This article explores problems with several definitions of Originalism proposed by Justice Scalia in "Reading Law: The Interpretation of Legal Texts." It begins by looking at Justice Scalia's citation of a possible statement by Queen Anne that Justice Scalia claims in itself justifies Originalism. Queen Anne may have told Sir Christopher Wren that St. Paul's Cathedral was "awful, artificial, and amusing" at a time when those words meant "awe-inspiring, highly artistic, and thought-provoking." Conceding that one must understand how Queen Anne (...) meant these terms, this article shows how this example actually undermines Originalism when applied to on-going rules. It also explores inconsistencies and problems with several definitions of Originalism including Justice Scalia's arbitrary exclusion of technology from the constraints of "originalmeaning." It further disputes his claim that Originalism ". . .will narrow the range of acceptable judicial decision-making and acceptable argumentation [and that it] will curb -- even reverse -- the tendency of judges to imbue authoritative texts with their own policy preferences." This article maintains that Originalism has the opposite effect. -/- Keywords: originalism, originalmeaning, Scalia, interpretation, meaning. (shrink)
This Article explores the interpretation and construction of executive orders using as examples President Trump’s two executive orders captioned “Protecting the Nation From Foreign Terrorist Entry Into the United States” (the “Two Executive Orders”). President Trump issued the Two Executive Orders in the context of (among other things) Candidate Trump’s statements such as: “Islam hates us,” and “[W]e can’t allow people coming into this country who have this hatred.” President Trump subsequently provided further context including his tweet about the second (...) of his Two Executive Orders: “People, the lawyers and the courts can call [the second of the Two Executive Orders] whatever they want, but I am calling it what we need and what it is, a TRAVEL BAN!” Although President Trump replaced the first of the Two Executive Orders with the second one and although the Supreme Court by orders dated October 10, 2017 and October 24, 2017, vacated and remanded litigation involving the second order on grounds of mootness, the Two Executive Orders remain highly instructive for those who would understand the interpretation and construction of executive orders. This article therefore examines in detail the original speaker's (i.e., President Trump's) intended meaning and effect of the Two Executive Orders. It performs such examination using insights from the semiotic subfield of pragmatics, a semiotic subfield which explores how real-world people actually use, interpret, and construe language in various real-world contexts (including contexts where the issuer of the Two Executive Orders himself has claimed that “Islam hates us” and has tweeted “TRAVEL BAN!”). Using such insights of pragmatics, this Article also explores why reasonable judges thoroughly versed in legal theory, legal practice, and pragmatics should conclude that President Trump unlawfully targeted Muslims in the Two Executive Orders. This Article, among other things, also questions the sensibility of such notions as “facial legitimacy” to the extent such notions suggest text has meaning apart from context. Keywords: executive orders, speaker meaning, interpretation, construction, semiotics, pragmatics, originalism, speech acts, context, facial legitimacy, Constitutionality, First Amendment,Trump v. Int’l Refugee Assistance Project, Scalia, immigration, semantics, originalmeaning, travel ban, Trump, textualism. (shrink)
Semantic originalism is a theory of constitutional meaning that aims to disentangle the semantic, legal, and normative strands of debates in constitutional theory about the role of originalmeaning in constitutional interpretation and construction. This theory affirms four theses: (1) the fixation thesis, (2) the clause meaning thesis, (3) the contribution thesis, and (4) the fidelity thesis. -/- The fixation thesis claims that the semantic content of each constitutional provision is fixed at the time the provision (...) is framed and ratified: subsequent changes in linguistic practice cannot change the semantic content of an utterance. -/- The clause meaning thesis claims that the semantic content is given by the conventional semantic meaning (or original public meaning) of the text with four modifications. The first modification is provided by the publicly available context of constitutional utterance: words and phrases that might be ambiguous in isolation can become clear in light of those circumstances of framing and ratification that could be expected to known to interpreters of the Constitution across time. The second modification is provided by the idea of the division of linguistic labor: some constitutional provisions, such as the natural born citizen clause may be terms of art, the meaning of which are fixed by the usages of experts. The third modification is provided by the idea of constitutional implicature: the constitution may mean things it does not explicitly say. The fourth modification is provided by the idea of constitutional stipulations: the constitution brings into being new terms such as House of Representatives and the meaning of these terms is stipulated by the Constitution itself. -/- The contribution thesis asserts that the semantic content of the Constitution contributes to the law: the most plausible version of the contribution thesis is modest, claiming that the semantic content of the Constitution provides rules of constitutional law, subject to various qualifications. Our constitutional practice provides strong evidence for the modest version of the contribution thesis. -/- The fidelity thesis asserts that we have good reasons to affirm fidelity to constitutional law: virtuous citizens and officials are disposed to act in accord with the Constitution; right acting citizens and officials obey the constitution in normal circumstances; constitutional conformity produces good consequences. Our public political culture affirms the great value of the rule of law. -/- We can summarize semantic originalism as a slogan: The original public meaning of the constitution is the law and for that reason it should be respected and obeyed. The slogan recapitulates each of the claims made by semantic originalism, but it is potentially misleading because it does not clearly distinguish between the semantic claims made by the fixation and clause meaning theses, the legal claim made by the contribution thesis, and the normative claim made by the fidelity thesis. -/- Part I introduces the four theses. Part II is entitled An Opinionated History of Constitutional Originalism, and it provides the context for all that follows. Part III is entitled Semantic Originalism: A Theory of Constitutional Meaning, and it lays out the case for original public meaning as the best nonnormative theory of constitutional content. Part IV is entitled The Normative Implications of Semantic Originalism, and it articulates a variety of normative arguments for originalism. Part V is entitled Conclusion: Semantic Originalism and Living Constitutionalism, and it explores the broad implications of semantic originalism for living constitutionalism and the future of constitutional theory. (shrink)
My article concerns constitutional interpretation and substantive due process, issues that played a central role in Obergefell v. Hodges (2015), one of the two same-sex marriage cases. (The other same-sex marriage case was United States v. Windsor (2013).) -/- The late Justice Scalia consistently maintained that the Court “invented” substantive due process and continues to apply this legal “fiction” not because the Constitution supports it but simply because the justices like it. Two theories underlay his cynical conclusion. First is the (...) theory of “Constitutional Textualism”—or just plain “Textualism”—which says that the meaning of the Constitution lies entirely within the “four corners” of the document. Second is the theory of “Originalism,” which says that this meaning was fixed at the time of ratification. (Likewise, the meanings of the amendments were fixed at the time of their ratification.) -/- While Justice Scalia helped to inspire a Textualist/Originalist (and anti-substantive-due-process) movement, his Originalism has received far more attention than his Textualism. Since Judge Robert Bork first introduced Originalism to the general public during his Supreme Court nomination hearings in 1987, this theory has ignited passions on all sides and effectively re-framed the entire debate about how to interpret the Constitution. Constitutional scholars, left and right, now define themselves as either for or against Originalism. Meanwhile, Textualism has merely retreated into the background. -/- Part of the reason for this disparate treatment is that many who reject Originalism still consider themselves to be Textualists. They agree with Justice Scalia (and Judge Bork) that the text is all-important. They disagree, however, that its meaning was fixed for eternity at ratification. Instead, they maintain that either the meaning of the text or applications of this meaning to new cases can change as society changes. -/- In this Article, I bring Textualism out of Originalism’s shadow and into broad daylight. I argue that once we dig just a little deeper into the proposition that all of the meaning in the Constitution inheres in its words, we find that this theory simply cannot work. In order to interpret the nation’s foundational document, we must resort to assumptions that it does not explicitly state. (Indeed, even Textualism itself is a theory that the Constitution does not explicitly endorse.) And the notion that “extra-textual” assumptions necessarily inform our interpretations of the Constitution poses a direct and insurmountable threat to Textualism. -/- The Constitution actually requires each judge, when faced with a case concerning the right to privacy, not merely to consider the text but also to anticipate and evaluate the moral, social, and political consequences of both possible decisions before choosing between them. While this position may initially sound counterintuitive, it turns out to be a much more realistic theory of constitutional interpretation than Textualism (and Originalism). -/- I ultimately conclude that, contrary to Justice Scalia, the Constitution most certainly does protect a right to privacy. For what it’s worth, the Obergefell majority agree with me (and oppose Justice Scalia). I aim to show exactly why they are correct. (shrink)
The debate over the merits of originalism has advanced considerably in recent years, both in terms of its intellectual sophistication and its practical significance. In the process, some prominent originalists—Lawrence Solum and Jeffrey Goldsworthy being the two discussed here—have been at pains to separate out the linguistic and normative components of the theory. For these authors, while it is true that judges and other legal decision-makers ought to be originalists, it is also true that the communicated content of the constitution (...) is its originalmeaning. That is to say: the meaning is what it is, not what it should be. Accordingly, there is no sense in which the communicated content of the constitution is determined by reference to moral desiderata; linguistic desiderata do all the work. In this article, I beg to differ. In advancing their arguments for linguistic originalism, both authors rely upon the notion of successful communications conditions. In doing so they implicitly open up the door for moral desiderata to play a role in determining the original communicated content. This undercuts their claim and changes considerably the dialectical role of linguistic originalism in the debate over constitutional interpretation. (shrink)
Neil Gorsuch lauds judges who purport to “apply the law as it is, focusing backward, not forward, and looking to text, structure, and history to decide what a reasonable reader at the time of the events in question would have understood the law to be . . . .” It’s hard to see how such a form of Originalism withstands scrutiny. -/- First, using “reasonable reader” understandings rather than speaker meaning turns language and law on their heads. Audiences effectively (...) become the speakers in ordinary speech (since reader or audience meaning prevails), and audiences (and thus the ruled) effectively become the rulers when interpreting law (since audiences’ meaning prevails). -/- Second, since laws look forward to govern conduct, how can best legal practices keep such a backward focus? -/- Third, words (however understood by others at the time “originally” uttered) may or may not (depending on speaker and not reader meaning) signify concepts whose meanings embrace change over time. For example, the word “planet” used by a speaker before the discovery of Uranus and Neptune may or may not include further planets depending upon what the speaker meant by “planet.” (The same applies to the inclusion or exclusion of Pluto had the speaker used the word “planet” after the discovery of Pluto but before its exclusion by current science.) Unlike the “reasonable” reader of Gorsuch’s Originalism as phrased above, speakers run the gamut from reasonable to unreasonable, from informed to uninformed, and from thoughtful to thoughtless. -/- Fourth, to the extent a judge is principally “constrained” by a text or texts (as he may determine), by dictionaries that he chooses, and by “history” as the judge understands it, isn’t judicial activism encouraged rather than restrained? Talk of a “reasonable” reader masks the fact that there can be multiple “reasonable” conclusions of what a reasonable or unreasonable speaker meant. Is a judge not therefore left to pick definitions and applications of terms that accord with the judge’s understandings of history, understandings that may well be colored by the judge’s politics and judicial philosophy? This applies to principles as well as labels for things. Principles are also subject to multiple frames, and their terms are subject to multiple definitions therefore raising the very same questions just raised above. -/- Finally, such Originalism doesn’t merely fail with legal texts. It also fails when applied to other texts (including sacred texts such as the Ten Commandments) and when used to interpret art (such as “Landscape with the Fall of Icarus” often attributed to Bruegel and which inspired such great ekphrasis as Auden’s “Musée Des Beaux Arts”). These further failures underscore the dysfunction of Originalism in Gorsuch's form noted above. -/- Keywords: Originalism, Neil Gorsuch, Text, Textualism, Scalia, Interpretation, Pragmatics, Speaker Meaning, Art, Painting, Bruegel, Auden, Ekphrasis, Icarus, Bible, Ten Commandments, Herod, Declaration of Independence, Abraham Lincoln. (shrink)
I argue that the dispute between two leading theories of interpretation of legal texts, textual originalism and textual evolutionism, depends on the false presupposition that changes in the way a word is used necessarily require a change in the word’s meaning. Semantic externalism goes a long way towards reconciling these views by showing how a word’s semantic properties can be stable over time, even through vicissitudes of usage. I argue that temporal externalism can account for even more semantic stability, (...) however. Temporal externalism is the theory that the content of an utterance at time t may be determined by developments in linguistic usage subsequent to t. If this semantic theory is correct, then the originalist and evolutionist positions effectively collapse. Originalism is correct in that the originalmeaning of the text is the meaning that is binding on jurists, but evolutionism is vindicated, as it is the current practices and standards that determine the meaning the text now has, and has always had. Objections to temporal externalism, and to its application to the interpretation of legal texts, are considered and addressed. (shrink)
I argue here that the existence of hermeneutical injustice as a pervasive feature of our collective linguistic and conceptual resources undermines the originalist task at two levels: one procedural, one substantive. First, large portions of society were (and continue to be) systematically excluded from the process of meaning creation when the Constitution and its Amendments were adopted, so originalism relies on enforcement of a meaning that was generated through an undemocratic process. Second, the originalmeaning of (...) some words in those texts may be substantively objectionable as a result because they fail to capture the relevant experiences of affected people at the time even if they accurately capture the conceptual understanding of reasonable people at the time, and this substantive failing may infect the text’s democratic legitimacy. To the extent that it can be overcome, overcoming this epistemic problem will require originalists to take seriously the insights of critical theory, understood in this Note as a normative inquiry into the historical context of the language and meaning of statutory text. Because originalists are already committed to a nominally descriptive inquiry into this context, and because this nominally descriptive inquiry masks the inherently normative aspects of the hermeneutical landscape, the switch to an explicitly normative inquiry may prove quite painless. (shrink)
The meaning of an utterance is often enriched by the pragmatic context in which it is uttered. This is because in ordinary conversations we routinely and uncontroversially compress what we say, safe in the knowledge that those interpreting us will ‘add in’ the content we intend to communicate. Does the same thing hold true in the case of legal utterances like ‘This constitution protects the personal rights of the citizen’ or ‘the parliament shall have the power to lay and (...) collect taxes’? This article addresses this question from the perspective of the constitutional originalist—the person who holds that the meaning of a constitutional text is fixed at some historical moment. In doing so, it advances four theses. First, it argues that every originalist theory is committed to some degree of pragmatic enrichment, the debate is about how much. Second, that in determining which content gets ‘added in’, originalists typically hold to a common knowledge standard for enrichment, protestations... (shrink)
With insights from philosophy of language and semiotics, this article addresses judicial choices and semantic errors involved in United States v. Stevens, 130 S.Ct. 1577 (2010) (refusing to read “killing” and “wounding” to include cruelty and thus striking down a federal statute outlawing videos of animal cruelty), and Snyder v. Phelps, 131 S.Ct. 1207 (2011) (finding a First Amendment right to picket military funerals and verbally attack parents of dead soldiers as part of purportedly-public expression). -/- This article maintains that (...) a better understanding of semiotics (the theory of signs) exposes the flaws in both decisions and bolsters the arguments of the lone dissenter in both cases, Justice Alito. Such a better understanding of semiotics involves grasping (a) how expression involves signs, (b) how signs work in general, and (c) the differences between three basic kinds of signs (indexes, icons and symbols). This article maintains that the expression involved in Stevens and in Phelps was a type of indexical or quasi-indexical expression that, for reasons similar to those involved in child pornography cases, should have no First Amendment protection. -/- This article also notes shifting interpretive positions in the Court that cry out for reform. Although Chief Justice Roberts uses a textualist approach in his majority opinion striking down the animal cruelty statute in Stevens, his majority opinion in National Federation of Independent Business v. Sebelius, 132 S.Ct. 2566 (2012), has no trouble finding a “penalty” a “tax,” upholding the Affordable Care Act, and chastising the dissent for voting to strike down a statute simply because “. . . Congress used the wrong labels.” Id. at 2597. -/- This article attempts to expose such gamesmanship in “textualism” and attempts to lay out a better semiotic path for the Court. It calls for more forthright judicial decision-making in constitutional and statutory interpretation; calls for rejecting mechanical notions of law that conceal judicial choice involved in constitutional and statutory interpretation; and calls for rejecting claims that dictionaries can settle constitutional or statutory interpretation issues without reference to constitutional and statutory goals. -/- Keywords: interpretation, construction, meaning, plain meaning, originalism, original intent, canon, semiotics, signs, signals, symbol, icon, index, signifier, signified, ordinary meaning, freedom of speech, freedom of expression, animal cruelty, first amendment, statutes. (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)
I think the basic intuition behind textualism correct – that the meaning of a law is fixed by referencing the meaning of its words according to the meaning common to the law’s ratifiers. However, even if true, it does not follow that interpretation of a law goes through the original ratifiers. Rather, a citizenry continually ratifies the laws to which it subjects itself, and as the meanings of those words change over time, so will those laws. (...) Concerning, say, the U.S. Constitution, though the text may be very nearly the same now as in the 18th century, a different constitution is in effect. (shrink)
The consistent histories reformulation of quantum mechanics was developed by Robert Griffiths, given a formal logical systematization by Roland Omn\`{e}s, and under the label `decoherent histories', was independently developed by Murray Gell-Mann and James Hartle and extended to quantum cosmology. Criticisms of CH involve issues of meaning, truth, objectivity, and coherence, a mixture of philosophy and physics. We will briefly consider the original formulation of CH and some basic objections. The reply to these objections, like the objections themselves, (...) involves a mixture of physics and philosophy. These replies support an evaluation of the CH formulation as a replacement for the measurement, or orthodox, interpretation. (shrink)
The paper is an attempt at a logical explication of some crucial notions of current general semantics and pragmatics. A general, axiomatic, formal-logical theory of meaning and interpretation is outlined in this paper.In the theory, accordingto the token-type distinction of Peirce, language is formalised on two levels: first as a language of token-objects (understood as material, empirical, enduring through time-and space objects) and then – as a language of type-objects (understood as abstract objects, as classes of tokens). The basic (...) concepts of the theory, i.e. the notions: meaning, denotation and interpretation of well-formed expressions (wfes) of the language are formalised on the type-level, by utilising some semantic-pragmatic primitive notions introduced on the token-level. The paper is divided into two parts.In Part Ia theoryof meaningand denotation is proposed, and in Part II - its expansion to the theory of meaning and interpretation is presented.The meaninga wfe is defined as an equivalence class of the relation possessing the same manner of using types (cf. Ajdukiewicz [1934], Wittgenstein [1953]). The concept of denotation is defined by means of the relation of referring which holds between wfe-types and objects of reality described by the given language. (shrink)
Background: The application of the philosophical mode of investigation called “phenomenology” in the context of sport. Objective: The goal is to show how and why the phenomenological method is very often misused in the sportrelated research. Methods: Interpretation of the key texts, explanation of their meaning. Results: The confrontation of concrete sport-related texts with the originalmeaning of the key phenomenological notions shows mainly three types of misuse – the confusion of phenomenology with immediacy, with an epistemologically (...) subjectivist stance (phenomenalism), and with empirical research oriented towards objects in the world. Conclusions: Many of the discussed authors try to take over the epistemological validity of phenomenology for their research, which itself is not phenomenological, and it seems that this is because they lack such a methodological foundation. The authors believe that an authentically phenomenological analysis of sport is possible, but it must respect the fundamental distinctions that differentiate phenomenology from other styles of thinking. (shrink)
This paper1 explores, quite tentatively, possible consequences for the concept of semantics of two phenomena concerning meaning and interpretation, viz., radical interpretation and normativity of meaning. Both, it will be argued, challenge the way in which meaning is conceived of in semantics and thereby the status of the discipline itself. For several reasons it seems opportune to explore these issues. If one reviews the developments in semantics over the past two decades, one observes that quite a bit (...) has changed, and one may well wonder how to assess these changes. This relates directly to the status of semantics. If semantics is an empirical discipline, one might expect that most changes are informed by empirical considerations. However, one may also note that the core notion of semantics, meaning, today is conceived of quite differently than in, say, the seventies. How can that be? How can that what semantics is about, be different now from what is was back then? Or is this perhaps an indication that semantics is not as empirical as it is often thought to be? Moreover, it seems that in some deep sense meaning as explicated in semantics and interpretation as studied in various philosophical approaches are strangely at odds. Meaning is what interpretation is concerned with: meaning is, at least so it seems, what in the process of interpretation language users try to recover (or analogously, what they try to convey in production). Yet, the way meaning is conceived of in semantics seems not to square all that neatly with how the process of interpretation is supposed to proceed. In particular it seems to lack some of the intrinsic features that various approaches to interpretation assume it to have. Given these discrepancies, one wonders how the two can be incorporated within a single theory. And that such a theory is desirable goes, it may be presumed, without saying These are the reasons that figure in this paper. At the background there are some others.. (shrink)
In this paper I argue that the central issue in Heidegger’s path of thought from Being and Time to Contributions and beyond is what he will later call “the matter itself”: neither the meaning of being nor the analysis of Dasein but a transformational encounter in the margins of fundamental ontology. Heidegger’s account of temporality and transcendence from the late 1920s is a clue to the transformation, but it is not until the completion of fundamental ontology in the naming (...) of ontological difference that he arrives at a crisis which performs the transformation and announces the “overturning.” This interpretation revolves around a reading of Heidegger’s 1929 treatise “On the Essence of Ground” in which the text and subsequent marginal notes prepare the transition from Being and Time to Contributions, from Sein to Seyn, and from ontological difference to its appropriation. Thus we find that the language of Ereignis beginning in the 1930s and whatever we might call the “turn” signal the doing of justice to the original task from Being and Time. (shrink)
A common method of making a theory more understandable is to compare it to another theory that has been better developed. Radical interpretation is a theory that attempts to explain how communication has meaning. Radical interpretation is treated as another time-dependent theory and compared to the time-dependent theory of biological evolution. The main reason for doing this is to find the nature of the time dependence; producing analogs between the two theories is a necessary prerequisite to this and brings (...) up many problems. When the nature of the time dependence is better known it might allow the underlying mechanism to be uncovered. Several similarities and differences are uncovered, and there appear to be more differences than similarities. (shrink)
How do we determine whether individuals accept the actual consistency of a political argument instead of just its rhetorical good looks? This article answers this question by proposing an interpretation of political argument within the constraints of political liberalism. It utilises modern developments in the philosophy of logic and language to reclaim ‘meaningless nonsense’ from use as a partisan war cry and to build up political argument as something more than a power struggle between competing conceptions of the good. Standard (...) solutions for ‘clarifying’ meaning through descriptive definition encounter difficulties with the biases of status quo idioms, as well as partisan translations and circularity. Collectively called linguistic gerrymandering, these difficulties threaten political liberalism’s underlying coherency. The proposed interpretation of political argument overcomes this with a new brand of conceptual analysis that can falsifiably determine whether rhetoric has hijacked political argument. (shrink)
I here defend historical entitlement theories of property rights against a popular charge. This is the objection that such theories fail because no convincing account of original appropriation exists. I argue that this argument assumes a certain reading of historical entitlement theory and I spell out an alternative reading against which it misfires. On this reading, the role of acts of original appropriation is not to justify but to individuate people’s holdings. I argue that we can identify which (...) acts count as original appropriation against the background of a general justification for a practice of property rights. On this view, what I will call ‘natural’ acts of original appropriation are acts by which a person begins to satisfy the general conditions for justified ownership. Finally, I offer an interpretation of John Locke's theory of appropriation along these lines and argue that it provides an attractive reading of his view. (shrink)
I defend the normativity of meaning against recent objections by arguing for a new interpretation of the ‘ought’ relevant to meaning. Both critics and defenders of the normativity thesis have understood statements about how an expression ought to be used as either prescriptive or semantic. I propose an alternative view of the ‘ought’ as conveying the primitively normative attitudes speakers must adopt towards their uses if they are to use the expression with understanding.
Since the publication of Donald Davidson's essay “What Metaphors Mean” (1978) – in which he famously asserts that metaphor has no meaning – the views expressed in it have mostly met with criticism: prominently from Mary Hesse and Max Black. This article attempts to explain Davidson's surprise-move regarding metaphor by relating it to elements in the rest of his work in semantics, such as the principle of compositionality, radical interpretation and the principle of charity. I conclude that Davidson's views (...) on metaphor are not only consistent with his semantic theory generally, but that his semantics also depend on these insights. Eventually, the debate regarding Davidson's views on metaphor should be conducted on the level of his views on the nature of semantics, the relationship between language and the world and the possibility that there is some thing like conceptual schemes. S. Afr. J. Philos. Vol.20(4) 2001: 55-72. (shrink)
We investigate the meaning of the wave function by analyzing the mass and charge density distributions of a quantum system. According to protective measurement, a charged quantum system has effective mass and charge density distributing in space, proportional to the square of the absolute value of its wave function. In a realistic interpretation, the wave function of a quantum system can be taken as a description of either a physical field or the ergodic motion of a particle. The essential (...) difference between a field and the ergodic motion of a particle lies in the property of simultaneity; a field exists throughout space simultaneously, whereas the ergodic motion of a particle exists throughout space in a time-divided way. If the wave function is a physical field, then the mass and charge density will be distributed in space simultaneously for a charged quantum system, and thus there will exist gravitational and electrostatic self-interactions of its wave function. This not only violates the superposition principle of quantum mechanics but also contradicts experimental observations. Thus the wave function cannot be a description of a physical field but a description of the ergodic motion of a particle. For the later there is only a localized particle with mass and charge at every instant, and thus there will not exist any self-interaction for the wave function. Which kind of ergodic motion of particles then? It is argued that the classical ergodic models, which assume continuous motion of particles, cannot be consistent with quantum mechanics. Based on the negative result, we suggest that the wave function is a description of the quantum motion of particles, which is random and discontinuous in nature. On this interpretation, the square of the absolute value of the wave function not only gives the probability of the particle being found in certain locations, but also gives the probability of the particle being there. We show that this new interpretation of the wave function provides a natural realistic alternative to the orthodox interpretation, and its implications for other realistic interpretations of quantum mechanics are also briefly discussed. (shrink)
Meaning as the original function of language is the arrangement of internal things on the part of the creative and historical individual subject who speaks a particular language. Meaning constitutes the series of contents making up the linguistic world human subjects can manage real things with. Real things are not described with meanings but merely represented and designated. Meanings represent the essence of things thus making them members of a category. In this sense, meaning is the (...) base to create things in as much as they constitute entities. Only through the operation of determination can meanings designate individual real things. Since meaningful categories are intended to particular purposes, meaning is intentional and inclusive. (shrink)
Ignited by Einstein and Bohr a century ago, the philosophical struggle about Reality is yet unfinished, with no signs of a swift resolution. Despite vast technological progress fueled by the iconic EPR paper (EPR), the intricate link between ontic and epistemic aspects of Quantum Theory (QT) has greatly hindered our grip on Reality and further progress in physical theory. Fallacies concealed by tortuous logical negations made EPR comprehension much harder than it could have been had Einstein written it himself in (...) German. It is plagued with preconceptions about what a physical property is, the 'Uncertainty Principle', and the Principle of Locality. Numerous interpretations of QT vis à vis Reality exist and are keenly disputed. This is the first of a series of articles arguing for a physical interpretation called ‘The Ontic Probability Interpretation’ (TOPI). A gradual explanation of TOPI is given intertwined with a meticulous logico-philosophical scrutiny of EPR. Part I focuses on the meaning of Einstein’s ‘Incompleteness’ claim. A conceptual confusion, a preconception about Reality, and a flawed dichotomy are shown to be severe obstacles for the EPR argument to succeed. Part II analyzes Einstein’s ‘Incompleteness/Nonlocality Dilemma’. Future articles will further explain TOPI, demonstrating its soundness and potential for nurturing theoretical progress. (shrink)
It is argued that contraposition is valid for a class of natural language conditionals, if some modifications are allowed to preserve the meaning of the original conditional. In many cases, implicit temporal indices must be considered, making a change in verb tense necessary. A suitable contrapositive for implicative counterfactual conditionals can also usually be found. In some cases, the addition of certain words is necessary to preserve meaning that is present in the original sentence and would (...) be lost or changed in the contrapositive without them. A distinction is made between adding new meaning and adding new words to preserve existing meaning. For concessive conditionals and relevance conditionals, however, no valid contrapositive can be found. They do not belong to the class of contraposable conditionals, which can be independently defined. Difficult cases are also discussed in which the contradictory of the consequent semantically entails the truth of the antecedent. In such cases the content of the antecedent is implicit in the meaning of the consequent. Contraposition becomes possible if what is implicit in the original consequent is made explicit in the contrapositive antecedent. (shrink)
In this paper, Nāgārjuna’s philosophical interpretation of the terms kāraṇa and kārya is analysed after having methodologically confined the specific field of interest to the MMK. From the study of all the occurrences of kāraṇa and kārya in the MMK (listed in paragraph 2), it emerges that Nāgārjuna makes use of these two terms to refer to skandhas as causes (kāraṇa) of further skandhas as effects (kārya), hence conveying with this words the idea of, so to speak, subjectivity and (re)birth. (...) From the principal commentaries on the MMK (particularly Bhāviveka and Candrakīrti), we know also that, even when the reference of kāraṇa and kārya to skandhas is not explicitly pointed out by Nāgārjuna, it nonetheless can be inferred from the peculiar context in which these terms are employed. This conclusion seems to be confirmed also by the crosscheck analysis of the philosophical usage of the parallel terms hetu and phala, which refer either to, so to speak, objective (i.e., concerning general bhāvas) causes and effects, or – in the case of phala as consequence of karman/kriyā – to moral results (these two meanings are confirmed also by some passages from the Vigrahavyāvartanī), but in no cases Nāgārjuna makes recurse to hetu and phala to refer to what could be called a subjective (i.e., concerning skandhas) level of causality. To the paper an addendum is added, in which the commentaries on MMK 8.4 are taken into consideration. From this excursus it appears that at least Buddhapālita, Bhāviveka and Candrakīrti, by ‘overinterpreting’ the meaning of hetu in the kārika, are consequently forced to readapt the philosophical significance of kāraṇa and kārya in a way that does not fit so much with Nāgārjuna’s original message. (shrink)
The contemporary cultural mindset posits that the world has no intrinsic semantic value. The meaning we see in it is supposedly projected onto the world by ourselves. Underpinning this view is the mainstream physicalist ontology, according to which mind is an emergent property or epiphenomenon of brains. As such, since the world beyond brains isn’t mental, it cannot a priori evoke anything beyond itself. But a consistent series of recent experimental results suggests strongly that the world may in fact (...) be mental in nature, a hypothesis openly discussed in the field of foundations of physics. In this essay, these experimental results are reviewed and their hermeneutic implications discussed. If the world is mental, it points to something beyond its face-value appearances and is amenable to interpretation, just as ordinary dreams. In this case, the project of a Hermeneutic of Everything is metaphysically justifiable. (shrink)
This paper shows how reasoning from best explanation combines with linguistic and factual presumptions during the process of retrieving a speaker’s intention. It is shown how differences between presumptions need to be used to pick the best explanation of a pragmatic manifestation of a dialogical intention. It is shown why we cannot simply jump to an interpretative conclusion based on what we presume to be the most common purpose of a speech act, and why, in cases of indirect speech acts, (...) we need to depend on an abductive process of interpretation. (shrink)
This paper examines the mechanisms involved in the interpretation of utterances that are both metaphorical and ironical. For example, when uttering 'He's a real number-cruncher' about a total illiterate in maths, the speaker uses a metaphor with an ironic intent. I argue that in such cases both logically and psychologically, the metaphor is prior to irony. I hold that the phenomenon is then one of ironic metaphor, which puts a metaphorical meaning to ironic use, rather than an irony used (...) metaphorically (§1). This result is then used to argue for the claim that in metaphor, it is metaphorical, not literal, meaning that determines the utterance‘s truth conditions. Gricean accounts, which exclude metaphorical meaning from truth conditional content and rely entirely on conversational implicature, are seen to be unsatisfactory. Five contextualist arguments are briefly discussed to the conclusion that metaphorical content is part of truth-conditional content, rather than implicated (§2). (shrink)
This chapter’s main topic revolves around Davidson’s account of radical interpretation and the concept of triangulation as a necessary feature of communication and the formation of beliefs. There are two important implications of this model of belief formation for feminists studying the effects of social location on knowledge production generally, and the production of scientific knowledge in particular. The first is Davidson’s argument that whatever there is to the meaning of any of our beliefs must be available from the (...) radical interpreter’s external, third-person perspective. The second important implication of triangulation is that Davidson’s model is a holistic one that shows that there is no substantive difference in the triangulation process by which we form beliefs concerning basic descriptive features of the world and beliefs concerning evaluative features of the world. (shrink)
This study deals with a linguistic phenomenon that has not been fully researched. This phenomenon was mentioned in some of the works of the bedî scholars who called it ittisâ (statements that can be interpreted in more than one meaning – provided that the vocabularies can express these interpretations – without any presence of any presumption in favour of any meaning, often out of the intention of the speaker. -/- Multiples interpretations used for many reasons, may be grammatical, (...) word’s structure, phonetic or written, this linguistic phenomenon deserves in-depth survey. -/- This research examines the phenomenon of ittisâ on two sides: -/- 1- The techniques used by the speaker to produce statements with multiple meanings -/- 2- How the recipient interpret these statements. -/- This research will be a guide showing us the rhetorical art in ittisâ. it will introduce examples of the ittisâ science from the Holly Quraan, the prophet’s Hadith, the words of the companions, and the poems of the Arabs and their proverbs. (shrink)
The article goes through the critical analysis of the rawlsian concept of original position, expressed by Habermas in 1995. Habermasian remarks on the original position aim to undermine the justifiability of such a concept as fundamental to the whole political theory. In fact, it is supposed to substitute the procedures of democratic deliberation with a well thought-out construction belonging uniquely to the theoretician. According to Habermas, substantive outcomes of procedures must be left out from political theory, whose task (...) is to set a standard for the best possible procedures, meaning a democratic framework in which all opinions and beliefs take part to the decision. Rawls approves the critique since from his point of view, no procedure is able to avoid the inclusion of some substantive contents. On such assumption he twists to Habermasian theory the same remarks, observing that it avoids substantive assumptions at political level, embodying them at the epistemic one. As a result, the article raises some issues about the desirability and feasibility of both theories, even considering which interpretation of the role of political philosophy they imply. (shrink)
'Interpretational' accounts of meaning are frequently treated as incompatible with accounts stressing language's 'social' character. However, this paper argues that one can reconcile interpretational and social accounts by distinguishing "methodological" from "ascriptional" individualism. While methodological individualism requires only that the meaning of one's terms ultimately be grounded in facts about oneself, ascriptional individualism requires that the meaning of one's terms be independent of how others use theirs. Interpretational accounts are committed only to methodological individualism, while arguments for (...) languages social character are best understood as attacks on ascriptional individualism. As a result, one can recognize language's social character and still be an interpretationalist. (shrink)
Donald Davidson has argued that attention to the necessarily public character of language shows that we cannot be massively mistaken about the world around us, and that consequently skeptical doubts about empirical knowledge are misplaced. The arguments Davidson advances rely on taking as the fundamental methodological standpoint for investigating meaning and related concepts the standpoint of the interpreter of another speaker, on the grounds that it is from the interpreter’s standpoint that we discover what constraints are placed on (...) class='Hi'>meaning by the public character of language. In this paper, I argue that although Davidson’s arguments reveal important conceptual connections between meaning and belief on the one hand, and truth and interpretation on the other, they do not show that it is impossible that we are massively mistaken about the external world. (shrink)
Our commonsense understanding of meaning and motive is realized via the semantic encoding of causal role. Appreciating this together with other features of semantic theories enables us to see that methodological critiques of psychoanalysis, such as those by Popper and Grunbaum, systematically fail to take account of empirical data, and if taken seriously would render commonsense understanding of mind and language void. This is particularly problematic if we consider much of what we regard ourselves as knowing is registered in (...) language, or understood through our use of it, since this includes science itself. (shrink)
This article analyzes the implications of protective measurement for the meaning of the wave function. According to protective measurement, a charged quantum system has mass and charge density proportional to the modulus square of its wave function. It is shown that the mass and charge density is not real but effective, formed by the ergodic motion of a localized particle with the total mass and charge of the system. Moreover, it is argued that the ergodic motion is not continuous (...) but discontinuous and random. This result suggests a new interpretation of the wave function, according to which the wave function is a description of random discontinuous motion of particles, and the modulus square of the wave function gives the probability density of the particles being in certain locations. It is shown that the suggested interpretation of the wave function disfavors the de Broglie-Bohm theory and the many-worlds interpretation but favors the dynamical collapse theories, and the random discontinuous motion of particles may provide an appropriate random source to collapse the wave function. (shrink)
Many writers have held that in his later work, David Lewis adopted a theory of predicate meaning such that the meaning of a predicate is the most natural property that is (mostly) consistent with the way the predicate is used. That orthodox interpretation is shared by both supporters and critics of Lewis's theory of meaning, but it has recently been strongly criticised by Wolfgang Schwarz. In this paper, I accept many of Schwarze's criticisms of the orthodox interpretation, (...) and add some more. But I also argue that the orthodox interpretation has a grain of truth in it, and seeing that helps us appreciate the strength of Lewis's late theory of meaning. (shrink)
Life’s meaning is a deeply important yet perplexing topic. It is often unclear what people are talking about when they talk about life having “meaning”. This paper attempts to clarify things by articulating a schema for understanding claims about meaning. It defends a theory according to which X means Y iff Y is a correct interpretation of X—i.e., if Y is a correct answer to an interpretive question, Z. I argue that this (perhaps surprising) claim has impressive (...) explanatory power. Applying this schema to life explains the many ways in which people seem to think and talk about life’s meaning, and common claims in the philosophical literature. It also makes sense of empirical findings from psychological research on perceived meaning in life. (shrink)
● Sergio Cremaschi, The non-existing Island. I discuss the way in which the cleavage between the Continental and the Anglo-American philosophies originated, the (self-)images of both philosophical worlds, the converging rediscoveries from the Seventies, as well as recent ecumenic or anti-ecumenic strategies. I argue that pragmatism provides an important counter-instance to both the familiar self-images and to the fashionable ecumenic or anti-ecumenic strategies. My conclusions are: (i) the only place where Continental philosophy exists (as Euro-Communism one decade ago) is America; (...) (ii) less obviously, also analytic philosophy does not exist, or does no more exist as a current or a paradigm; what does exist is, on the one hand, philosophy of language and, on the other, philosophy of mind, that is, two disciplines; (iii) the dissolution of analytic philosophy as a school has been extremely fruitful, precisely in so far as it has left room for disciplines and research programmes; (iv) what is left, of the Anglo-American/Continental cleavage is primarily differences in styles, depending partly on intellectual traditions, partly owing to sociology, history, institutional frameworks; these differences should not be blurred by rash ecumenism; besides, theoretical differences are alive as ever, but within both camps; finally, there is indeed a lag (not a difference) in the appropriation of intellectual techniques by most schools of 'Continental' philosophy, and this should be overcome through appropriation of what the best 'analytic' philosophers have produced. -/- ● Michael Strauss, Language and sense-perception: an aspect of analytic philosophy. To test an assertion about one fact by comparing it with perceived reality seems quite unproblematic. But the very possibility of such a procedure is incompatible with the intellectualistic basis of logical positivism and atomism (as it is for example to be found in Russell's Analysis of Mind). According to the intellectualistic approach pure sensation is meaningless. Sensation receives its meaning and order from the intellect through interpretation, which is performed with the help of linguistic tools, i.e. words and sentences. Before being interpreted, sensation is not a picture or a representation, it is neither true nor false, neither an illusion nor knowledge; it does not tell us anything; it is a lifeless and order-less matter. But how can a thought (or a proposition) be compared with such a lifeless matter? This difficulty confronts the intellectualist, if on the one hand he admits the necessity of comparing thought with sense-perception, and on the other hand presupposes that we possess only intellectual and no immediate perceptual understanding of what we see and hear. In this paper I give a critical exposition of three attempts, made by Russell, Neurath and Wittgenstein, to solve this problem. The first attempt adheres to strict conventionalism, the second tends to naturalism and the third leads to an amended, very moderate version of conventionalism. This amended conventionalism looks at sense impressions as being a peculiar language, which includes primary symbols, i.e. symbols not founded on convention and not being in need of interpretation. -/- ● Ernst Tugendhat, Phenomenology and language analysis. The paper, first published in German in 1970, by which Tugendhat gave a start to the German rediscovery of analytic philosophy. The author stages a confrontation between phenomenology and language analysis. He argues that language analysis does not differ from phenomenology as far as the topics dealt with are concerned; instead, both currents are quite different in method. The author argues that language-analytic philosophy does not simply lay out of the mainstream of transcendental philosophy, but that instead it challenges this tradition on the very level of foundations. The author criticizes the linguistic-analytic approach centred on the subject as well as any object-centred approach, while proposing inter-subjective understanding through language as the new universal framework. This is, when construed in so general terms, the same program of hermeneutics, though in a more basic version. -/- ● Jürgen Habermas, Language game, intention and meaning. On a few suggestions by Sellars and Wittgenstein. -/- The paper, first published in German in 1975, in which Habermas announces his own linguistic turn through a discovery of speech acts. In this essay the author wants to work out a categorical framework for a communicative theory of society; he takes Wittgenstein's concept of language game as a Leitfade and, besides, he takes advantage also of Wilfried Sellars's quasi-transcendental account of the genesis of intentionality. His goal is to single out the problems connected with a theory of consciousness oriented in a logical-linguistic sense. -/- ● Zvie Bar-On, Isomorphism of speech acts and intentional states. -/- This essay presents the problem of the formal relationship between speech acts and intentional states as an essential part of the perennial philosophical question of the relation between language and thought. I attempt to show how this problem had been dealt with by two prominent philosophers of different camps in our century, Edmund Husserl and John Searle. Both of them wrote extensively about the theory of intentionality. I point out an interesting, as it were unintended, continuity of their work on that theory. Searle started where Husserl left off 80 years earlier. Their meeting point could be used as the first clue in our search. They both adopted in effect the same distinction between two basic aspects of the intentional experience: its content or matter, and its quality or mode. Husserl did not yet have the concept of a speech act as contradistinguished from an intentional state. The working hypothesis, however, which he suggested, could be used as a second clue for the further elaboration of the theory. The relationship of the two levels, the mental and the linguistic, which remained for Husserl in the background only, became the cornerstone of Searle' s inquiry. He employed the speech act as the model and analysed the intentional experience by means of the conceptual apparatus of his own theory of speech acts. This procedure enabled him to mark out a number of parallelisms and correlations between the two levels. This procedure explains the phenomenon of the partial isomorphism of speech acts and intentional states. -/- ● Roberta de Monticelli, Ontology. A dialogue among the linguistic philosopher, the naturalist, and the phenomenological philosopher. -/- This paper proposes a comparison between two main ways of conceiving the role and scope of that fundamental part of philosophy (or of "first" philosophy) which is traditionally called "ontology". One way, originated within the analytic tradition, consists of two main streams, namely philosophy of language and (contemporary) philosophy of mind, the former yielding "reduced ontology" and the latter "neo-Aristotelian ontology". The other way of conceiving ontology is exemplified by "phenomenological ontology" (more precisely, the Husserlian, not the Heideggerian version). Ontology as a theory of reference ("reduced" ontology, or ontology as depending on semantics) is presented and justified on the basis of some classical thesis of traditional philosophy of language (from Frege to Quine). "Reduced ontology" is shown to be identifiable with one level of a traditional, Aristotelian ontology, namely the one which corresponds to one of the four "senses of being" listed in Aristotle's Metaphysics: "being" as "being true". This identification is justified on the basis of Franz Brentano's "rules for translation" of the Aristotelian table of judgements in terms of (positive and negative) existential judgments such as are easily translatable into sentences of first order predicate logic. The second part of the paper is concerned with "neo-Aristotelian ontology", i.e. with naturalism and physicalism as the main ontological options underlying most of contemporary discussion in the philosophy of mind. The qualification of such options as "neo-Aristotelian" is justified; the relationships between "neo-Aristotelian ontology" and "reduced ontology" are discussed. In the third part the fundamental tenet of "phenomenological ontology" is identified by the thesis that a logical theory of existence and being does capture a sense of "existing" and "being" which, even though not the basic one, is grounded in the basic one. An attempt is done of further clarifying this "more basic" sense of "being". An argument making use of this supposedly "more basic" sense is advanced in favour of a "phenomenological ontology". -/- ● Kuno Lorenz, Analytic Roots in Dialogic Constructivism. -/- Both in the Vienna Circle ad in Russell's early philosophy the division of knowledge into two kinds (or two levels), perceptual and conceptual, plays a vital role. Constructivism in philosophy, in trying to provide a pragmatic foundation - a knowing-how - to perceptual as well as conceptual competences, discovered that this is dependent on semiotic tools. Therefore, the "principle of method" had to be amended by the "principle of dialogue". Analytic philosophy being an heir of classical empiricism, conceptually grasping the "given", and constructive philosophy being an heir of classical rationalism, perceptually providing the "constructed", merge into dialogical constructivism, a contemporary development of ideas derived especially from the works of Charles S. Peirce (his pragmatic maxim as a means of giving meaning to signs) and of Ludwig Wittgenstein (his language games as tools of comparison for understanding ways of life). -/- 7. Albrecht Wellmer, "Autonomy of meaning" and "principle of charity" from the viewpoint of the pragmatics of language. -/- In this essay I present an interpretation of the principle of the autonomy of meaning and of the principle of charity, the two main principles of Davidson's semantic view of truth, showing how both principles may fit in a perspective dictated by the pragmatics of language. I argue that (I) the principle of the autonomy of meaning may be thoroughly reformulated in terms of the pragmatics of language, (ii) the principle of charity needs a supplement in terms of pragmatics of language in order to become really enlightening as a principle of interpretation. Besides, I argue that: (i) on the one hand, the fundamental thesis of Habermas on the pragmatic theory of meaning ("we understand a speech act when we know what makes it admissible") is correlated with the seemingly intentionalist thesis according to which we understand a speech act when we know what a speaker means; (ii) on the other hand, to say that the meaning competence of a competent speaker is basically a competence about a potential of reasons (or also of possible justifications) which is inherently connected with the meaning of statements, or with their use in utterances. -/- ● Rüdiger Bubner, The convergence of analytic and hermeneutic philosophy -/- This paper argues that the analytic philosophy does not exist, at least as understood by its original programs. Differences in the analytic camp have always been bigger than they were believed to be. Now these differences are coming to the fore thanks to a process of dissolution of dogmatism. Philosophical analysis is led by its own inner logic towards questions that may be fairly qualified as hermeneutic. Recent developments in analytic philosophy, e.g. Davidson, seem to indicate a growing convergence of themes between philosophical analysis and hermeneutics; thus, the familiar opposition of Anglo-Saxon and Continental philosophy might soon belong to history. The fact of an ongoing appropriation of analytical techniques by present-day German philosophers may provide a basis for a powerful argument for the unity of philosophizing, beyond its strained images privileging one technique of thinking and rejecting the remainder. Actual philosophical practice should take the dialogue between the two camps more seriously; in fact, the processes described so far are no danger to philosophical work. They may be a danger for parochial approaches to philosophizing; indeed, contrary to what happens in the natural sciences, Thomas Kuhn's "normal science" developing within the framework of one fixed paradigm is not typical for philosophical thinking. And in philosophy innovating revolutions are symptoms more of vitality than of crisis. -/- ● Karl-Otto Apel, The impact of analytic philosophy on my intellectual biography. -/- In my paper I try to reconstruct the history of my Auseinandersetzung mit - as I called it - "language-analytical" philosophy (including even Peircean semiotics) since the late Fifties. The heuristics of my study was predetermined by two main motives of my beginnings: the hermeneutic turn of phenomenology and the transformation of "transcendental philosophy" in the light of the "language a priori". Thus, I took issue with the early and the later Wittgenstein, logical positivism, and post-Wittgensteinian and post-empiricist philosophy of science (i.e. G.H. von Wright and the renewal of the "explanation vs understanding controversy" as well as the debate between Th. Kuhn and Popper/Lakatos); besides, with speech act theory and the debate about "transcendental arguments" since Strawson. The "pragmatic turn", started already by C.L. Morris and the later Carnap, led me to study also the relationship between Wittgensteinian "use" theory of meaning and of truth. This resulted on my side in something like a program of "transcendental semiotics", i.e. "transcendental pragmatics" and "transcendental hermeneutics". -/- ● Ben-Ami Scharfstein, A doubt on both their houses: the blindness to non-western philosophies. The burden of my criticism is that contemporary European philosophers of all kinds have continued to think as if there were no true philosophy but that of the West. For the most part, the existentialists have been oblivious of their Eastern congeners; the hermeneuticians have yet to stretch their horizons beyond the most familiar ones; and the analysts remain unaware of the analyses and linguistic sensitivities of the ancient non-European philosophers. Briefly, ignorance still blinds almost all contemporary Western philosophers to the rich, variegated philosophical traditions outside of their familiar orbit. Both Continental and Anglo-Americans have lost the breadth of view that once characterized such thinkers as Herder and the Humboldts. The blindness that has resulted is not simply that of individual Western philosophers but of our whole, still parochial philosophical culture. (shrink)
William Paley ( Natural Theology , 1802) developed the argument-from-design. The complex structure of the human eye evinces that it was designed by an intelligent Creator. The argument is based on the irreducible complexity ("relation") of multiple interacting parts, all necessary for function. Paley adduces a wealth of biological examples leading to the same conclusion; his knowledge of the biology of his time was profound and extensive. Charles Darwin’s Origin of Species is an extended argument demonstrating that the "design" of (...) organisms can be explained by natural selection. Moreover, the dysfunctions, defects, waste, and cruelty that prevail in the living world are incompatible with a benevolent and omnipotent Creator. They come about by a process that incorporates chance and necessity, mutation and natural selection. In addition to science, there are other ways of knowing, such as art, literature, philosophy, and religion. Matters of value, meaning, and purpose transcend science. (shrink)
It is generally acknowledged that verbal auditory imagery, the reader's sense of hearing the words on a page, matters in the silent reading of poetry. Verbal auditory imagery (VAI) in the silent reading of narrative prose, on the other hand, is mostly neglected by literary and other theorists. This is a first attempt to provide a systematic theoretical account of the felt qualities and underlying cognitive mechanics of narrative VAI, drawing on convergent evidence from the experimental cognitive sciences, psycholinguistic theory, (...) and introspection. The central argument is that distinctions within the domain of embodied VAI also apply to higher-order meaning-making. That is, based on the imaginer's level of self-implication in their production, discrete types of VAI are associated with discrete tendencies in spontaneous literary interpretation. More generally, the aim of this paper is to isolate a new set of embodied experiences which, along with previously researched phenomena such as sensorimotor enactment or emotion, contribute to our understanding of literary narrative. (shrink)
This paper by Theodore de Laguna presents and argues for the deflationary theory of truth. The paper was first published in French in 1922. The version published here is the original, English version of the paper and has been edited by Joel Katzav.
Against David Schenck's interpretation, I argue that it is not absolutely clear that Merleau-Ponty ever meant to replace what Schenck refers to as the "unity of meanings" interpretation of "structure" with a "material meanings" interpretation. A particular problem-setting -- for example, an attempt to understand the "truth in naturalism" or the "truth in dualism" -- may very well require a particular mode of expression. I argue that the mode of expression chosen by Merleau-Ponty for these purposes, while unfortunate in some (...) of its apparent implications, need not be interpreted as recommitting him to the doctrine he spent his life working to renounce. I have argued that this would have been clearer had he been able to avail himself of James J. Gibson's notion of affordances, which capture perfectly what he was reaching for. (shrink)
I argue that Donald Davidson's rejection of the notion of language, as commonly understood in philosophy and linguistics, is justified. However, I argue that his position needs to be supplemented by an account of the development and nurture of pre-linguistic communicative skills. Davidson argues (in 'A Nice Derangement of Epitaphs' and elsewhere) that knowledge of a language (conceived of as a set of rules or conventions) is neither sufficient nor necessary for 'linguistic' communication. The strongest argument against the initial formulation (...) is that while Davidson may have shown that knowledge of a language is not sufficient, he failed to show that it is not necessary. Subsequently, Davidson has invoked his 'triangulation' thesis, to show that understanding can rest on the apprehension of mutuality in a shared objective world, and does not presuppose the sharing of rules or practices. I argue that the starting position arrived at from the triangulation thesis itself presupposes the possibility of communication. The triangulation thesis needs, therefore, to be supplemented by a (non-reductive) naturalistic account of non-linguistic communicative skills. In such an account we must posit shared practices (practices of mutual engagement with a shared world), but not an account of practices conceived on the model of rules or conventions. I note, finally, that by adopting such an approach we offer a way of explicating the formulation of passing theories, which in Davidson's account are the point at which communicative understanding occurs. (shrink)
Recently it has been argued that autocatalytic theory could be applied to the origin of culture. Here possible application to a theory of meaning in the philosophy of language, called radical interpretation, is commented upon and compared to previous applications.
The problem of value disagreement and contextualist, relativist and metalinguistic attempts of solving it are laid out. Although the metalinguistic account seems to be on the right track, it is argued that it does not sufficiently explain why and how disagreements about the meaning of evaluative terms are based on and can be decided by appeal to existing social practices. As a remedy, it is argued that original suggestions from Putnam's 'The Meaning of "Meaning"' ought to (...) be taken seriously. The resulting dual aspect theory of meaning can explain value disagreement in much the same way as it deals with disagreement about general terms. However, the account goes beyond Putnam's by not just defending a version of social externalism, but also defending the thesis that the truth conditional meaning of many evaluative terms is not fixed by experts either and instead constantly contested as part of a normal function of language. (shrink)
In this article the linguistic processes of consciousness are discussed at the informational and semantic levels. The key question is devoted to the distinction between the information, meaning and sense in the physical, logico-semantic and historic levels of brain and consciousness. The principal point runs that the human linguistic process of sense producing takes the variety and indistinctness in the cultural presupposition. The modern theories of philosophy of mind relying on the theories of Soviet psychological school propose some new (...) solutions in the pragmatic questions of the semantic noncomputability. In this review we will try to justify the dualistic correlation between the cultural base and the communicative semantic process. (shrink)
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