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

In her influential book, The Practice of Moral Judgment, Barbara Herman argues that Kantian ethics requires a “middle theory” applying formal rational constraints on willing to the particular circumstances and nature of human existence. I claim that a promising beginning to such a theory can be found in Kant’s discussion of duties of virtue in The Metaphysics of Morals. I argue that Kant’s distinction between perfect and imperfect duties of virtue should be understood as a distinction between duties concerned with (...) respect for necessary conditions of moral health and moral prosperity in sensibly affected human agents who realize their moral nature only through the development and continuing exercise of inner freedom. Thus understood, perfect duties prohibiting self-deception, miserly avarice, and humility are oriented around concerns with the conditions of rational self-constraint in human agents and are contrasted with imperfect duties requiring the development of our talents and the perfection of our moral disposition concerned with the effective exercise of this kind of inner freedom in choice and action. Generalizing this account, I claim that it allows us to accommodate the range of duties that Kant discusses here including perfect duties owed to others prohibiting arrogance, defamation, and ridicule and imperfect duties enjoining gratitude and beneficence and suggests a much more subtle and promising account of moral duty than those typically associated with Kant’s view. (shrink)

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

What does it take for lawyers and others to think or talk about the same legal topic—e.g., defamation, culpability? We argue that people are able to think or talk about the same topic not when they possess a matching substantive understanding of the topic, as traditional metasemantics says, but instead when their thoughts or utterances are related to each other in certain ways. And what determines the content of thoughts and utterances is what would best serve the core purposes (...) of the representational practice within which the thought or utterance is located. In thus favoring a “relational model” in metasemantics, we share Ronald Dworkin's goal of explaining fundamental legal disagreements, and also his reliance on constructive interpretation. But what we delineate is a far more general and explanatorily resourceful metasemantics than what Dworkin articulated, which also bypasses some controversial implications for the nature of law that Dworkin alleged. (shrink)

This chapter offers a plea for the media to reframe its coverage of campus controversies from free expression to academic freedom. These freedoms are entwined, but distinct. Freedom of expression is extended to all persons with no expectation of quality control, apart from legal prohibitions against defamation, threats, etc. By contrast, academic freedom is a cluster of freedoms afforded to scholarly personnel for a particular purpose – namely, the pursuit of universities’ academic mission to seek truth and advance understanding (...) in the service of society. An academic freedom framing better reflects the distinctive social purpose around which universities are organized, as well as universities’ duty of care to employees and students. While universities have a legal and moral duty of care to all employees and students, the unjust, exclusionary past and present of higher education arguably makes that duty particularly acute in the case of equity-deserving (e.g., racialized, Indigenous, disabled or 2SLGBTQ+) people. Finally, academic freedom framing for campus media stories is less monolithic than free expression framing, allowing for a more nuanced understanding of campus controversies while keeping universities accountable to the public they serve. In this chapter, I survey three very different campus controversies at a single Canadian university, and the media response each received. I show how an academic freedom frame for those stories would have produced better reportage while reducing opportunities for bad actors to manipulate both universities and the media. At the end of the day, the real crisis at universities isn’t the cancellation of ill-judged events that were never a part of the academic mission; it is the ongoing erosion of academic freedom. (shrink)

This paper presents three cases of research ethics violations in the social sciences and humanities that involved major educational institutions in Vietnam. The violations share two common points: the use of sophistry by the accused perpetrators and their sympathisers, and the relative ease with which they succeeded unpunished. The strategies the violators used to avoid punishment could be summarised as: (i) relying on people not paying enough attention when asked to do something relatively quickly, (ii) asking for the benefit of (...) the doubt, (iii) redefining the meaning of ethics, and (iv) defaming the whistleblowers and showing how fighting ethics violations is too costly, slow and, in the end, worthless. We offer suggestions to improve transparency: investment in translation and education about codes of conduct in Vietnam; investment in research ethics and integrity; the use of open online resources and platforms; and educating Vietnamese researchers about international standards. (shrink)

In this paper I provide an interpretation of Kant’s conception of free speech. Free speech is understood as the kind of speech that is constitutive of interaction respectful of everybody’s right to freedom, and it requires what we with John Rawls may call ‘public reason’. Public reason so understood refers to how the public authority must reason in order to properly specify the political relation between citizens. My main aim is to give us some reasons for taking a renewed interest (...) in Kant’s conception of free speech, including his account public reason. Kant’s position provides resources for dealing with many of the legal and political problems we currently struggle to analyze under this heading, such as the proper distinction between the sphere of justice and the sphere of ethics, hate speech, freedom of speech, defamation, and the public guarantee of reliable media and universal education. (shrink)

The Philippine government has been relentless in its counterinsurgency campaigns. From the colonial wars that vilified as insurgents and bandits the honored heroes of today, up to the anti-communist and anti-secessionist civil and military efforts of the postcolonial regimes, these campaigns have not only rolled out large state resources but also cost lives of innocent civilians. Patterned after the United States (US) of America’s principle of low-intensity conflict aimed at countering Marxist and anti-imperialist movements (Reed 1986), counterinsurgency campaigns have unleashed (...) a warfare that indiscriminately target its supposed opponents, including unarmed activists. In 2007, the United Nations Special Rapporteur Philip Alston examined the horrible political situation of the Philippines – characterized by political killings, abductions, and tortures – and identified how state elements, under the blanket protection of waging a counterinsurgency campaign, were responsible for the political repressions then (Sales 2009). Today, under the murderous Duterte regime, the counterinsurgency campaign has reached an unprecedented level of ferocity as it is waged through a militarist whole-ofnation approach composed by multi-level government and multi-agency responses. -/- Being greatly influenced by the US, counterinsurgency campaigns in the Philippines follow the paranoiac and hysterical communist witch-hunt of McCarthyism (Hutchins-Viroux 2008). The hysteria’s contemporary and local expression is the phenomenon called red- or terror-tagging.1 Terror-tagging is the systematic process of maliciously naming or identifying an individual or group as a communist and/or terrorist by its association with a supposed communist and/or terrorist group. Being a systematic process, it is initiated and sustained by state elements with the view of maligning or defaming political activists. Terror-tagging is aimed against activists, dissenters, and even the political opposition. The social activist Rhoda Dalang (2014) has noted how terror-tagging has been deployed by the Philippine state in its counterinsurgency efforts, from the Marcos up to the then Aquino regime. And until the previous Duterte regime, yet with increased intensity and fatality, terror-tagging continued to defame and liquidate activists. As terror-tagging has not received enough academic attention, this chapter aims to fill this gap by providing a preliminary analysis of it. The chapter will be doing a critical discourse analysis. It will take off from a revealing study done by Don Kevin Hapal and Raisa Serafica of Rappler, a media outlet in the Philippines. Through a separate discourse analysis of Facebook posts of the National Task Force to End Local Communist Armed Conflict (NTFELCAC),2 the chapter will also identify aspects of terror-tagging. The discussion will further be theorized using the Marxist analysis of the State and informed by interviews of Atty. Maria Sol Taule and Cristina Palabay. They are both human rights workers who have worked with terror-tagged activists and are themselves subjected to terror-tagging. (shrink)

The corona pandemic poses major challenges for society. Many people lack (basic) scientific knowledge. They are skeptical and distrust fundamental research principles and concepts. Esotericism and superstition replace them access to reality. -/- Not only facts are recently considered "alternative". Pseudo-scientific healing methods and occult procedures have long been presented to the public as equivalent alternatives to modern medicine, despite the lack of evidence of their effectiveness. Just as if reason or nonsense were just a question of personal taste, a (...) different world view. Seconded by talk of an "exaggeratedly scientific world view", empiricism and logic were systematically defamed. -/- As a result of this distorted picture, all kinds of conspiracy theories are now rampant. Spiritual healers, seers, shamans, charlatans, quacks, sectarians, and zealots of all stripes and persuasions are in demand. Diffuse pandemic management and miserable communication do the rest and contribute to the fact that infection control measures are often flatly rejected and vaccination rates can hardly be increased significantly. -/- Die Coronapandemie stellt die Gesellschaft vor große Herausforderungen. Vielen Menschen mangelt es an (elementaren) naturwissenschaftlichen Kenntnissen. Sie sind skeptisch und misstrauen grundlegenden Prinzipien und Konzepten der Forschung. Esoterik und (Aber-) Glaube ersetzen ihnen den Zugang zur Wirklichkeit. -/- Nicht nur Fakten sind neuerdings "alternativ". Auch pseudowissenschaftliche Heilmethoden und okkulte Verfahren wurden der Bevölkerung trotz fehlender Wirksamkeitsnachweise lange als gleichwertige Alternativen zur modernen Medizin präsentiert. Ganz so, als wären Vernunft oder Unsinn eben eine Frage des persönlichen Geschmacks, einer anderen Weltanschauung. Sekundiert durch das Gerede von einem "übertrieben szientistischen Weltbild", wurden Empirie und Logik systematisch diffamiert. -/- Infolge dieses Zerrbilds grassieren nun allerhand Verschwörungstheorien. Geistheiler, Seher, Schamanen, Scharlatane, Quacksalber, Sektierer, und Eiferer aller Richtungen und Couleur haben Konjunktur. Ein diffuses Pandemiemanagement und eine miserable Kommunikation tun ihr Übriges und tragen dazu bei, dass Infektionsschutzmaßnahmen oft rundweg abgelehnt und Impfquoten sich nun kaum noch signifikant steigern lassen. -/- . (shrink)

If we follow we will see that one third of Rabindranath's Poetry are indication of expand of literature of letters. Viewing the subject variant of multiple thinking of the literature of letters, it seems that Rabindra paragraph could not get full form if he did not present it to us. In his every letters we see subject variant. Religion, Society, city life, Independence of women, Education, thinking about nature, love; nothing left in his script. All letters written by him in (...) different time are contained in books named “Chinnopotro”, “Bhanusinger Potro”, Russiaer Chiti”. His first countable Book “Europe Probashis Potro”, describes the story of his England journey at teenage. In spite of these the number of letters which are written addressing to his wife, son, relative-friend, pal, colleague & co-operator, are not a lesser quantity; some of these are attached in the book “Chiti Patra”.Where we find Rabindranath as a human being. Answers toward questions of Hemantabala Devi (Beloved, personable, Hemantabala is daughter of zaminder Brojendrakishore Roychoudhury of Moimonsing District of Gouripur, & wife of zaminder Brojendrakanta of Rongpur Bhitorbongo. She left her family & had become Baishnav, and in alias name communicated with Rabindranath through writing letters, appreciated for “Sesher kabita” & thus starts corresponding by Rabindranath of miscellaneous religious & socialism questions, we find the thinking of Rabindranath about religion & society. Rabindranath thinks the dirt of body clean through taking bath, but the thinking about clean of mind through taking bath is nothing but foolishness. So, estimating any community as worthless is a sin. All people in spite of different cast & creed should understand that God is devoted always for every era, not let think them personal property which degrades God. If this thinking will not become clearly known to all, till then in ‟India" Gods are degraded, Human being are degraded; never this defame will go away. (shrink)