was published posthumously in 1662 (Latin) and 1664 (French); not until 1972 was it fully translated into English. L’homme draws on many (mostly unnamed) Renaissance medical writers, and covers, firstly, a range of traditional physiological topics, such as digestion and respiration.. (shrink)

A SECOND COMPLETELY REVISED EDITION OF THIS TEXTBOOK ON INTERDISCIPLINARY RESEARCH WAS PUBLISHED WITH AMSTERDAM UNIVERSITY PRESS IN 2022. Check out that version here and a PDF of its ToC and Introduction, as this first edition (AUP 2016) is no longer available. [This book (128 pp.) serves as an introduction and manual to guide students through the interdisciplinary research process. We are becoming increasingly aware that, as a result of technological developments and globalisation, problems are becoming so complex that they (...) can only be solved through cooperation between multiple disciplines. Healthcare, climate change, food security, energy, financial markets and quality of life are just a few examples of issues that require scientists and academics to work in a crossdisciplinary way. As a result of these developments, an interdisciplinary approach is becoming increasingly popular in higher education and must be considered an absolute necessity. Young academics are being called on to step beyond the boundaries of traditional disciplines in order to contribute to addressing fundamental problems and solving challenges facing society. There is a need for people who are not afraid to ask critical questions, who can work together well and can look beyond the boundaries of their own field. This means students need to learn more about how they can integrate and apply knowledge, methods and skills from different fields. Interdisciplinary research projects and practical training courses offer students more than one perspective on the same subject. Comparing and contrasting, connecting, adding and adapting concepts, theories and methodologies from different disciplines ultimately results in new insights and better answers to complex problems.]. (shrink)

This paper examines East Asian literati’s sisŏhwa (poetry, calligraphy and painting) mainly done by ink and wash painting and focuses on their painting theories related to integrative learning and artistic practice. The literati expressed their philosophical ideas using visual and textual language according to Illyul theory based on the Sŏhwa Same Origin theory. They delivered their intentions through symbolic meaning of the visible in terms of the Uisang theory, and put emphasis on ki in their pictorial space using the Kiunsaengdong (...) theory in a monistic universe. The literati’s process of sisŏhwa practice unifies the mind/spirit with body/material and connects humans with nature/the universe. It also enables the creation of a representation of nature according to Shitao’s Oneness of Brushstroke theory. Ultimately it trained them for aesthetic harmony and spiritual enlightenment. As a result, Sisŏhwa Contemplative Practice theory was formed. This paper suggests that this theory should be reconstructed as the basic discipline in education. (shrink)

This article addresses a few moments in the evolution of human security law in Iraq, focusing in particular on the Coalition Provisional Authority, the new Iraqi Constitution, Iraqi High Tribunal (successor to the Iraqi Special Tribunal), and the International Criminal Court. It synthesizes the results of some existing research on ongoing impunity for certain crimes against political candidates, journalists, anti-corruption activists, and ethnic and religious minorities, a situation which may have tainted Iraq’s transition to a more democratic republic, while aggravating (...) other conflicts, such as those in Syria. In theory, the institutions of human and national security can help reconcile peoples whose tenuous unity had been shattered in wartime. The sometimes competing priorities and policies of Iraqi politicians, civil society groups, and judges resulted in swift justice for Iraqi officials responsible for mass killings involving Shi’a Arab, Kurdish, and other victims, but a lack of justice for other segments of the population. The emphasis of some claims of injury over others may have "reenchanted" some sectors of Iraqi society with the state and its institutions, while alienating others and contributing to ruptures in the social fabric. The Coalition Provisional Authority, Iraqi leaders, and international community ensured that the high-profile proceedings against former regime officials would not be accompanied or followed by others that some Iraqis might perceive as being as pressing as those of the Iraqi High Tribunal, relating to the impact of sanctions and aerial bombardment, the legality of Iraq's occupation, torture, etc. (shrink)

This paper expands on another which focussed on Socrates’s question: ‘How should one live?’. The present paper also focusses on the ‘meaning of life’ and ‘meaning in life’ issues, and more on rights. To fully rationally answer Socrates’s question, we need to answer the epistemic question: ‘How can one know how one should live?’. This paper attempts to answer both. And knowing how one should live fundamentally involves knowing what values one should live by. This includes which rights one should (...) have and which rights others should have. So one’s values include how one should treat all persons (and (other) animals, the environment and so on.) All this relates to what one finds meaningful in life and the meaning or point of one’s life. In sum, all the notions in this paper’s title are interrelated. The issue of rationality is crucial here. Just one example here (qualified later) is that our rationality gives us cognitively meaningful notions. ‘Rationality’ here only concerns knowledge, e.g., ways to acquire scientific knowledge, and meta-knowledge concerning values. No values or rights as such are rational or knowledge. However:- Many factors are required for human rationality to exist and develop, e.g., life, mental health and evidence-based education. Human rationality’s need for those factors, hence their value to rationality, is rationally-unquestionable – and that applies to the practised values prescribing the prescribable factors. With this, there are rationally-unquestionable rights to those factors. Those prescribable factors require certain interrelated epistemic, moral, social, political, legal, educational and other values/rights to be practised. This implies a pro-rationality values-theory with one obligatory, general end – a uniquely rationally-unquestionable end. This end provides the basis for answering Socrates’s question as rationally (correctly) as is possible for values/rights. That end is fundamentally epistemic, namely ‘Be pro-rationality’, yet the theory has deeply-humanly-meaningful, universal applications. It has implications for current and all possible moral, social, political, legal, educational, environmental etc issues. E.g., the theory shows that human rationality crucially requires love and certain other emotions, health-care, education and upbringing. These require certain right to be respected and practised. With this, the paper discusses affection, free speech, journalism, psychotherapy, political and sexual consent, responsibilities, freedom and government. The theory’s general sub-values prescribe much prescribed by some other theories, e.g., broad and deep knowledge-acquisition (in certain areas), rationally-critical thinking, non-sexism, non-racism, general types of liberalism, holistic flourishing, happiness, unselfishness and fairness. However, all other values-theories lack pro-rationality theory’s maximum possible rational-unquestionability, internal coherence and coherence with rationality. The theory encourages (the right to) total freedom in a-rationality areas, areas irrelevant to its obligatory end. The theory inherently requires its advocates to be (self )critical, rationally viewing the theory’s necessarily human-suggested specifics as often fallible or unavoidably approximate. So the theory is a work-in-progress. (shrink)

Necessity is a touchstone issue in the thought of Charles Peirce, not least because his pragmatist account of meaning relies upon modal terms. We here offer an overview of Peirce’s highly original and multi-faceted take on the matter. We begin by considering how a self-avowed pragmatist and fallibilist can even talk about necessary truth. We then outline the source of Peirce’s theory of representation in his three categories of Firstness, Secondness and Thirdness, (monadic, dyadic and triadic relations). These have modal (...) purport insofar as the first category corresponds to possibility, the second to mechanical necessity and the third to a kind of semantic or intentional necessity. We then turn to Peirce’s explicit modal epistemology and show how it began as information-relative, with different modalities (e.g. logical, physical, practical) distinguished in terms of respective ‘designated states of information’, and shifted later in his life towards a more robust realism founded in direct perception of ideas in their relations. We then turn to Peirce’s formal logic, focusing on his diagrammatic system of Existential Graphs where he did his most serious logical research. Finally we discuss Peirce’s modal metaphysics and its implications for determinism and realism about universals. (shrink)

It is common to think that what theory of linguistic vagueness is correct has implications for debates in philosophy of law. I disagree. I argue that the implications of particular theories of vagueness on substantive issues of legal theory and practice are less far-reaching than often thought. I focus on four putative implications discussed in the literature concerning (i) the value of vagueness in the law, (ii) the possibility and value of legal indeterminacy, (iii) the possibility of the (...) rule of law, and (iv) strong discretion. I conclude with some methodological remarks. Delineating questions about conventional meaning, the metaphysics/metasemantics of (legal) content determination, and norms of legal interpretation and judicial practice can motivate clearer answers and a more refined understanding of the space of overall theories of vagueness, interpretation, and law. (shrink)

According to a common conception of legal proof, satisfying a legal burden requires establishing a claim to a numerical threshold. Beyond reasonable doubt, for example, is often glossed as 90% or 95% likelihood given the evidence. Preponderance of evidence is interpreted as meaning at least 50% likelihood given the evidence. In light of problems with the common conception, I propose a new ‘relevant alternatives’ framework for legal standards of proof. Relevant alternative accounts of knowledge state that a (...) person knows a proposition when their evidence rules out all relevant error possibilities. I adapt this framework to model three legal standards of proof—the preponderance of evidence, clear and convincing evidence, and beyond reasonable doubt standards. I describe virtues of this framework. I argue that, by eschewing numerical thresholds, the relevant alternatives framework avoids problems inherent to rival models. I conclude by articulating aspects of legal normativity and practice illuminated by the relevant alternatives framework. (shrink)

This article points out the criteria necessary in order for a qualitative scientific method to qualify itself as phenomenological in a descriptive Husserlian sense. One would have to employ description within the attitude of the phenomenological reduction, and seek the most invariant meanings for a context. The results of this analysis are used to critique an article by Klein and Westcott , that presents a typology of the development of the phenomenological psychological method.

Isaac Levi targets an implicit tension in C.S. Peirce’s epistemology, one that exists between the need to always be open-minded and aware of our propensity to make mistakes so that we do not “block the road of inquiry,” and the need to treat certain beliefs as infallible and to doubt only in a genuine way so that inquiry can proceed in the first place. Attempts at alleviating this tension have typically involved interpreting Peirce as ascribing different normative standards to different (...) areas of inquiry. I argue here that such “double-standard” interpretations face significant problems. I offer instead an interpretation of Peirce on which the differences between different areas of inquiry are descriptive rather than normative. Such a view resolves Levi’s tension while interpreting Peirce as consistently subscribing to one normative standard for all inquiry. (shrink)

A guide for translators, about the translation theory, the translation process, interpreting, subtitling, internationalization and localization and computer-assisted translation. A special section is dedicated to the translator's education and associations. The guide include, as annexes, several independent adaptations of the corresponding European Commission works, freely available via the EU Bookshop as PDF and via SetThings as EPUB, MOBI (Kindle) and PDF. For a “smart”, sensible translation , you should forget not the knowledge acquired at school or university, but the (...) corrective standards. Some people want a translation with the touch of the source version, while another people feel that in a successful version we should not be able to guess the original language. We have to realize that both people have right and wrong, and that their only fault is to present requirement as an absolute truth. Teachers agree at least on this principle: “If a sentence is ambiguous, the translation must also be“. There is another critical, less easy to argue, based on an Italian phrase with particularly strong wording: “Traduttore, traditore“. This critique argues that any translation will betray the author‘s language, spirit, style … because of the choices on all sides. What to sacrifice, clarity or brevity, if the formula in the text is brief and effective, but impossible to translate into so few words with the exact meaning? One could understand this criticism that it encourages us to read “in the text.” It seems obvious that it is impossible to follow this advice into practice. CONTENTS: Translation - Assessment of the amount of translated texts - Translation and interpretation - - Translation documents - Translation theories - - Practical / communicative approach - - Approaches of literary theories - - Sociolinguistic mainstream - - Approaches based on linguistic theories - - Approaches based on philosophical and hermeneutic concepts - - Semiotic approaches - The translation process - Types of translations - - Technical translation - Schools of thought - Difficulties associated with specialized domains - The problem of double translation - Thoughts about translation - European standard for translation services - Beautiful infidels - Self-translation - - Types of self-translation - - Factors that promote self-translation - - Self-translation and not authorial translation - Technical translation - - Terminology - - Translation process - - Translation tools - - The technical translator - - - Status - - - Remuneration - Conference interpreting - - Methods of interpretation - - Skills of the interpreter - - Contexts and working languages - - The interpretation in international institutions - - - UNESCO - - - European Union Internationalization and localization - Example - Internationalization and localization - Challenges - Software localization - - Difficulties - - Composing specifications - - Special tools Computer-assisted translation - Translation memory - - Advantages and disadvantages - - General operation - - Various - - Software - Machine translation - - Translation process - - Prerequisites - - Difficulties - - Approaches - - Development - - Existing products and services - - Prospective - Parallel text Subtitle - Subtitling or dubbing? - Description - Subtitling the movies - - Spotting - - Translation - - Simulation - - Engraving, inlaying or packaging - - The live broadcast - Live captioning - - Velotype - - Touch typing - - Computer-aided stenotype - - Speech recognition - Surtitles - - Comments - - Technical means - - Artistic issues - Quasi instant voice translation - - Difficulties - - Ongoing projects - - Future Translation Studies - Theories of translation - Interpretive theory - Back-translation - - The proper use of back-translation - False friends - - Cognates - - - Complete false friends - - - Partial false friends - - False cognates - Translation process - - The implications of the "inside" language - - Total and not absolute translation - - A single model - Untranslatability - - Hovering - - Translation methods - - - Adaptation - - - Calque - - - Compensation - - - Borrowing - - - Periphrasis - - - Translator's note - - Untranslatability of poetry and puns - - An amazing counterexample Translators - Translator's notes - European Master's in Translation - - European Master's in Translation - - - Organization of EMT - - - Core skills - - The EMT label - - EMT Network - - - Eligibility - - Members - European Council of Literary Translators' Associations - - History - - Objectives - International Translation Day Annexes: Translation in EU - Translation Guide - - Think before you write - - - Who will be reading the document? - - - What are you trying to achieve? - - - What points must the document cover? - - Focus on the reader - - - Be direct and interesting - - Get your document into shape - - - When you start - - - As you write - - - Two common problems at the European Commission: - - KISS - Keep It Short and Simple - - - Short... - - - ... and Simple: - - - Simple, uncluttered style also means: - - Make sense - structure your sentences - - Cut out excess nouns - verb forms are livelier - - Be concrete, not abstract - - Prefer active verbs to passive - - - Name the agent - - Beware of false friends, jargon and abbreviations - - - Avoid false friends - - - Avoid or explain jargon - - - Take care with abbreviations - - Revise and cheque check - Clear English Tips - - English prefers to be simple, concise and concrete. - - - Use simple words where appropriate. - - - Prefer a verb to an abstract noun - - - Prefer a gerund to an abstract noun - - - Prefer participles to relative clauses - - - And eliminate participles entirely if appropriate. - - - Use the passive voice sparingly - - - Consider replacing negatives with positives - - - Consider short forms and pronouns to avoid repeating full names … - - - Express conditions, including hidden ones, with ‘if’ ... - - - In general, cut out extra verbiage. - - English prefers straightforward syntax - - - Keep the subject close to the beginning of the sentence - - - Avoid splitting up subjects, modals, verbs and direct objects - - - If a sentence is too long, pull information out into separate sentences. - - - Use topic-introducing phrases sparingly. - - English may use different number, articles, gender or words from other languages - - - Keep uncountable nouns in the singular. - - - Use ‘a’ rather than ‘the’ for members of a class. - - - Do not use gender pronouns for entities. - - - Consider alternatives to ‘of’. - - - Finally, avoid ‘false friends’ in translation. - English Style Guide - - Introduction - - Writing English - - - GENERAL - - - SPELLING - - - PUNCTUATION - - - NUMBERS - - - ABBREVIATIONS AND SYMBOLS - - - Acronyms and initialisms - - - Contractions and truncations - - - FOREIGN IMPORTS - - - PARTS OF SPEECH - - - LISTS - - - SCIENCE GUIDE - - - FOOTNOTES, CITATIONS AND REFERENCES - - - CORRESPONDENCE - - - PERSONAL NAMES AND TITLES - - - NAMES OF BODIES - - - GENDER-NEUTRAL LANGUAGE - - About the European Union - - - THE EUROPEAN UNION - - - PRIMARY LEGISLATION - - - SECONDARY LEGISLATION - - - THE EU INSTITUTIONS - - - REFERENCES TO OFFICIAL PUBLICATIONS - - - EU FINANCES - - - MEMBER STATES - - - OFFICIAL LANGUAGES AND CURRENCIES - - - EXTERNAL RELATIONS - - TRANSLITERATION - - - TRANSLITERATION TABLE FOR GREEK - - - TRANSLITERATION TABLE FOR CYRILLIC - - FORMS OF ADDRESS - - - Envelop - - - Start - - - Close - - - Envelop - - - Start - - - Close - - - Envelop - - - Start - - - Close - - - Envelop - - - Start - - - Close - - - Envelop - - - Start - - - Close - - - Envelop - - - Start - - - Close - - - Envelop - - - Start - - - Close - - - Envelop - - - Start - - - Close - - - Envelop - - - Start - - - Close - - - Envelop - - - Start - - - Close - - - Envelop - - - Start - - - Close - - - Envelop - - - Start - - - Close - Style Guide for EU Member States - - Austria - - - Geography - - - Judicial bodies - - - Legal instruments - - - Government bodies and administrative divisions - - Belgium - - - Geography - - - Judicial bodies - - - Legal instruments - - - Federal structure - - Bulgaria - - - Geography - - - Judicial bodies - - - Legal instruments - - Croatia - - - Geography - - - Regions - - - Judicial bodies - - - Political and administrative structure - - - Legal instruments - - - Law gazettes, official gazettes and official journals - - - Miscellaneous - - Cyprus - - - Geography - - - Judicial bodies - - - Legal instruments - - Czech Republic - - - Geography - - - Judicial bodies - - - Legal instruments - - Denmark - - - Geography - - - Judicial bodies - - - Legal instruments - - Estonia - - - Geography - - - Judicial bodies - - - Legal instruments - - - Law gazettes, official gazettes and official journals - - Finland - - - Geography - - - Judicial bodies - - - Legal instruments - - - Law gazettes, official gazettes and official journals - - France - - - Geography - - - Judicial bodies - - - Legal instruments - - Germany - - - Geography - - - Judicial bodies - - - Legal instruments - - - Government bodies and administrative divisions - - Greece - - - Geography - - - Judicial bodies - - - Legal instruments - - Hungary - - - Geography - - - Judicial bodies - - - Legal instruments - - Iceland - - - Judicial bodies - - Ireland - - Italy - - - Geography - - - Judicial bodies - - - Legal instruments - - Latvia - - - Geography - - - Judicial bodies - - - Legal instruments - - Lithuania - - - Geography - - - Judicial bodies - - - Legal instruments - - - Law gazettes, official gazettes and official journals - - Luxembourg - - - Geography - - - Judicial bodies - - - Legal instruments - - Malta - - - Geography - - - Judicial bodies - - - Legal instruments - - Netherlands - - - Geography - - - Judicial bodies - - - Legal instruments - - Poland - - - Geography - - - Judicial bodies - - - Legal instruments - - - Law gazettes, official gazettes and official journals - - Portugal - - - Geography - - - Judicial bodies - - - Legal instruments - - Romania - - - Geography - - - Judicial bodies - - - Legal instruments - - Slovakia - - - Geography - - - Judicial bodies - - - Legal instruments - - Spain - - - Geography - - - Judicial bodies - - - Legal instruments - - Sweden - - - Geography - - - Judicial bodies - - - Legal instruments - - Turkey - - - Judicial bodies - - - Legal instruments - - United Kingdom - - - Geography Quotes References About the author - Nicolae Sfetcu . 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This paper compares current ways of modeling the inferential structure of practical reasoning arguments, and proposes a new approach in which it is regarded in a modular way. Practical reasoning is not simply seen as reasoning from a goal and a means to an action using the basic argumentation scheme. Instead, it is conceived as a complex structure of classificatory, evaluative, and practical inferences, which is formalized as a cluster of three types of distinct and interlocked argumentation schemes. Using two (...) real examples, we show how applying the three types of schemes to a cluster of practical argumentation allows an argument analyst to reconstruct the tacit premises presupposed and evaluate the argumentative reasoning steps involved. This approach will be shown to overcome the limitations of the existing models of practical reasoning arguments within the BDI and commitment theoretical frameworks, providing a useful tool for discourse analysis and other disciplines. In particular, applying this method brings to light the crucial role of classification in practical argumentation, showing how the ordering of values and preferences is only one of the possible areas of deep disagreement. (shrink)

School boosters are tax-exempt organizations that engage in fundraising efforts to provide public schools with supplementary resources. This paper argues that prevailing forms of school boosting are defeasibly unjust. Section 1 shows that inequalities in public education funding in the United States violate John Rawls’s two principles of domestic justice. Section 2 argues that prevailing forms of school boosting exacerbate and plausibly perpetuate these injustices. Section 3 then contends that boosting thereby defeasibly violates Rawlsian principles of nonideal theory for (...) rectifying injustice. Thus, boosting should be presumptively either made illegal or substantially reformed. Finally, Section 4 responds to potential objections. (shrink)

This anthology focuses on “practical” forms and expressions of knowledge, like thinking through artistic media or by crafting things out of materials. The ten chapters follow and review various tracks in conceptions of contemporary knowledge, exploring human knowledge and experience from the perspective of human activities or practices, professional, artistic, domestic, or whatever. A guiding idea is that human knowledge seldom, perhaps never, fits into the traditional dualism between thinking and doing. -/- The chapters are written by philosophers and musicians (...) – some with a double experience as artists and theoreticians. The themes are philosophical, but above all, they touch on questions that are essential for how we understand ourselves as thinking and playing bodies, indeed as parts of nature. The book does not propose one single “theory of knowledge” but steps towards a more diverse and open attitude to the meaning of knowledge. -/- We hope that the texts will be of interest and useful in both disciplinebased and professional education: in philosophy, art schools, tea cher education, and in other programmes where tacit and practical knowledge are essential for the (future) practitioners. It is possible to independently read, and profit from, most of the chapters. (shrink)

This quantitative study explores the acceptability of Online Learning Action Cell (LAC) practice as a school-based professional development strategy for Tagumpay National High School (TNHS) teachers. The research was motivated by the Department of Education (DepEd) Order No. 35 s. 2016 which prompts public schools to comply with the implementation of LAC sessions because it has a positive impact on teachers’ beliefs and practices resulting in education reforms for learners’ benefit. However, in compliance with DepEd’s policy on maximizing (...) Time-On-Task (DepEd Order No. 9 s. 2005) and the teacher’s conflict of schedule and other ancillary and coordination functions, absences or non-participation in classroom LAC was noted. The viability of offering Online LAC sessions using appropriate media and technologies to provide more options and flexibility for the study is suggested and tested utilizing a conceptual framework drawn from DepEd Order No. 35 s. 2016, Simonson’s Equivalency Theory and Anderson’s Community of Inquiry (COI). A descriptive survey method was used in this study with purposive sampling identifying ten Technology and Livelihood Education (TLE) teachers to pilot the Online LAC based on the memorandum issued by the school head. The subjects went through a week of experience in a LAC session using Facebook (FB) as Learning Management System (LMS) while a researcher-designed survey tool in the form of a Likert-type scale questionnaire was administered via Google forms before and after the online session to measure teacher’s acceptability of Online LAC Session practice. In the analysis, a descriptive statistic shows that pre-post survey results on Online LAC session planning is from ‘moderately acceptable’ to ‘very highly acceptable’; implementation is from ‘acceptable’ to ‘very highly acceptable’, and evaluation is from ‘moderately acceptable’ to ‘very highly acceptable’. TNHS teachers' acceptability of Online LAC session practice increases after their participation in a fully-online learning environment. Limitations, recommendations, future research directions, and conclusions are also included in the study. -/- . (shrink)

In this paper I draw apart two different contexts of Freirean pedagogical practice that I label interactional and institutional. The interactional refers to the immediate learning environment with relation to the interaction between the students and the teacher. In contrast, the institutional refers to how the institutions of education are managed, constructed, and organised and how they relate to the individuals those institutions are composed of. I begin by presenting a brief overview of Freire’s argument in favour of a (...) revolutionary pedagogy. I then highlight how this project is represented at both interactional and institutional levels with a particular focus upon the practice of the revolutionary leaders and their role in the development of the humanisation of the oppressed. In presenting the interactional and institutional elements of Freire’s pedagogy separately the tension between the individual and the state is made plain and the limitations of his politico-educational project are drawn out. I argue that due to an inconsistent application of the relationship between means and ends in Freire’s politico-educational project an incoherence between the interactional and institutional levels of education is highlighted. In responding to this limitation of Freire’s politico-educational project with a thoroughly interconnected relationship of means and ends I show that there remains a necessary conflict between the interests of the individual and the state. As a result of this a door is opened for the development of an argument in favour of the disestablishment of education and state from a Freirean perspective. (shrink)

Even if one sees the law as “a self-contained system of legal reasoning” from which we deduce “neutral,” non-political conclusions from “general principles and analogies among cases and doctrines” (including formalist claims that judges simply call “balls and strikes” like umpires in a baseball game), one should still consider certain characteristics of the party making such deductions or calling such “balls and strikes.” [Relevant citations to quoted language are in the Article.] If such decision maker has questionable motivations, lacks (...) proper perspective, does not grasp the flexibility in the concepts in play, does not grasp the restraints on concepts in play, does not follow the proper processes involved, and lacks the detail, courage, and tenacity needed to reach the proper “deduction” or “call,” on the face of things the formalist, too, should have reason to re-examine any “deduction” or “call” by such party. Thus, even the formalist should not deny the critical role of virtue when examining legal analysis, a role belying the notion of law as a "self-contained system of legal reasoning." -/- This Article thus explores basic freedoms and restraints applicable to legal analysis and the role that virtue plays in balancing such freedoms and restraints. Such exploration covers: (i) the origin, nature, and purpose of concepts and categories used in legal analysis; (ii) the experiential nature of the meaning of such concepts and categories used in legal analysis; (iii) the freedoms and restraints applicable to such concepts and categories as a result of either experience or of the concepts or categories themselves; (iv) how workable notions of virtue rightly balance such freedoms and restraints in legal analysis; (v) the distinction between such virtue and skill; (vi) reconceiving the analytically virtuous mean as a proper balance between such applicable freedoms and restraints; and (vii) defining and surveying the particular virtues that lead us to such proper balance and thus to good legal analysis. My hope is that lawyers and law schools in their curricula will follow such explorations as well in a quest to better understand legal analysis and how to teach and perform it well. (shrink)

‘Epistemic exploitation occurs when privileged persons compel marginalised knowers to educate them [and others] about the nature of their oppression’ (Berenstain, 2016, p. 569). This paper scrutinizes some of the purported wrongs underpinning this practice, so that educators might be better equipped to understand and avoid or mitigate harms which may result from such interventions. First, building on the work of Berenstain and Davis (2016), we argue that when privileged persons (in this context, educators) repeatedly compel marginalised or oppressed knowers, (...) to not only to educate them, but indeed others, about the nature of their oppression, they risk subjecting them to further epistemic-moral harms. This is due to the likelihood that at least some of their audience will assign them less/more credibility than they deserve based on pre-existing identity-based prejudices. Second, though some of these requests to ‘educate’ or ‘learn more’ masquerade as seemingly virtuous or innocuous epistemic inquiries, privileged persons underestimate or remain ignorant of secondary harms which stem from internalized epistemic obligations, oppressive double-binds (Hirji, 2021), and attendant emotional burdens oppressed knowers carry in relation to the ever-present possibility of ameliorating oppressor mindsets. After surveying each context-specific harm briefly, we then turn to an applied reading of how these exploitative practices sometimes culminate in something we refer to as ‘ontic burnout’, a form of interminable explanatory fatigue brought on by repeated requests to educate the privileged about what it means to be oppressed. (shrink)

This paper addresses the rift between the teacher’s sense of self as a causal agent and the experience of being in lack of control in the classroom, by way of Hans Vaihinger’s philosophy of ‘as if.’ It is argued that understanding agential control in terms of a valuable educational fiction—a practical (ethical) fiction in Vaihinger’s vocabulary—can offer a way of bridging this rift and can help teachers make sense of the tension between their felt need to strive for control and (...) their experience of suffering from lack of control. A fiction, it is argued, is different from an illusion in that fictions can be affirmed without being believed. Unlike illusions, valuable fictions can be recognized as fictions and still retain some of their affective power over us, thereby allowing us to act ‘as if.’ In education, this is helpful as it means that we can make use of valuable fictions without assuming that these have to be protected from the critical gaze of non-believers. In fact, we can openly acknowledge that we rely on fictions as this is part and parcel of being a human being with a limited cognitive ability. (shrink)

How can we theoretically and philosophically study the problem of values and authority in the context of education? The chapter uses the framework of action theoretical semiotics developed mainly on the conceptual structures of Greimassian semiotic theory. This detailed and elaborated theory of human discourse (utilized usually in terms of literary and “cultural” texts) will be expanded by biosemiotic and Peircean points of view to fit in the special problem area of education as transformation or extension from the (...) biosemiotic and zoosemiotic sphere to anthroposemiotic sphere: from nature to culture. The main theoretical starting point for action theoretical semiotics is the concept of meaning which is defined as relationship of an object to the action of the subject. The chapter will connect the action theoretical semiotics to the conception of Bildung and modern idea of the normativity of the rational inference by, e.g., contemporary philosopher of semantics Robert Brandom, to consider the educational implications of this semiotic view. (shrink)

When we say that we interpret customary international law, what is this thing that we actually interpret? Depending on how we answer this question, our view on interpretative methodology will change. It seems that the most promising approach is to say that interpretation of customary international law is an interpretation of certain legal practices. However, here we also encounter some problems. The dominant doctrine of customary international law requiring state practice and opinio juris assumes that only by adding a (...) psychological element to a regularity of behaviour can we speak of customary international law. That is, opinio juris performs a function of generating both legality and normativity of practices. -/- The article challenges this view by drawing on jurisprudential ideas that define practices as inherently normative. State practices are normative regardless of opinio juris, otherwise they are not practices at all. This view allows to differentiate between two instances of interpretation of customary international law. One is focused on clarification of the normative content of state practices, another is focusing on identification of these practices as legal ones. -/- Interpretation as clarification involves assessing structures of practical reasoning inherent in given practices. Drawing on Joseph Raz's theory of normativity, the article suggests that interpretation of customary rules implies establishing connections between first- and second-order reasons that form the practice and give it meaning. This entails that interpretation of customary international law focuses on dynamics of reasons, their inclusion and exclusion within an existing normative framework. That is, evolutive interpretation of customary international law is not only possible, it is inevitable. -/- Interpretation as identification does not focus on the normative content of practices, but rather involves showing that existing second-order reasons meet a threshold of legal validity. This threshold may take shape of opinio juris, but may as well be treated functionally, when legality of a practice is linked to its relevance in a broader set of legal practices. (shrink)

This paper points to some limitations of law and economics as both an explanative and a normative theory. In explaining law as the result of efficiency promoting decisions, law and economics theorists often dismiss the reasons actors in the legal system give for their behavior. Recognizing that sometimes actors may be unaware of why institutions evolve as they do, I argue that the case for dismissing reasons for action is weaker when those reasons make reference to rules of practices (...) that constitute the meaning of actions within those practices, or when they have otherwise been given well-considered defenses. In criticizing law and economics as a normative theory, I acknowledge that economic considerations are often important in deciding how to act in the personal sphere and how government should allocate its scarce resources. I argue that while the use of institutions to promote our ideals forces us to take their costs into account, it is a mistake to infer from this that the question of determining social policy is a purely economic problem, and that we should acknowledge the non-utilitarian moral ideals our law and practices promote. This is the basis of both an internal criticism--law and economics theorists have not sufficiently evaluated and weighed the value of fairness and other ideals in their utility calculations--and an external criticism-- these ideals are important in ways that can not be measured in utiles. (shrink)

This essay is divided into two parts. In the first part (§2), I introduce the idea of practical meaning by looking at a certain kind of procedural systems — the motor system — that play a central role in computational explanations of motor behavior. I argue that in order to give a satisfactory account of the content of the representations computed by motor systems (motor commands), we need to appeal to a distinctively practical kind of meaning. Defending the explanatory relevance (...) of semantic properties in a computationalist explanation of motor behavior, my argument concludes that practical meanings play a central role in an adequate psychological theory of motor skill. In the second part of this essay (§3), I generalize and clarify the notion of practical meaning, and I defend the intelligibility of practical meanings against an important objection. (shrink)

In Switzerland, institutions through which legal knowledge and education are produced have systemi-cally enabled epistemic injustice through forms of silencing and the cultivation of active ignorance along individual and institutional dimensions. As such, we argue that an important form of intervention in the legal education system, which would not only provide instruments to address epistemic injustice, but also better equip lawyers as individuals and as members of a collective, epistemic community, is feminist critical theory. Providing access (...) and engagement with critical legal methodology, throughout legal studies, is integral to the development of epistemic capacities. It would help prevent formation of insensitivities to experiences of injustice and interrupt the perpetuation of silencing and cultivation of active ignorance along individual and institutional dimensions. -/- . (shrink)

Language is the main resource for meaningful action, including the very formation of selves and psychosocial identities, shaped by practical norms, beliefs, and values. Thus, language education constitutes one of the most powerful means for both social reproduction and social production and ideological maintenance and utopian innovation. In this paper, we attempt to emphasise the invaluable psychosocial, political, economic, and cultural function of language education in order to propose a critical view of the current transition from the monolingual (...) to a multilingual paradigm. We maintain that multilingual approaches tend to serve the neoliberal framework and reproduce its systemic inequalities. Therefore, we argue in favour of emancipatory multilingual practices that could embody a translingual pedagogy capable of promoting the development of capabilities, the recognition of otherness, and the cultivation of diversity. Rooted in critical theory, namely in Foucault’s notion of subjectification and Freire’s view of conscientisation, an emancipatory translingual pedagogy would enable and empower every learner to synthesise a contextually creative field of new semantic and pragmatic relationships. Critical language education would enhance the ethos of biophilia that fosters what we term the poetics of communality and selfhood, that is to say, the proactive commitment to expanding symbolic and existential novelty. (shrink)