ACTION-THEORETICALLY EXPLANATORY INTERPRETATIONS AS A MEANS OF SEMANTIC MEANING ANALYSIS The article first develops a general procedure for semantic meaning analysis in difficult cases where the meaning is very uncertain. The procedure consists of searching for one or more possible hypothetical causal explanations of the text, these explanations containing, among other things, the semantic intention of the author, his subjective reasons for this meaning and for the writing down of the text, but (...) also the path of transmission of the text from the writing down to the respective present text version. These hypothetical explanations (interpretations) are deductive-nomological or probabilistic, therefore presuppose corresponding general law hypotheses. If there is only one possible (hypothetical) explanation of the text at hand, this hypothetical explanation is also true. Very often, however, there are several possible explanations. In this case, the probabilities of these possible explanations must be determined; these probabilities then carry over to the individual hypotheses in the explanation (according to Bayes' law). This general procedure of meaning analysis is used in the second part of the article to reconstruct two famous interpretations (by Wapnewski and Hahn) of a poem by Walther von der Vogelweide ("Nemt, frowe, disen kranz"). -/- GERMAN ABSTRACT In dem Artikel wird zunächst ein allgemeines Verfahren zur semantischen Bedeutungsanalyse in schwierigen Fällen entwickelt, in denen die Bedeutung sehr unsicher ist. Das Verfahren besteht darin, daß eine oder mehrere mögliche hypothetische kausale Erklärungen des Textes gesucht werden, wobei diese Erklärungen u.a. die semantische Intention des Autors enthalten, seine subjektiven Gründe für diese Bedeutung und für die Niederschrift des Textes, aber auch den Weg der Tradierung des Textes von der Niederschrift bis zur jeweils vorliegenden Textversion. Diese hypothetischen Erklärungen (Deutungen) sind deduktiv-nomologisch oder probabilistisch, setzen deshalb entsprechende allgemeine Gesetzeshypothesen voraus. Wenn es nur eine mögliche (hypothetische) Erklärung des vorliegenden Textes gibt, ist diese hypothetische Erklärung auch wahr. Sehr häufig gibt es aber mehrere mögliche Erklärungen. In diesem Fall müssen die Wahrscheinlichkeiten dieser möglichen Erklärungen bestimmt werden; diese Wahrscheinlichkeiten übertragen sich dann auch auf die einzelnen Hypothesen in der Erklärung (nach dem Bayesschen Gesetz). Dieses allgemeine Verfahren der Bedeutungsanalyse wird im zweiten Teil des Artikels zur Rekonstruktion zweier berühmter Interpretationen (von Wapnewski und Hahn) eines Gedichts von Walther von der Vogelweide („Nemt, frowe, disen kranz“) verwendet. (shrink)

ArgumentIn the United States, scientific knowledge is brought before the courts by way of testimony – the testimony of scientific experts. We argue that this expertise is best understoodfirstas related to the quality of the underlying scienceand thenin terms of who delivers it. Bloodstain pattern analysis (BPA), a contemporary forensic science, serves as the vaulting point for our exploration of objectivity as a metric for the quality of a science in judicial contexts. We argue that BPA fails to meet (...) the minimal standard set by Helen Longino’s social-procedural account of objectivity (1990, 2002). In light of some pressing issues for social-procedural accounts, we offer an infrastructural account of objectivity. This account offers what amounts to a friendly amendment to Longino’s account and adds to the ways in which we might analyze social-procedural objectivity. Finally, we address an issue that is pressing in the legal context: given that scientific knowledge is delivered by individuals, not communities, at least in U.S. courts, we (may) need a way to evaluate individual scientific and epistemic agents. We suggest a means for making this evaluation that is derived from our infrastructural account of objectivity. (shrink)

Penelope Maddy’s Second Philosophy is one of the most well-known ap- proaches in recent philosophy of mathematics. She applies her second-philosophical method to analyze mathematical methodology by reconstructing historical cases in a setting of means-ends relations. However, outside of Maddy’s own work, this kind of methodological analysis has not yet been extensively used and analyzed. In the present work, we will make a first step in this direction. We develop a general framework that allows us to clarify the (...) class='Hi'>procedure and aims of the Second Philosopher’s investigation into set-theoretic methodology; pro- vides a platform to analyze the Second Philosopher’s methods themselves; and can be applied to further questions in the philosophy of set theory. (shrink)

A huge amount of data is being generated everyday through different transactions in industries, social networking, communication systems etc. Big data is a term that represents vast volumes of high speed, complex and variable data that require advanced procedures and technologies to enable the capture, storage, management, and analysis of the data. Big data analysis is the capacity of representing useful information from these large datasets. Due to characteristics like volume, veracity, and velocity, big data analysis is (...) becoming one of the most challenging research problems. Semantic analysis is method to better understand the implied or practical meaning of the input dataset. It is mostly applied with ontology to analyze content mainly in web resources. This field of research combines text analysis and Semantic Web technologies. The use semantic knowledge is to aid sentiment analysis of queries like emotion mining, popularity analysis, recommendation systems, user profiling, etc. A new method has been proposed to extract semantic relationships between different data attributes of big data which can be applied to a decision system. (shrink)

This book provides a concise overview, with excellent historical and systematic coverage, of the problems of the philosophy of language in the analytic tradition. Howard Callaway explains and explores the relation of language to the philosophy of mind and culture, to the theory of knowledge, and to ontology. He places the question of linguistic meaning at the center of his investigations. The teachings of authors who have become classics in the field, including Frege, Russell, Carnap, Quine, Davidson, and Putnam (...) are critically analyzed. I share completely his conviction that contemporary Anglo-American philosophy follows the spirit of the enlightenment in insisting on intellectual sincerity, clarity, and the willingness to meet scientific doubts or objections openly. --Professor Henri Lauener, Editor of Dialectica. (shrink)

Objective: The nutrient artery which enters through the nutrient foramen (NF) provides blood circulation and nutrition in long bones. This supply is essential during the growing period, the early phases of ossification, and in some surgical procedures. This study aimed to investigate NF in adult human ulnas in the Turkish population. -/- Methods: For this study, 155 (70 right and 85 left) Turkish dry adult human ulnas were used. The presence, number, and patency of NF were recorded as well as (...) its topography and direction. The vertical distance between the most proximal point of the olecranon and the proximal edge of the NF (DONF), and the longitudinal distance between the most ventral point of the coronoid process on the sagittal plane and the proximal edge of the NF (DCpNF) was calculated. Additionally, the foraminal index (FI) was assessed. -/- Results: Single and double NFs were in 139 ulnas (89.67%), and 3 ulnas (1.94%), respectively. NFs were not observed in 13 ulnas (8.39%). The majority of NFs (93.12%) were situated on the anterior surface of the ulna. The direction of all NFs was towards the elbow. The mean DONF and DCpNF were 9.48 ± 1.57 cm, and 6.68 ± 1.44 cm, respectively. The FI was 37.45% in ulnas with a single NF, while it was 41.46% in ulnas with a double NF. -/- Conclusion: Our study has presented additional information such as the FI of ulnas with 2 NFs, and the distance between the coronoid process and NF in the Turkish population. (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.

William Smith’s recent article criticises the so-called orthodox approaches to the normative analysis of healthcare resource allocation, associated to the requirement that decision-makers should abide by strictly procedural principles of legitimacy defining a deliberative democratic process. Much of the appeal of Smith’s argument goes down to his awareness of real-world processes and, in particular, to the large gap he identifies between well-led democratic deliberation and the messiness of the process through which the intuitively legitimate Affordable Care Act (ACA) was (...) created. This reply aims to demonstrate that the ACA provides no counterexample to orthodox views, seizing this opportunity to explore the specific space that the procedural principles populating orthodox accounts are meant to regulate. Neither general questions of healthcare justice concerning, for example, universal access nor, relatedly, the activity of elected politicians falls within the natural scope of application of such principles, revealing a much more complex picture of the interactions between justice and legitimacy as well as substantive and procedural considerations than acknowledged by Smith. In the end, orthodox accounts of healthcare resource allocation turn out to provide a precious fund of theoretical resources for the normative study of administrators, which might be useful well beyond bioethics and health policy. (shrink)

Contemporary public discourse is saturated with speech that vilifies and incites hatred or violence against vulnerable groups. The term “hate speech” has emerged in legal circles and in ordinary language to refer to these communicative acts. But legal theorists and philosophers disagree over how to define this term. This paper makes the case for, and subsequently develops, the first corpus-based analysis of the ordinary meaning of “hate speech.” We begin by demonstrating that key interpretive and moral disputes surrounding (...) hate speech laws—in particular, surrounding their compatibility with the rule of law, democracy, and free speech—depend crucially on the ordinary meaning of “hate speech.” Next, we argue, drawing on recent developments in legal philosophy, that corpus linguistics constitutes a distinctively promising tool for ascertaining the ordinary meaning of “hate speech.” Finally, we offer a proof of concept, by outlining, and analyzing the interpretive and moral implications of, the first such study. (shrink)

The thesis deals with the concept of truth and the paradoxes of truth. Philosophical theories usually consider the concept of truth from a wider perspective. They are concerned with questions such as - Is there any connection between the truth and the world? And, if there is - What is the nature of the connection? Contrary to these theories, this analysis is of a logical nature. It deals with the internal semantic structure of language, the mutual semantic connection of (...) sentences, above all the connection of sentences that speak about the truth of other sentences and sentences whose truth they speak about. Truth paradoxes show that there is a problem in our basic understanding of the language meaning and they are a test for any proposed solution. It is important to make a distinction between the normative and analytical aspect of the solution. The former tries to ensure that paradoxes will not emerge. The latter tries to explain paradoxes. Of course, the practical aspect of the solution is also important. It tries to ensure a good framework for logical foundations of knowledge, for related problems in Artificial Intelligence and for the analysis of the natural language. Tarski’s analysis emphasized the T-scheme as the basic intuitive principle for the concept of truth, but it also showed its inconsistency with the classical logic. Tarski’s solution is to preserve the classical logic and to restrict the scheme: we can talk about the truth of sentences of a language only inside another essentially richer metalanguage. This solution is in harmony with the idea of reflexivity of thinking and it has become very fertile for mathematics and science in general. But it has normative nature | truth paradoxes are avoided in a way that in such frame we cannot even express paradoxical sentences. It is also too restrictive because, for the same reason we cannot express a situation in which there is a circular reference of some sentences to other sentences, no matter how common and harmless such a situation may be. Kripke showed that there is no natural restriction to the T-scheme and we have to accept it. But then we must also accept the riskiness of sentences | the possibility that under some circumstances a sentence does not have the classical truth value but it is undetermined. This leads to languages with three-valued semantics. Kripke did not give any definite model, but he gave a theoretical frame for investigations of various models | each fixed point in each three-valued semantics can be a model for the concept of truth. The solutions also have normative nature | we can express the paradoxical sentences, but we escape a contradiction by declaring them undetermined. Such a solution could become an analytical solution only if we provide the analysis that would show in a substantial way that it is the solution that models the concept of truth. Kripke took some steps in the direction of finding an analytical solution. He preferred the strong Kleene three-valued semantics for which he wrote it was "appropriate" but did not explain why it was appropriate. One reason for such a choice is probably that Kripke finds paradoxical sentences meaningful. This eliminates the weak Kleene three valued semantics which corresponds to the idea that paradoxical sentences are meaningless, and thus indeterminate. Another reason could be that the strong Kleene three valued semantics has the so-called investigative interpretation. According to this interpretation, this semantics corresponds to the classical determination of truth, whereby all sentences that do not have an already determined value are temporarily considered indeterminate. When we determine the truth value of these sentences, then we can also determine the truth value of the sentences that are composed of them. Kripke supplemented this investigative interpretation with an intuition about learning the concept of truth. That intuition deals with how we can teach someone who is a competent user of an initial language (without the predicate of truth T) to use sentences that contain the predicate T. That person knows which sentences of the initial language are true and which are not. We give her the rule to assign the T attribute to the former and deny that attribute to the latter. In that way, some new sentences that contain the predicate of truth, and which were indeterminate until then, become determinate. So the person gets a new set of true and false sentences with which he continues the procedure. This intuition leads directly to the smallest fixed point of strong Kleene semantics as an analytically acceptable model for the logical notion of truth. However, since this process is usually saturated only on some transfinite ordinal, this intuition, by climbing on ordinals, increasingly becomes a metaphor. This thesis is an attempt to give an analytical solution to truth paradoxes. It gives an analysis of why and how some sentences lack the classical truth value. The starting point is basic intuition according to which paradoxical sentences are meaningful (because we understand what they are talking about well, moreover we use it for determining their truth values), but they witness the failure of the classical procedure of determining their truth value in some "extreme" circumstances. Paradoxes emerge because the classical procedure of the truth value determination does not always give a classically supposed (and expected) answer. The analysis shows that such an assumption is an unjustified generalization from common situations to all situations. We can accept the classical procedure of the truth value determination and consequently the internal semantic structure of the language, but we must reject the universality of the exterior assumption of a successful ending of the procedure. The consciousness of this transforms paradoxes to normal situations inherent to the classical procedure. Some sentences, although meaningful, when we evaluate them according to the classical truth conditions, the classical conditions do not assign them a unique value. We can assign to them the third value, \undetermined", as a sign of definitive failure of the classical procedure. An analysis of the propagation of the failure in the structure of sentences gives exactly the strong Kleene three-valued semantics, not as an investigative procedure, as it occurs in Kripke, but as the classical truth determination procedure accompanied by the propagation of its own failure. An analysis of the circularities in the determination of the classical truth value gives the criterion of when the classical procedure succeeds and when it fails, when the sentences will have the classical truth value and when they will not. It turns out that the truth values of sentences thus obtained give exactly the largest intrinsic fixed point of the strong Kleene three-valued semantics. In that way, the argumentation is given for that choice among all fixed points of all monotone three-valued semantics for the model of the logical concept of truth. An immediate mathematical description of the fixed point is given, too. It has also been shown how this language can be semantically completed to the classical language which in many respects appears a natural completion of the process of thinking about the truth values of the sentences of a given language. Thus the final model is a language that has one interpretation and two systems of sentence truth evaluation, primary and final evaluation. The language through the symbol T speaks of its primary truth valuation, which is precisely the largest intrinsic fixed point of the strong Kleene three valued semantics. Its final truth valuation is the semantic completion of the first in such a way that all sentences that are not true in the primary valuation are false in the final valuation. (shrink)

The study sought to investigate the level of the knowledge possessed by Home Economics lecturers and students on the objectives of Patchwork and Quilting Craft. The design of the study was a descriptive survey. The study was carried out in Colleges of Education in South-East zone of Nigeria. The population of the study comprised of all the Home Economics lecturers and final year students in Colleges of Education. A census sampling approach was used in selecting all the lecturers and students (...) for the study. A researcher-developed questionnaire titled, “Level of knowledge on the Objectives of Patchwork and Quilting Craft Questionnaire” was used for data collection. The instrument was validated by experts in Home Economics and Measurement and Evaluation in Universities and Colleges of Education. The reliability of the instrument was determined using Cronbach’s alpha procedure and an index of 0.84 was obtained. The instrument was administered and collected back by five research assistants. Mean and standard deviation were used for data analysis. Findings show that twenty-four possible specific objectives of teaching patchwork and quilting craft in colleges of education were identified. There was a significant difference at p < 0.05 between the mean ratings of Home Economics lecturers and students on the objectives of teaching patchwork and quilting craft. Based on the findings, it was recommended that lecturers and students of Home Economics should be adequately retrained to gain more knowledge of the objectives of patchwork and quilting craft in colleges of Education. (shrink)

Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...) proposing an ontology, a general theory of knowledge and concept of a person. Kaufmann's work derives, first of all, from the thinking of Gustav Radburch, his teacher, and then from ideas of Karl Engish and Hans-Georg Gadamer. The philosophy undertakes to pursue the ultimate foundation of law, law which is understood by Kaufmann, first of all, as a "concrete judgement" that is, what is right in a concrete situation. Justice belongs to the essence of law and "unjust law" is contradictio in adiectio. Kaufmann opposes all those theories, which as the only foundation for establishing just law (Recht) adopt legal norms (Gesetz). In Kaufmann's opinion , such theories are powerless in the face of all types of distortions of law rendered by political forces. He suggests that the basic phenomenon which needs to be explained and which cannot be disregarded by a philosopher of law is so-called "legal lawlessness" ("Gestzliches Unrecht"). "Legal lawlessness" which forms a part of life experience for the people of twentieth century totalitarian states. It proved "with the accuracy of scientific experiment" that the reality of law consists of something more than bare conformity with legal norms. The existence of lex corrupta indicates that law contains something "non-dispositive" which requires acknowledgment of both law-maker and judge. Kaufmann, accepting the convergent concept of truth and cognition, assumes that "non-dispositive" content, emerging as the conformity of a number of cognitive acts of different subjects (inter-subjective communicativeness and verifiability), indicates the presence of being in this cognition. The questions "What is law?" and "What are the principles of a just solution?" lead straight to the ontology of law, to the question about the ontological foundations of law. Kaufmann discerns the ontological foundations of law in the specifically understood "nature of things" and, ultimately, in a "person". He proposes a procedural theory of justice, founded on a "person". In my work, I undertake to reconstruct the train of thought which led Kaufmann to the recognition of a "person" as the ontological foundation of law. In the first part, the conception of philosophy adopted by Kaufmann, initial characteristics of law — of reality which is the subject of analysis, as well as, the requirements for proper philosophical explanation of law posed by Kaufmann are introduced. In the second, Kaufmann's reconstruction of the process of the realisation of law is presented. Next, the conception of analogy which Kaufmann uses when explaining law is analyzed. In the fourth part, Kaufmann's conception of ontological foundations of law is discussed. A critical analysis is carried out in which I demonstrate that the theory of the ontological foundation of law proposed by Kaufmann and the concept of a person included in it do not allow a satisfac¬tory explanation of the phenomenon of "legal lawlessness" and lead to a number of difficulties in the philosophical explanation of law. Finally, the perspectives of a proper formulation of the issue of the ontological foundations of law are drafted in the context of the analyzed theory. My interest is centered on the conception of philosophy adopted by Kaufmann, according to which the existence of the reality is inferred on the basis of a certain configuration of the content of consciousness, whereas at the point of departure of philosophy of law, the data to be explained is a certain process, which is, basically, a process of cognition, while the reality appears only as a condition for the possibility of the occurrence of the process. I wish to argue that the difficulties which appear in the explanation of law are a consequence of the assumed fundamental philosophical solu¬tions, which seem to be characteristic, though usually not assumed explicitly, in philoso¬phy and theory of law dominant at present in continental Europe. Thereby, I wish to show the significance of ontological and epistemological solutions to the possibility of a proper formulation of the problems posed by philosophy and theory of law. Kaufmann proclaims himself in favour of a philosophy which poses questions about the ultimate foundations of understanding of the reality. In epistemology, he assumes that answers to the questions "What is reality like?" and ultimately "What is real?" are inferred on the basis of uniformity of a cognitive acts of different subjects. Cognition of the reality is accomplished exclusively through the content of conceptual material. The two fundamental questions posed by philosophy of law are "What is just law?" and "How is the just law enacted?" The latter is a question about the process of achieving a solution to a concrete case. Since, in Kaufmann's opinion, law does not exist apart from the process of its realisation, an answer to the question about the manner of realisation of law is of fundamental significance to answering the question: "What is law?" and to the explanation of the question about the ontological grounding of law, which is, as well, the foundation of justice. The proper solution has to take into account the moment of "non-dispositive" content of law; its positiveness understood as the reality and, at the same time, it has to point to the principles of the historical transformation of the content. Law, in the primary meaning of the word, always pertains, in Kaufmann's opinion, to a concrete case. A legal norm is solely the "possibility" of law and the entirely real law is ipsa res iusta, that which is just in a given situation. Determination of what is just takes place in a certain type of process performed by a judge (or by man confronted with a choice). Kaufmann aims to reconstruct this process. A question about the ontological foundation of law is a question about the ontological foundations of this process. In the analyzed theory it is formulated as a question about the transcendental conditions, necessary for the possibility of the occurrence of the process: how the reality should be thought to make possible the reconstructed process of the realisation of law. Kaufmann rejects the model for finding a concrete solution based on simple subsump¬tion and proposes a model in which concrete law ensues, based on inference by analogy, through the process of "bringing to conformity" that which is normative with that which is factual. Kaufmann distinguishes three levels in the process of the realisation of law. On the highest level, there are the fundamental legal principles, on the second legal norms, on the third — concrete solutions. The fundamental principles of law are general inasmuch as they cannot be "applied" directly to concrete conditions of life, however, they play an important part in establishing norms. A judge encounters a concrete situation and a system of legal norms. A life situation and norms are situated on inherently different levels of factuality and normativeness. In order to acquire a definite law both a norm (system of norms) and a life situation (Lebenssachverhalt) should undergo a kind of "treatment" which would allow a mutual conformity to be brought to them. Legal norms and definite conditions of life come together in the process of analogical inference in which the "factual state" ("Tatbestand") — which represents a norm, and in the "state of things" ("Sachverhalt") — which represents a specific situation are constructed. A "factual state" is a sense interpreted from a norm with respect to specific conditions of life. The "state of things" is a sense constructed on the basis of concrete conditions of life with respect to norms (system of norms). Legal norms and concrete conditions of life meet in one common sense established during the process of realisation of law. Mutatis mutandis the same refers to the process of composition of legal norms: as the acquisition of concrete law consists in a mutual "synchronization" of norms and concrete conditions of life, so acquisition of legal norms consists of bringing to conformity fundamental principles and possible conditions of life. According to Kaufmann, both of these processes are based on inference through analogy. As this inference is the heart of these processes it is simultaneously a foundation finding just law and justice. How does Kaufmann understand such an inference? As the basis for all justice he assumes a specifically interpreted distributive justice grounded on proportionality. Equality of relations is required between life conditions and their normative qualification. Concrete conditions of life are ascribed normative qualification not through simple application of a general norm. More likely, when we look for a solution we go from one concrete normative qualified case to another, through already known "applications" of norms to a new "application". The relation between life conditions and their normative qualifica¬tion has to be proportional to other, earlier or possible (thought of) assignments of that which is factual to that which is normative. Law as a whole does not consist of a set of norms, but only of a unity of relations. Since law is a, based on proportion, relative unity of a norm and conditions of life, in order to explain law in philosophical manner, the question about ontological base of this unity has to be asked. What is it that makes the relation between a norm and conditions of life "non-dispositive"? What is the basis for such an interpretation of a norm and case which makes it possible to bring a norm and conditions of life into mutual "conformity"? This is a question about a third thing (next to norms and conditions of life), with respect to which the relative identity between a norm and conditions of life occurs, about the intermediary between that which is normative and that which is factual and which provides for the process of establishing of norms, as well as, finding solutions. It is the "sense" in which the idea of law or legal norm and conditions of life have to be identical to be brought to mutual "conformity". In Kaufmann's opinion such a sense is nothing else but the "nature of things" which determines the normative qualification of the reality. Since establishment of this "sense" appears to be "non-dispositive" and controlled inter-subjectively (namely, other subjects will reach a similar result) so, in conformity with the convergent concept of truth, the "nature of things" must be assigned a certain ontological status. According to Kaufmann this is a real relation which occurs between being and obligation, between the conditions of life and normative quality. However, it should be underlined that from the point of view of the analyzed system the "nature of things" is a correlate of constructed sense, a result of a construction which is based on the principle of consistent understanding of senses ("non-normative" and "normative") and is not a reality which is transcendent against the arrangement of senses. In Kaufmann's theory, inference from analogy appears to be a process of reshaping the concepts (senses) governed by tendency to understand the contents appearing in relations between that which is factual and that which is normative in a consistent way. The analogical structure of language (concepts) and recognition of being as composed of an essence and existence is an indispensable requirement for the possibility of the realisation of law, based on specifically understood inference from analogy. It is necessary to assume a moment of existence without content which ensures unity of cognition. Existence emerges thus as a condition of the possibility of cognition. According to Kaufmann, the "nature of things" is the heart of inference through analogy and the basis for establishment of finding of law. Inference from the "state of things" to a norm or from a norm to the "state of things" always means inference through the "nature of things". The "nature of things" is the proper medium of objective legal sense sought in every cognition of law. In Kaufmann's view, the question whether the "nature of things" is ultima ratio of interpretation of law or is only a means of supplement gaps in law or whether it is one of the sources of law, is posed wrongly. The "nature of things" serves neither to supplement the gaps nor is it a source of law as, for example, a legal norm may be. It is a certain kind of "catalyst" necessary in every act of making law and solving a concrete case. Owing to "nature of things" it is possible to bring to a mutual conformity the idea of law and possible conditions of life or legal norms and concrete conditions of life. In Kaufmann's conception the "nature of things" is not yet the ultimate basis for understanding the "non-dispositiveness" of law. The relation between obligation and being is determined in the process of the realisation of law. Both the process itself and that which is transformed in this process are given. A question about the ontological bases of "material" contents undergoing "treatment" in the process of the realisation of law and about being which is the basis of regularity of the occurrence of the process arises. Only this will allow an explanation that the result of the process is not optional. Thus, a question about reality to which law refers and about the subject realising the law has to be formed. To this, Kaufmann gives the following answer: that which is missing is man but not "empirical man" but man as a "person". A "person" understood as a set of relations between man and other people and things. A "person" is the intermediary between those things which are different — norm and case are brought to conformity. A "person" is that which is given and permanent in the process of the realisation of law. It determines the content of law, is "subject" of law; this aspect is described by Kaufmann as the "what" of the process of realisation of law. A "person" consists of precisely just these relations which undergo "treatment" in the process. On the other hand, a "person" is "a place" in which the processes of realisation of law occur, it is the "how" of normative discourse, a "person" is that which determines the procedure of the process, being "outside" of it. This aspect of a "person" is connected with the formal moment of law. A "person" being, at the same time, the "how" and the "what" of the process of the realisation of law, is also, to put it differently, a structural unity of relation and that which constitutes this relation (unity of relatio and relata). According to this approach a "person" is neither an object nor a subject. It exists only "in between". It is not substance. Law is the relation between being and obligation. That which is obligatory is connected with that which is general. That which is general does not exist on its own, it is not completely real. Accordingly, a "person" as such is also not real. It is relational, dynamic and historical. A "person" is not a state but an event. In Kaufmann's opinion, such a concept of a "person" helps to avoid the difficulties connected with the fungibility of law in classical legal positivism. A "person" is that which is given, which is not at free disposal and secures the moment of "non-dispositiveness" of law. Kaufmann concludes: "The idea (»nature«) of law is either the idea of a personal man or is nothing". Theory points at the structure of realising law and explains the process of adoption of general legal norms for a concrete situation. The analysis has shown however, that in this theory a satisfactory answer to the question about the ultimate foundations of law is not given. It seems that in the analyzed theory the understanding of human being takes place through understanding of law. What is good for man as a "person", what is just, what a "person" deserves may be determined only against the existing system of law. A "per¬son" adopted as a basis of law is the reality postulated in the analysis of the process of the realisation of law. It is a condition of possibility of this process ( explaining, on one hand, its unity and, on the other hand, the non-dispositive moments stated in this process). A "person" in the discussed theory is entirely defined by the structure of law, it can be nothing more than that which is given in law, what law refers to, what law is about. Being, which is a "person", is constituted by relations between people and objects, the relations which are based on fundamental links between norms and conditions of life established in a process of bringing them to conformity. It has to be assumed that man as a "person" is a subject of law only as far as realising law "treats" given senses according to their current configuration. The system of law is a starting point and it describes in content what man is as a "person". Moreover, being a "person" is the condition for entering legal relations. Consistently, Kaufmann writes that "empirical man" is not the subject of law, man is not "out of nature" a "person". People become "persons" due to the fact that they acknowledge each other as "persons" — acknowledging, at the same time, law. This acknowledgement is a con¬dition of existence, of the possibility of the occurrence of process of realisation of law and of constituting legal relations which ultimately constitute a "person". Kaufmann assumes, that law tends towards a moral aim: it may and must create an external freedom, without which the internal freedom to fulfil moral obligations cannot develop. However, this postulate is not based on the necessary structure of human being. From the point of view of his system, it is nothing more than only a condition for the possibility of the occurrence of the process of the realisation of law — lack of freedom would destroy the "how" of this process. Thus, the postulate to protect the freedom of personal acts has to be interpreted, in accordance with the analyzed theory, as a postulate, the fulfilment of which aims ultimately at the accomplishment of the very same process of realisation of law itself and not the realisation of a given man. Kaufmann considers a "person" to be an element which unites the system of law as a whole. Law is a structure of relations, which are interdependent and inter-contingent. Consequently, a "person" which is to form the ontological basis of law has to be entity consisting of all relations. Being also the "how" of the process of realisation of law, if a "person" is to warrant its unity, it has to be a common source for all procedures. Hence, a single "person" would constitute a subject of law. Man appears to be only a moment of a certain entirety, realisation of which should be an aim of his actions. Law, creating a "person" as an object and subject of law becomes a primary entity. In the analyzed theory, the basis for determination of aims which law sets to man is not the allocation of man-subject to something which improves him but rather, such relation is only just constituted by law. A question appears, why should aims set in law also be the aims of "empirical man"? Why is this "empirical man" to be punished in the name of a "person" understood in such a way? If, however, it is assumed that what is man is determined by a system which is superior to him, then man has to be understood only as a part of a whole and there are no grounds to prohibit istrumental treatment of man and so the road to all aspects of totalitarianism might be opened. A problem of the application of created theory to the reality arises, the reality which the theory pretends to explain. Ultimately in his theory Kaufmann does not give any systemic grounds for a radical questioning of the validity of any legal norms. Every new norm becomes an equal part of system of norms. It is only its interpretation and application to given conditions of life that may be disputable, however, this refers to all norms without exception. Cohesive inter-pretation of norms and applications is necessary and sufficient for the acquisition of just law. New norms have to be interpreted in the light of others, correspondingly, the other norms require reinterpretation in the light of the new ones. Contradiction in interpretation of a norm does not form a basis for questioning norms but may serve only to question the manner of their interpretation (understanding). Therefore, no grounds exist to assume any legal norm as criminal or unjust, and in consequence, to question any consistently realised system based on formally, properly established norms, as "legal lawlessness". As law and a "person" do not exist without the process of realisation of law, the role of legal safety becomes crucial as the condition for the possibility of the occurrence of the process of realisation of law. Denying legal safety would be tantamount to negation of law in general (also of moral law) as negation of safety takes away, at the same time, the basis for occurrence of the process of realisation of law. Moreover, any lack of legal safety would also mean lack of a basis for the existence of man as a "person". Kaufmann's thesis, that civil disobedience is legalized only when it has a chance to lead to success, consistent with his concept of the foundations of law, seems to point directly to conclusions which deny the facts taken under consideration and doubtlessly Kaufmann's own intentions, since it would have to be assumed that accordingly there are no grounds to question a legal system in force based on violence which secures its operation. Force finally seems to determine which one of the mutually irreconcilable normative systems constitute law and which does not. A legitimate position is one which leads to success, it is the weaker system which is negated. If so, then basically violent imposition of law is not an act directed against the law in force but, to the contrary, realisation of law. In the context of the new system the former system of law may be talked about as unjust solely in the sense of being incapable of being consistently united with the new. However, at the base, ultimately, lies force which reaffirms differences and excludes from the process of realisation of law certain norms and their interpretations. Kaufmann was aiming at grounding of that which is "non-dispositive" in a certain given framework of interpretation. Nevertheless, he does not provide foundations for the understanding of phenomena, which he undertakes to explain at a point of departure. Instead of explaining them the theory negates the possibility of their existence. The reality postulated in regard to "non-dispositive" moments of the reconstructed process of acquiring law consist of a specifically understood "person", which appears in Kaufmann's conceptions as a condition of the possibility of the realisation of law. According to this approach understanding of a "person" may be only a function of law. To understand "legal lawlessness" and foundations of justice it is necessary to look for such theory of law in which understanding of man as a "person" and being is not a function of understanding of law (in which a "person" is not only a condition for possibility of reconstructed process of realisation of law; for possibility of cognition processes). It seems necessary to start from theory of being and a "person" based on broader experience than the one assumed by Kaufmann and reconstruct the ontological foundations of the process of realisation of law only in such perspective. Kaufmann points out that that to which law refers is ipsa res iusta a concrete relation of man to other people and things. This relation, in his theory, appears to be basically only just constituted by law (normative senses "applied" to conditions of life). Therefore, understanding the relation between a given man and other people and things which constitute the aim of his actions, that is understanding of good, is enacted against the background of constitution of senses; constitution which is a result of a process aiming towards consistent understanding of particular contents (of nor¬mative and non-normative senses). "Being" is secondary towards constructed senses it is only their correlate. The primary relation consists of relation of a man to law (system of norms), while the secondary relation is one of man to something which is the aim of his action (relation between man and good). Considering such approach it is difficult to envision a satisfying answer to the fundamental question: why does law put concrete man under any obligation to obey it? The source of this problem can be seen in reduction of the base for understanding good to content of obligation formulated in auto-reflection. Such reduction seems to be a consequence of Kaufmann's adoption of "convergent concept of truth" and in con¬sequence his recognition of indirect, essentialistic grasp of reality formulated in concepts as the basic and only foundation of theory of being and of law. In view of such an approach, analogy of law, concepts and being is the condition for the possibility of the process of transformation of senses which aims at consistent interpretation of all law. Existence is postulated with respect to the possibility of unity of experience and cognition. However, also a different approach to understanding of the problem of being and good is possible. In spontaneous cognition being is affirmed, first of all, not as a certain, non-contradictory, determined content, but as something existing. Together with a cer¬tain content (passed indirectly through notions) existence of being is co-given. The basis for unity of being is not formed by the consistence of content, as it is in the case of the theories departing from the analysis of cognition processes, but by an act of existence realising content (essence). Such an approach makes it also possible to go beyond the convergent concept of truth. It is worth mentioning that allocation of an agent to good is realised not only by the content of duty. A statement that something is good is primary with respect to determination of this good in content. The recognised good always bears some content, however, there are no reasons to base the concept of good exclusively on indirect, formulated in concepts cognition. As primary, can be adopted the relation of man to good and not of man to law. Determination in content appears to be only an articulation of aspectual cognition of being, as an object of action. In such a case the basis for relative unity of norm and conditions of life is not the "nature of things" understood as correlate of sense but it is relation to good based on internal constitution of man as potential, not self-sufficient being. It does not mean, that the moments of the process of realisation of law singled out by Kaufmann are not important to determination of what is just. He, quite rightly, points to significant role played by norms in the evaluation of concrete situations, in man's search for closer specification in content of good innate to him. The structure of process of determining law for a concrete situation, to a great degree corresponds to the processes of determining law which take place not only in the legal sciences. Kaufmann's analyses of the process of realisation of law show the complexity of the structure of these processes and point towards important moments allowing a better understanding of law and man. Nevertheless, these analyses cannot be a basis for construction of philosophical theory of law, theory which hopes to point out the ultimate, ontological foundations for understanding law. Kaufmann's results may become fully valid only in a more general perspective including broader experience at the point of departure. (shrink)

Background: Food-borne outbreaks have been associated with sourcing unsafe food. Therefore, the first preventative strategy should be to source safe food. Even if the sourced food is safe, measures need to be put in place to ensure that it remains safe during the transfer, storage, preparation and serving activities that follow. An understanding of the ship food supply and transfer chain will help to illustrate the points at which the food can become contaminated en route to the point of consumption. (...) Objectives: The study was conducted in selected sea port in the core Niger Delta to assessed the microbiological quality of food served at different ship galley to crew and passengers and compared it to standard. Methods: Samples of food were taken from three (Port Harcourt Area one (PHSP), Warri (WSP) and Koko (KSP)) seaports within the South-South zone for laboratory analysis to uncover food spoilage microorganisms capable of causing disease outbreak among ship which could result to Transborder diseases. Eleven samples of different ready to eat food were collected from the locations, which included cooked rice; fried fish, irish potato porridge, vegetable soup, griki, pepper soup, fried irish potato, salad and bread were collected randomly. The samples were prepared and analyzed using standard procedures. Mean viable counts of aerobic and anaerobic bacteria were determined, ranging from (13×103cfu/g to 78×104 cfu/g) for ready to eat food. Results: Based on the finding KSP I, KSP J and KSP K food samples had the highest bacterial contamination on food while WSP F, WSP G and WSP H food samples had the least with the following isolates Salmonella spp, Nocardia spp, Shigella spp, Listeria spp, Bacillus cereus, Leuconostoc spp, Acinetobacter spp, Acetobacter spp, campylobacter spp, Clostridium spp and Vibrio spp which revealed that the isolates were susceptible to any of these antibiotics Septrin, Chloramphenicol, Gentamycin, Tarvid, Streptomycin, Reflacin, Augumetin, Ceporex, Nalidixic acid, Ampicillin, Ciproflox, Penicillin and Erythromycin. Conclusion: Thus, ships operators and regulatory body are expected to take all practicable measures to ensure that they do not receive unsafe or unsuitable food and maintain adequate food temperature at all time. (shrink)

The "second-generation indigenization" hypothesis of Huntington's phenomenological observations on totalitarianism in Cold War regime collapse subtly portrayed the realpolitik interest groups' political influences with autocracy disbandment processes. The research puts democratization as the premise and globalization as purpose for the analysis, with the cultural anthropological psychopathology & criminological elements of genocide and crime against humanity explained, underlying some of the Communist Party of China (CPC)’s organizational behaviors. With the regionalism purposes & approaches to multilateralism by People's Republic of China (...) (PRC), the end of democratization is leveraged against the procedural means with power politics of declared “decmocracy”. Between quantitative autocratic controls and realpolitik local-regional interest groups, the connotation of democratization in liberal international globalization has either been used for militant purposes or pushed the landscape of regime collapse into realpolitik local groups and autocratic controls in the process of globalization, with a case study on a local branch of Argricultural Bank of China on supply-side hijacking by the State-owned Assets Supervision and Administration Commission of the State Council (SASAC). With the industrial interests omposed on realpolitik local groups, autocratic regionalism becomes of the "best interest scenario" for the realpolitik local groups with psychopathological spread of the criminological behaviors, by the cyber organizational criminal operations correlated with PRC’s approaches to international relations and multilateralism through bilateral trade & finance in monetary and currency domains, developed into the digitization of economies with criminological schemes in telecommunication, information, and informatics systems. However, the diminishing autonomy & freedom of the territorial population in turn derogated the real economy that wielded the prisoners' dilemma between autocracy and totalitarianism in a negative sum game deterioration cycle, with the censorship practices by the illicit regimes for propaganda controls sustaining "ideology security". In the democratization process of the dictatorial regime, "second-generation indigenization" is thus mapped to the sectarian interests respondent to dictatorial propaganda generation, other than a natural phenomenon out of autonomy and freedom premises in decision theory. The article recaps the coup d'état between Xi Jinping and Bo Xilai before Xi took the autocratic power, and analyzes the human rights situation in the obstacle of democratization and by the coercion mechanism imposed on the mainland China civil society for the militant purposes, with its behaviral spread of censorship to the “internet platforms” in liberal democratic countries by financial interest incentives and avoidance from war threats, whereby military backends in the cyber systems already indicate otherwise. (shrink)

This paper addresses the field of economic measurements of the value of assets, carried out by the methods of independent expert evaluation. The mathematical principles of application, within a comparative methodical approach, of additive and multiplicative models for correcting the cost of single indicator of compared objects have been considered. The differences of mathematical basis of the compared models were analyzed. It has been shown that the ambiguity in the methodology of correction procedure requires studying the advantages and disadvantages (...) of known models, as well as the justification and elaboration of recommendations for their application. Possible forms of correction representation using several alternative units of measurement have been defined; formulas for their interconnection have been built. Analytic expressions have been derived that mathematically describe the algorithms for performing the evaluation correction procedure using various forms of correction representation. The influence of the correction execution model on the characteristics of uncertainty in the independent evaluation result has been analyzed. The scope of two possible types of correction introduction models has been determined. A specific numerical example was used to demonstrate the methodological advantages of using a multiplicative model when summarizing percentage corrections. The independence of the correction result on the sequence of correction introduction has been confirmed. It is proposed to use the selected measure of partial corrections as a criterion for the adequacy of the correction introduction model. It is proved that the result of the independent expert evaluation depends on the chosen model and does not depend on the sequence of correction introduction. The reported study results are important in terms of theory and practice since they make it possible to improve the accuracy and reliability of the result of independent expert evaluation. (shrink)

Background Analysis of aphasic narratives can be a challenge for clinicians. Previous studies have mainly employed measures that categorized speech samples at the word level. They included quantification of the use and misuse of different word classes, presence and absence of narrative contents and errors, paraphasias, and perseverations, as well as morphological structures and errors within a narrative. In other words, a great amount of research has been conducted in the aphasiology literature focusing on micro-linguistic structures of oral narratives. (...) Aspects of macro- linguistic structures, such as the analysis of content information by a speaker, consistency of using cohesive devices to present information within a narrative, and order of presenting information necessary to form a coherent discourse, have not been extensively investigated. The current investigation proposes a clinical analytic system to target three aspects of macro-linguistic structures in narratives among speakers with aphasia. Specifically, (1) the presence of search events (i.e., the mentioning of key events that allow the listener to understand; Capilouto, Wright, &Wagovich, 2006) within a narrative, (2) the sequence of the mentioned events, and (3) the informativeness (i.e., the fulfillment of lexical items that allow the user to understand what the event is detailing) of the event contents, were focused in the proposed framework. Method Ten controls transcripts from were selected from the AphasiaBank (MacWhinney, Fromm, Forbes, & Holland, 2011). Three narrative tasks, including sequential picture description of ‘Refused Umbrella’, procedural narrative of making a ‘Peanut Butter and Jelly Sandwich’, and telling of ‘Cinderella’ story, were used to establish normative data for the basis of analysis. Specifically, the Search Events (e) and Informative Words (i) used by at least 70% of the speakers were listed for each genre. The sequential order of mentioning the Search Events, i.e., common order of events in 90% of the speakers, (s.total) was determined. Twelve speakers with aphasia (nine fluent and three non-fluent) were recruited and administered the Western Aphasia Battery and Object and Action Naming Battery. Their performance in the above three discourse tasks were orthographically transcribed and analyzed using the following measures: e.total, e.matched with norm, e.missed, e.irrlevant, e.extra, s.total, i.pb&j, i.umbr, i.cind, and i.total. Three samples were randomly chosen to be re-analyzed for inter- and intra-rater reliability. Results Results of an independent t-test suggested significant differences between the fluent and non-fluent subjects in sequential order of Search Events for all genres (s.total) and i.total, suggesting sensitivity of this framework to differentiate between the two fluency groups. Results of Pearson product-moment correlations revealed significant relation between Informative Words and WAB spontaneous speech scores, AQ, as well as OAB scores, for both aphasic groups. The mean value of coefficients for intra-rater reliability (0.992), with significant correlations on e.match, e.miss, and e.extra, was higher than that of inter-rater reliability (0.897). Discussion Based on our preliminary results, this objective framework allowed clinical evaluation of impairment in macro-linguistic structures present in aphasic discourse. Further extension should involve more subjects encompassing a wider range of severity with different types of aphasia. (shrink)

Originally applied on domestic and lab animals, assisted reproduction technologies (ARTs) have also found application in conservation breeding programs, where they can make the genetic management of populations more efficient, and increase the number of individuals per generation. However, their application in wildlife conservation opens up new ethical scenarios that have not yet been fully explored. This study presents a frame for the ethical analysis of the application of ART procedures in conservation based on the Ethical Matrix (EM), and (...) discusses a specific case study—ovum pick-up (OPU) procedures performed in the current conservation efforts for the northern white rhinoceros (Ceratotherium simum cottoni)—providing a template for the assessment of ART procedures in projects involving other endangered species. (shrink)

SUMMARY The research focuses on the three main political parties in Albania, namely Socialist Party, Democratic Party and Socialist Movement for Integration. Its objectives are to measure the Intra-Party Democracy(IPD) in the Albanian political parties and to explore the meaning that party members attach to it. The IPD is understood and broken down into categories and sub-categories so that parties in particular and all interested actors in the field of political parties and democracy could understand, which component of IPD (...) parties are performing better and where they are performing worse. IPD is measured against two dimensions: inclusiveness and decentralization. Inclusiveness denotes the extent to which party members have the right to express their opinions and participate in the decision-making process. With decentralization is understood the process which makes possible the decentralization of the decision-making process from the highest national party level to party sub-national levels and party members. In a decentralized party, subnational party units enjoy a certain level of autonomy from the party in the center. The analysis is based on both primary and secondary data. Content analysis of party statutes particularly focuses on measuring IPD, while focus groups with party members and interviews with high-ranking officials of the political parties are used to explore the meaning that party members have on IPD, as well as validate content analysis findings. The main findings are: -/- Content Analysis of Party Statutes: Parties do have rules that govern their internal life, however these rules need to be improved in order to strengthen IPD. Especially problematic were the provisions for the role of the executive committee and party president, which provide these two institutions, especially the leader of the party with powers that don’t hold him/her accountable to the party members and middle level organs. Furthermore, members were not sufficiently involved in the procedures of candidate nominations for MPs, in the election of the national Executive and Executive Committee and in the election of the Party President. The analysis also finds that voting procedures are not sufficiently at place to allow members express their will and participate in the decision-making process and that members are not or little consulted in terms of programmatic issues. The analysis of the relationship between the national and subnational levels of party organization revealed that the center of the party has accumulated power to the detriment of the subnational units which enjoy little autonomy in the decision-making process. -/- Focus Groups and Interviews: The study finds that party members linked system-level democracy with IPD and that they have a very clear understanding if IPD: what it is and how it could be achieved. They linked IPD with the structure and organization of the party, seeing it as an important instrument that allows for decentralization of power and integration of rank and file into the decision-making process. The party members considered the statute as an important educational political tool and invoked it whenever disputes rose or decisions had to be taken. They linked IPD with the electoral system and considered that closed list proportional was a system that strengthened the power in the hands of the few at the party top executive level and weakened IPD. (shrink)

This article is devoted to describing results of conceptualization of the idea of mind at the stage of maturity. Delineated the acquisition by the energy system (mind) of stable morphological characteristics, which associated with such a pivotal formation as the discourse. A qualitative structural and ontological sign of the system transition to this stage is the transformation of the verbal morphology of the mind into a discursive one. The analysis of the poststructuralist understanding of discourse in the context of (...) the dispersion of meanings (Foucault) made it possible to formulate a notion of it as a meaning that is constituted by the relation between the discursive practice and the worldview, regarded as a meta-discourse or a global discursive formation. In consequence of this relationship, a discrete and simultaneous scattering of meanings arises, the procedural side of which is a concrete discourse, and its productive aspect is linked with the creation of a local discursive formation. Based on this view it is proposed a logical formula of discourse, which takes into account the entropy of the language and the entropy of the worldview, as a particular manifestation of the mind entropy. Using this formula and considering the reactive nature of discourse, it was developed a classification, which included such types of discourses as reactive, suggestive, synthetic and creative. In turn, the proposed types of discourses are correlated with the specific characteristics of certain activities, as a psychological category. Also, it was considered the translation of the structure of discourse dissipation from the cognitive plan into the affective sphere because of which it is formed a hierarchy of significances, which performs the sense-forming function. It was analyzed the inverse influence of the hierarchy of significances on the structure of meanings dispersion and for respective account it was introduced a conditional coefficient of the value deviation of the significance of the meanings. This parameter reflects the sense correction of the meaning that occurs in the process of the emergence of discourse from discursive practice. Thus, the discourse is presented as a complex dynamic formation of the mind arising at the maturity stage of the system as a result of the combined effect of entropic dispersion of meanings and the value deviation of their significances. (shrink)

I argue that epistemic failings are a significant and underappreciated moral hazard in the financial services industry. I argue further that an analysis of these epistemic failings and their means of redress is best developed by identifying policies and procedures that are likely to facilitate good judgment. These policies and procedures are “best epistemic practices.” I explain how best epistemic practices support good reasoning, thereby facilitating accurate judgments about risk and reward. Failures to promote and adhere to best epistemic (...) practices contributed to the 2008 financial crisis. I identify and discuss some of the ways in which best epistemic practices were violated in the events that led to the crisis, with a focus on the role of the credit rating agencies. I go on to discuss some of the ways in which these failings have been redressed. I conclude by observing how proactive regulation for best epistemic practices might help us to anticipate and avoid future crises. (shrink)

In this paper, the notion of degree of inconsistency is introduced as a tool to evaluate the sensitivity of the Full Bayesian Significance Test (FBST) value of evidence with respect to changes in the prior or reference density. For that, both the definition of the FBST, a possibilistic approach to hypothesis testing based on Bayesian probability procedures, and the use of bilattice structures, as introduced by Ginsberg and Fitting, in paraconsistent logics, are reviewed. The computational and theoretical advantages of using (...) the proposed degree of inconsistency based sensitivity evaluation as an alternative to traditional statistical power analysis is also discussed. (shrink)

Despite the recent advances in information and communication technology that have increased our ability to store and circulate information, the task remains of ensuring that the right sorts of information reach the right sorts of people. In what follows we defend the thesis that efforts to develop efficient means for sharing information across healthcare systems and organizations would benefit from a careful analysis of human action in healthcare organizations, and that the communication of healthcare information and knowledge needs to (...) rest on a sound ontology of social interaction. We illustrate this thesis in relation to the HL7 RIM, which is one centrally important tool for communication in the healthcare domain. (shrink)

Having an agreed-upon definition of character education would be useful for both researchers and practitioners in the field. However, even experts in character education disagree on how they would define it. We attempted to achieve greater conceptual clarity on this issue through a prototype analysis in which the features perceived as most central to character education were identified. In Study 1 (N = 77), we asked character education experts to enumerate features of character education. Based on these lists, we (...) identified 30 features. In Study 2 (N = 101), experts assessed which features were central to character education through a categorization task. In Study 3 (N = 166), we assessed the extent of centrality using scalar items. We conclude by offering practical advice for the development of future character education studies and programs rooted in what is deemed central to such programs. (shrink)

Meaning without Analyticity draws upon the author’s essays and articles, over a period of 20 years, focused on language, logic and meaning. The book explores the prospect of a non-behavioristic theory of cognitive meaning which rejects the analytic-synthetic distinction, Quinean behaviorism, and the logical and social-intellectual excesses of extreme holism. Cast in clear, perspicuous language and oriented to scientific discussions, this book takes up the challenges of philosophical communication and evaluation implicit in the recent revival of the (...) pragmatist tradition—especially those arising from its relation to prior American analytic thought. This volume continues the work of Callaway’s 1993 book, Context for Meaning and Analysis, building on the “turn toward pragmatism.” . (shrink)

Many Public Administrations structure their services around the notion of users’ need. However, there is a gap between private, subjectively perceived needs (self-attributed) and needs that are attributed by PA to citizens (heteroattributed). Because of the gap, citizens’ needs are often only partially satisfied by PAs services. This gap is in part due to the fact that the meaning of the word “need” is ambiguous and full of antinomic nuances. The purpose of this paper is to formulate a definition (...) of “need” suitable for citizens’ needs management with respect to PA’s services offering, and to provide an accurate ontological analysis of the notion of “need” and the network of concepts that relate to it. (shrink)

In an effort to produce new and more sustainable technologies, designers have turned to nature in search of inspiration and innovation. Biomimetic design (from the Greek bios, life, mimesis, imitation) is the conscious imitation of biological models to solve today's technical and ecological challenges. Nowadays numerous different approaches exist that take inspiration from nature as a model for design, such as biomimicry, biomimetics, bionics, permaculture, ecological engineering, etc. This variety of practices comes in turn with a wide range of different (...) promises, including sustainability, increased resilience, multi-functionality, and a lower degree of risk. How are we to make sense of this heterogeneous amalgam of existing practices and technologies, and of the numerous promises attached to them? We suggest that a typology of biomimetic approaches would provide a useful hermeneutic framework to understand the different tensions that pull this variegated landscape in different directions. This is achieved through a critical analysis of the literature in different fields of biomimetic design and the philosophy of biomimicry, in order to derive conceptual and normative assumptions concerning the meaning and value of the imitation of nature. These two dimensions are then intersected to derive an analytical grid composed of six different biomimetic types, which enable the classification of existing and possible biomimetic approaches, practices, and technologies according to their specific conceptual assumptions and guiding norms. (shrink)

This paper describes a method for the analysis of the evolutionary path of a complex, dynamic, and contingent social phenomenon in an empirical setting. Given empirical evidence of a surprising or anomalous fact, which contradicts the prediction of the wide-acknowledged theory, the goal is to formulate a plausible explanation based on the context of occurrence, taking a holistic and historical point of view. The procedure begins by translating theoretical propositions into grammar rules to describe patterns of either individual (...) action or interaction that may occur within the hypothesized social system. The result is a category of social process in which the objects are types of decision-making events carried by a stable community of actors over time, and the relationships between them are state transitions revealed in the sequences of event outcomes. Therefore, structural comparison between pairs of representative instances result in an extension of the category of social processes, relying on the configurations of contextual conditions that enable the occurrence of the new event outcome in specific empirical settings. (shrink)

Despite the popularity that the embodied cognition thesis has gained in recent years, explicit memories of events personally experienced are still conceived as disembodied mental representations. It seems that we can consciously remember our personal past through sensory imagery, through concepts, propositions and language, but not through the body. In this article, I defend the idea that the body constitutes a genuine means of representing past personal experiences. For this purpose, I focus on the analysis of bodily movements associated (...) with the retrieval of a personal memory, which have certain features that make them different from procedural memories, pragmatic actions and common gestures, as well as other forms of embodied memories found in recent literature. I refer to these as “kinetic memories” and analyse their representative nature as well as their adaptive functions. Kinetic memories are bodily movements in which some event or action that took place in the past can be seen, because they are an externalisation of the subject’s inner intention of representing a past personal experience. Kinetic memories represent a past experience sometimes by imitation of a past movement, and other times through embodied symbols and metaphors. Furthermore, although sometimes they present direct pragmatic benefits, such as communicative benefits, they seem to enhance the whole reexperience of the past event and memory recall, which I argue is one important adaptive value. (shrink)

The contribution deals with knowledge of what to do, and how, where, when and why to do it, as it is found in a multitude of plans, rules, procedures, maxims, and other instructions. It is argued that while this knowledge is conceptual and propositional, it is still irreducible to theoretical knowledge of what is the case and why it is the case. It is knowledge of goals, of ends and means, rather than of facts. It is knowledge-to that is irreducibly (...) practical in having world to mind direction of fit and the essential function of guiding as yet uncompleted action. While practical knowledge is fundamentally different from theoretical knowledge in terms of mind-world relations, the practical and theoretical domains are still parallel in terms of justificatory and inferential relations, they are like mirror images of one another. It is shown that if this view of practical knowledge is accepted, convincing Gettier cases for practical knowledge can be constructed. An extensive analysis of these cases demonstrates the usefulness of the notions of practical deduction, abduction, and induction. (shrink)

The study aimed to identify the role of administrative procedures and systems in enhancing the performance of the educational institutions in the Islamic University in Gaza. To achieve the research objectives, the researchers used the analytical descriptive approach to collect information. The researchers used the questionnaire distributed to three categories of employees at the Islamic University (senior management, faculty members, their assistants and members of the administrative board). A random sample of 314 employees was selected and 276 questionnaires were retrieved (...) with a recovery rate of 88.1%. The Statistical Analysis Program (SPSS) was used to enter process and analyze data. The results of the research showed a positive role for the administrative procedures and systems in enhancing the performance of the Islamic University from the point of view of the members (senior management, teaching staff and their assistants and the administrative body), where the relative weight of all the paragraphs (73.728%). The analysis of the results revealed that the administrative procedures at the Islamic University in Gaza are used to an acceptable degree. The relative weight of all the paragraphs is 70%. This indicates a relationship between administrative procedures and regulations and the performance of the Islamic University in the Gaza Strip. The study found that there was a good degree of approval from the sample regarding the administrative procedures and their relationship to the job performance. There exist a sufficient degree of powers to the deans and department managers to carry out their tasks, with the use of plans as control tools. And that there are rules and procedures provided for decision-making in the University Council. It also has full powers to manage the university to improve the teaching and learning environment. The researchers also recommended a number of recommendations, including the need to follow up on the procedures and systems of management and update them continuously in the light of changes that may occur and to ensure the existence of a strong system of electronic information systems within the university. There is a need to provide mechanisms for obtaining information about the surrounding external environment, and effective mechanisms to provide managers with the necessary information in a timely manner. The importance of providing channels of communication that enables staff to communicate information about any violations and breaches. The study also recommended the follow-up, review, procedures and administrative systems, and work to modify them in line with the mission of the university and the objectives that the university seeks to reach. (shrink)

In this dissertation, I aim to develop and defend a novel, pragmatist approach to foundational questions about meaning, especially the meaning of deontic moral vocabulary. Drawing from expressivists and inferentialists, I argue that meaning is best explained by the various kinds of norms that govern the use of a vocabulary. Along with inferential norms, I argue we must extend our account to discursive norms that govern normative statuses required to felicitously utter certain speech-acts—norms of authority—and the transitions (...) in normative statuses affected by speech-acts—pragmatic norms. These structural discursive norms differentiate discursive practices and account for distinctive features such as objectivity and motivational import that some have and others lack. The structure exhibited by a practice is then explained in terms of its utility, making it possible to see how different discursive practices are answerable to the different needs and purposes of the discursive beings who use them. I call the resulting explanatory framework a pragmatic analysis of linguistic meaning (PALM). -/- Turning my attention to moral “ought,” I argue that the structural discursive norms of moral discourse differentiate it from other objective discourses, like empirical discourse, on the one hand, and from other normative discourses, like prudential discourse, on the other. Drawing on work in evolutionary psychology and anthropology, I complete the PALM with an account of moral discourse a meta-normative practice with a metacoordinative function. Its utility for the discursive beings who use it lies in its enabling them to remedy certain tensions and instabilities that arise in their other coordinative, normative practices in a way that minimizes the risk of domination by alpha-type freeriders, the fracturing of social groups, and individual defection from cooperative endeavors. -/- In the final two chapters, I leverage the account to defend a pragmatist-friendly notion of objectivity in terms of a structure of distributed epistemic authority according to which no claim within a practice is ultimately authoritative or immune from challenge and to reconcile this sense of objectivity with a persistent pressure toward a kind of relativism that restricts the standing to make moral claims to members of the relevant communities. (shrink)

In this paper I offer a defence of a Russellian analysis of the referential uses of incomplete (mis)descriptions, in a contextual setting. With regard to the debate between a unificationist and an ambiguity approach to the formal treatment of definite descriptions (introduction), I will support the former against the latter. In 1. I explain what I mean by "essentially" incomplete descriptions: incomplete descriptions are context dependent descriptions. In 2. I examine one of the best versions of the unificationist “explicit” (...) approach given by Buchanan and Ostertag. I then show that this proposal seems unable to treat the normal uses of misdescriptions. I then accept the challenge of treating misdescriptions as a key to solving the problem of context dependent descriptions. In 3. I briefly discuss Michael Devitt’s and Joseph Almog’s treatments of referential descriptions, showing that they find it difficult to explain misdescriptions. In 4. I suggest an alternative approach to DD as contextuals, under a normative epistemic stance. Definite descriptions express (i) what a speaker should have in mind in using certain words in a certain context and (ii) what a normal speaker is justified in saying in a context, given a common basic knowledge of the lexicon. In 5. I define a procedure running on contextual parameters (partiality, perspective and approximation) as a means of representing the role of pragmatics as a filter for semantic interpretation. In 6. I defend my procedural approach against possible objections concerning the problem of the boundaries between semantics and pragmatics, relying on the distinction between semantics and theory of meaning. (shrink)

"Procedural Justice" offers a theory of procedural fairness for civil dispute resolution. The core idea behind the theory is the procedural legitimacy thesis: participation rights are essential for the legitimacy of adjudicatory procedures. The theory yields two principles of procedural justice: the accuracy principle and the participation principle. The two principles require a system of procedure to aim at accuracy and to afford reasonable rights of participation qualified by a practicability constraint. The Article begins in Part I, Introduction, with (...) two observations. First, the function of procedure is to particularize general substantive norms so that they can guide action. Second, the hard problem of procedural justice corresponds to the following question: How can we regard ourselves as obligated by legitimate authority to comply with a judgment that we believe (or even know) to be in error with respect to the substantive merits? The theory of procedural justice is developed in several stages, beginning with some preliminary questions and problems. The first question - what is procedure? - is the most difficult and requires an extensive answer: Part II, Substance and Procedure, defines the subject of the inquiry by offering a new theory of the distinction between substance and procedure that acknowledges the entanglement of the action-guiding roles of substantive and procedural rules while preserving the distinction between two ideal types of rules. The key to the development of this account of the nature of procedure is a thought experiment, in which we imagine a world with the maximum possible acoustic separation between substance and procedure. Part III, The Foundations of Procedural Justice, lays out the premises of general jurisprudence that ground the theory and answers a series of objections to the notion that the search for a theory of procedural justice is a worthwhile enterprise. Sections II and III set the stage for the more difficult work of constructing a theory of procedural legitimacy. Part IV, Views of Procedural Justice, investigates the theories of procedural fairness found explicitly or implicitly in case law and commentary. After a preliminary inquiry that distinguishes procedural justice from other forms of justice, Part IV focuses on three models or theories. The first, the accuracy model, assumes that the aim of civil dispute resolution is correct application of the law to the facts. The second, the balancing model, assumes that the aim of civil procedure is to strike a fair balance between the costs and benefits of adjudication. The third, the participation model, assumes that the very idea of a correct outcome must be understood as a function of process that guarantees fair and equal participation. Part IV demonstrates that none of these models provides the basis for a fully adequate theory of procedural justice. In Part V, The Value of Participation, the lessons learned from analysis and critique of the three models are then applied to the question whether a right of participation can be justified for reasons that are not reducible to either its effect on the accuracy or its effect on the cost of adjudication. The most important result of Part V is the Participatory Legitimacy Thesis: it is (usually) a condition for the fairness of a procedure that those who are to be finally bound shall have a reasonable opportunity to participate in the proceedings. The central normative thrust of Procedural Justice is developed in Part VI, Principles of Procedural Justice. The first principle, the Participation Principle, stipulates a minimum (and minimal) right of participation, in the form of notice and an opportunity to be heard, that must be satisfied (if feasible) in order for a procedure to be considered fair. The second principle, the Accuracy Principle, specifies the achievement of legally correct outcomes as the criterion for measuring procedural fairness, subject to four provisos, each of which sets out circumstances under which a departure from the goal of accuracy is justified by procedural fairness itself. In Part VII, The Problem of Aggregation, the Participation Principle and the Accuracy Principle are applied to the central problem of contemporary civil procedure - the aggregation of claims in mass litigation. Part VIII offers some concluding observations about the point and significance of Procedural Justice. (shrink)

The aim of the article is to defi ne a certain type of argumentation, which has been scarcely described so far in either Polish or foreign literature in the fi eld of argumentation theory, and thus to systematize the problems of research on semantic procedures in argumentation. The analysis of the ways in which a modifi cation of meaning can affect the power of arguments inclines to distinguish a new type of argumentation - semantic argumentation. The concepts of (...) persuasive defi nition and classifi cation as well as methods of their application in the formulation of an argument will also be analyzed. The defi nition of semantic argumentation proposed here may give rise to some problems, typical when introducing a new concept, which is why the second part of the article is devoted to the issues related to the proposed shape of the defi nition. The defi nition is necessary for further research on semantic argumentation, its typology and for the assessment of its correctness. (shrink)

The chapter outlines an abstract theoretical framework that is currently (re-)emerging in the course of a theoretical convergence of several disciplines. In the first section, the fundamental problem of perception theory is formulated, namely, the generation, by the perceptual system, of meaningful categories from physicogeometric energy patterns. In the second section, it deals with basic intuitions and assumptions underlying what can be regarded as the current Standard Model of Perceptual Psychology and points out why this model is profoundly inadequate for (...) dealing with the fundamental problem of perception theory. In the third section, it discusses a level of analysis that promises to be fruitful for dealing, in conformity with established procedures of the natural sciences, with the problem of perceptual “meaning” and the problem of what constitutes a “perceptual object.” In the fourth section, it outlines a theoretical perspective on basic principles of the perceptual system which centers on the notions of complex data types and conceptual forms, and draws an entirely different theoretical picture of the role of the sensory input than traditional accounts. The final section focusses on the issue of material qualities and discusses, within the general theoretical framework outlined, some observations and results on the perception of certain material properties, namely, lustrous and glassy appearances. (shrink)

Despite centuries of colonization in the Philippines, the traditional Filipino healing system has survived. However, as modern education has continued to spread and Western medicine has grown in influence, traditional healing practices have been pushed to the margins and labeled as unscientific or mere superstition. This also suggests that unrecorded information may be lost forever. For future generations to appreciate this rich cultural heritage, cultural mapping of traditional healers in a local community is necessary. Thus, the researcher explored, identified, documented, (...) and analyzed the cultural profile of the traditional healers in a local community. Specifically, he studied the (1) background information, (2) description of the intangible cultural heritage, (3) stories/narratives associated with traditional healing, (4) significance of the practice, (5) assessment of the practice, and (6) references/supporting documentation of the traditional healers. The study was conducted in one of the local communities in the province of Quezon. The research participants were selected using inclusion criteria, and 11 traditional healers served as the key informants of the study. This study also employed qualitative research through cultural mapping, and pertinent data were obtained using participant observation, documentation, and interview guides. Qualitative content analysis was used in analyzing the gathered data. The findings revealed that the traditional healers have diverse background information, reflected in the element types, the geographical location and range of the element, and the related domains of the intangible cultural heritage. Likewise, the description of the intangible cultural heritage gave a wide array of descriptions of the history of practice, occasion/season, processes, and procedures involved, beliefs associated, settings, aims, social functions, and cultural meaning, culture bearer/s and practitioner/s of the element, mode of transmission, list of significant tangible movable heritage used associated with the element and list of significant flora/fauna used associated with the element. Meanwhile, spiritual guides and supernatural claims, healing severe cases, and being accused of malpractice or maltreatment were some of the stories/narratives associated with the element. In addition, traditional healing has historical, aesthetic, scientific, social, socio-economic, socio-political, and spiritual significance. Moreover, the assessment of practice exposed the condition/status of traditional healing, which is in danger because of the elderliness of the traditional healers and because no one is accepting the knowledge and practices. Furthermore, the constraint, threat, issue, or challenge experienced by the traditional healers is making false accusations against them. Nevertheless, traditional healers have identified several safeguarding measures in their traditional healing practice. These are transmission through informal education, identification, documentation, research, promotion, enhancement, and revitalization. Finally, sacred texts, books, pictures, prayers, and saints are the references or supporting documentation used in traditional healing. Based on the findings and conclusions, it is recommended to utilize the two research outputs: “Kaalaman at Kasanayan: Cultural Profile of Traditional Healers,” a booklet, and “Tanging Healing,” a documentary film about traditional healing for the preservation of local heritage, community development, and heritage education. (shrink)

The article proposes systematisation and development of the discourse of the East European methodological traditions regarding application of the systematic approach as a way of subject localisation in psychological research. In particular, the author’s version of systematic localisation of psychological research subjects by means of structural and ontological visualisations has been developed. The procedure proposed for systematic localisation of the researched subject includes four subsequent stages: 1) fixation of the borders and structure of the ontological field which is being (...) studied; 2) segment analysis of the obtained structure; 3) study of specifics and contents of structural and functional ties; 4) visual mapping of genesis of the core processes. The article describes specifics of application of systematic localisation of the subject of research at the example of such researched object as personal socialisation. (shrink)

PHILOSOPHY OF HUMAN RIGHTS: HUMAN RIGHTS IN LIGHT OF THEIR INTERNATIONAL PROTECTION Summary The book consists of two main parts: in the first, on the basis of an analysis of international law, elements of the contemporary conception of human rights and its positive legal protection are identified; in the second - in light of the first part -a philosophical theory of law based on the tradition leading from Plato, Aristotle, and St. Thomas Aquinas is constructed. The conclusion contains an (...) application of the results of the analysis conducted in the second part. The first part comprises four chapters. The first aims at revealing characteristics of human rights on the basis of an analysis of historical conditioning of the inter-national law of human rights and its development. The historical context displays the practical, vindicative, and critical character of the positive legal protection of human rights. Moreover, the process of change of positive human rights law is distinguished from the process of change of human rights as such. In the second chapter the content of human rights - a topic which is only auxiliary to the conducted analysis - is discussed. Basic typology and catalogues of rights proclaimed in the Universal Declaration of Human Rights and protected in the International Covenants of Human Rights are presented. The review of the content of rights aims at a more precise limitation of the field of research. The examination shows a diversity of rights which poses a serious challenge to the coherence of every philosophical theory of human rights. In the third chapter, central in the first part, international law is analyzed with regard to the characteristics of rights and the foundations of them. The analysis of documents shows a number of solutions referring to the anthropological foundations of rights. The inherent dignity of the human person is the source of all human rights. Each human being is recognized as free, and endowed with both reason and conscience. In the propounded conception of man individuals are not rivals but create a community which is a condition for their development. International law characterizes the rights as universal, inherent, inalienable and inviolable. The reconstructed conception also comprises the following basic elements: on the level of the structure of rights, a recognition of their equality, interdependence, and comprehensiveness; in the grounding of these rights, a recognition of the anthropological foundations of law; in the conception of positive law, a recognition of the secondariness of the positive law of human rights to human rights themselves, and a recognition of human rights and justice as the basis for legal order; in the conception of state, a recognition of the well-being of the individual as the fundamental aim of actions undertaken by political institutions, and recogni¬tion of rights which form an impassable boundary to the power of the state, includ¬ing its legislative actions. The characterization of the international legal paradigm serving for the under¬standing of human rights is supplemented by analyses of the structure of their posi¬tive legal protection. Various meanings of the terms "right" and "freedom" are distinguished. Subjective right, as basic structure of the positive legal protection of human rights, is understood as a complex relation formed by various legal situations of the subject of a right which create a functional whole in respect of the subordi-nation of human person to its good. Subordinating person to a good proper for it, expressed usually in a proclamatory norm, is the central element of particular rights around which further elements aiming at the realization of this good are built. In the second part of the book a philosophical theory is developed which allows for the location of a coherent foundation for the presented characterization of human rights and their positive legal protection. This part consists of two chapters. The first includes a review of some - not entirely satisfactory - means of founding of human rights; the second presents philosophical conceptions of law and man which may form a basis for the constructed theory. The review of arguments contained in the first chapter does not aim at a detailed analysis of various specific ways of argumentation encountered in works on this subject but rather at a concise presentation of the main possible lines of argumentation. These analyses also serve to emphasize the positive solutions which are pro¬posed later and to underscore the explanatory power of the elaborated theory. This theory, retaining accurate intuitions contained in the presented types of argumenta¬tion, helps in avoiding their consequences which are difficult to reconcile with the reconstructed paradigm of human rights. Efforts to base human rights on the norms of international law rightly take into account the necessity of determining the content of the rights and their positive legal protection as a means for the realization of man's good. These attempts, how¬ever, do not properly take into account the inherent character of human rights, which are independent of positive law and provide grounds for applying specific legislative measures and not others. Founding human rights on freedom accurately points at the freedom of an indi¬vidual as a constitutive element of some rights; however, absolutization of freedom leads, to a loss of an important element of the contemporary paradigm of under¬standing human rights. This foundation undermines recognition of the fact that human rights may set limits to both the freedom of others and the freedom of the subject of rights itself. Additionally, attempts at the so-called axiological justification of human rights are discussed. This type of justification has a few variants depending on the as¬sumed conception of value. Subjectivistic conceptions have similar advantages and disadvantages to the conceptions basing human rights on freedom; objectivistic conceptions while providing for the universality of human rights place, the fundamental aim of human rights protection beyond the individual human being - in the idealistically existing world of values; finally, conceptions rooting values and human rights in culture, while accurately noting that human rights are learned through the medium of culture, place the source of human rights beyond a concrete individual - in culture and processes which take place in it - which leads to difficulties in finding a basis for the universality of rights. Furthermore, attempts to ground human rights in specific characteristics of the human being are presented. This type of approach points to an important problem of dependence of the content of rights on what man is. However, recognition of specific characteristics of a human being as an ontic foundation of the existence of rights poses a danger to their universality since one has to accept that it is not enough to be a man to be a subject of rights, but a man possessing specific charac¬teristics. The second chapter aims at outlining solutions worked out by Saint Thomas Aquinas. For a fuller understanding of his propositions selected elements of Plato's and Aristotle's philosophy are presented. It was them who formulated the founda¬tions for reflection on law and justice in the ontological context. A qualification is made that Stoicism is not be analysed in depth. Although Thomas' concept of law was undoubtedly developed under the influence of the Stoic doctrine as well, it is not in this that one should look for the tools to understand the ontic foundations of human rights and law in general since the Stoic moral philosophy and philosophy of law were developed in the context of a theory of being which assumed monistic and pantheistic premises as foundations, leading to the recognition of a total subor¬dination of the human individual to a larger unity of which man is only a part. The analysis of Plato's and Aristotle's texts concentrates on problems of justice. Plato seems to be the first philosopher who reflected on the formula basic in the history of European thought: to render to each his due. It appears that justice as both a characteristic of man and his acts is understood in the perspective of that which is just, that which is a good for another man - the recipient of the act. The basis for determining what is just is the relation of correspondence between some¬one and something. While in the case of Plato this relation is based on something beyond its terms, namely on ideas, in the case of Aristotle the relation occurs on account of the elements of the relation itself. Something is just when it contributes to the develop¬ment of the recipient of an act realizing that which is just. At the same time, the realization of that which is just is a good for the agent. In the analysis of the just two types of relation are revealed: the relation of due-to-recipient occurring on account of the compatibility of that which is due, with the recipient of the act; and - a "superstructure" - a relation of obligation-of-subject occurring on account of the compatibility of the acting subject with the thing which should be done. The basis for being that which is due is formed by various potentialities of development of man - the recipient of agency; the basis of being that which is an obligation is the possibility of development of the subject of action. Aristotle distinguishes various types of freedom and points to the necessity of taking them into account in the discussion of justice. Among other things, as the core of man's freedom, he considers life for its own sake, which can be seen as his expression of the basic indices of the autotelic character of man - which is funda¬mental for later conceptions of dignity. The freedom which is described by him is not, however, inherent and inalienable; being free is conditioned by a factual possi¬bility of undertaking actions, which are not solely means to the realization of aims set by others. Thomas Aquinas takes over the Aristotelian research perspective both in his conception of man and of law. At the same time, however, he significantly enriches it. In anthropology he develops a conception of personal being. Drawing upon his distinction between existence ("that something is") and essence ("what something is"), he sees the basis for being a person in the dignity of personal being which is a certain way of existence of a rational being more perfect than that of non-personal beings. The person is a being which, by virtue of its act of existence, is individual¬ized in a specific way. It is an aim in itself. Expressing it in a negative way, one may say that it does not exist as a means for the realization of the aims of others and, in this sense, that it is free. As distinct from Aristotelian conclusions, being a person is not conditioned by the specific actions of a being. Dignity is inherent, based on that which is the foundation of the factual existence of every rational being. Although freedom requires that a being is rational, dignity still encompasses all being, all its properties and potentialities. Thus an act conforming with dignity has to take into account a whole human being. Among different types of that which is just, ius, the first place, from the point of view of understanding law, falls to "the just thing itself ("ipsa res justa"), which is right in the full meaning of the word. On the one hand, it is that which is due; on the other hand, it determines the way of acting in the utmost degree, since the course of every act is determined in the fullest extent by its aim. The content of ius may be determined both by elements independent of free decisions - ius naturale - and by free decisions taking into account the state of things - ius positivum. Recognition of the objective structure of being as the basis of law does not entail that it is possible or desirable to determine unequivocally "the only right" patterns of conduct. This concept is very well justified within the system proposed by Saint Thomas. Individualization of being is a significant element of the develop¬ment of a person as a person. It is attained by the realization of individual aims which are not unequivocally determined by circumstances and the nature common to all people. By virtue of free choices made in the sphere of that which is not by its nature unjust, the object of action becomes ius. Since in the realization of the person the individualization of human being is central, Aquinas clearly sees the need for the protection of the sphere of "dominion of will". This sphere itself constitutes ius naturale, something which is due to man independently of the acts of will. Therefore "law should forbid nothing which is not unjust" ("nihil debet lege prohiberi quod licite fieri potest", In 3 Sent., dist. 40, q. I, a. 1, 3). Besides the relation of due-to-recipient, ius also includes the relation of obligation-of-subject which is superimposed on the relation of due-to-recipient. As far as the ontic foundations of obligation are concerned, in explaining why man is subordinated to realization of the good of others, Aquinas generally follows Aristotle in accepting that this basis is the subordination to moral good - to actions conforming with the learned truth about reality. Aquinas' systemic solutions allow, however, to reach deeper and understand why moral development is also a development of the whole human being. This was difficult within Aristotle's system, since he was reluc¬tant to decide whether precedence should be given to intellectual or moral develop¬ment. The inclination to realise good of another appears to be a transcendental characteristic of being, based on its very existence. Morality understood as rational and free subordination to realize the good of another is a specifically personal way of the realization of this inclination. Thus just actions contribute to the actualization of being in the aspect of its existence and therefore to the actualization of being as a whole. Thomas' conception of natural law (lex naturalis) as participation in eternal law (lex aeterna), offers possibilities for grasping that which is just as something which is basically accessible cognition, independently of Revelation and independently of faith in God, and at the same time as something based in eternal law, understood as a design of God's wisdom. Eternal law, embracing all particular actions, is not, from the human perspective, accessible cognition directly. It is enacted in the struc-ture of the created being and - in case of human beings - in free choices taking this structure into account. In the concluding remarks, the results obtained earlier are applied directly to the contemporary conception of human rights. Human rights are understood in the first place as "just things" - concrete goods of man; as that which is due because of subordination, based on dignity, to the personal development of man. That which is just is understood as a relational - actual or potential - state of things, which exists by virtue of existing relations. Evaluations referring to that which is right are true when respective relations of due-to-recipient take place; norms of conduct are true when respective relations of obligation-of-subject take place. Examples of the application of the sketched theory outside the field of human rights are also presented. Procedural consequences of the developed theory are shown, such as the discrimination of two types of legislative procedures which differ significantly in the structure of argumentation: the first aims at recognition of that which is just independently of the will of the legislator, and the second, at making individual or collective "projects" of development compatible. Finally the possibilities of applying the theory to the increasingly important problems of the protection of the environment and the "rights" of animals are mentioned. The central issue is a philosophical conception of man and his freedom and a conception of law. It is also indispensable to turn to a general theory of being. The search for a comprehensive theory of human rights requires attention to the Abso¬lute Being - God - as well. This is important for at least two reasons. First, a conception of the Absolute Being is integral to philosophy of the systemic type -of which the present book is a piece. A conception of the Absolute Being is signifi¬cant for understanding all being, including, first of all, man as a personal being. Second, every theory of human rights which does not comprise the problem of the Absolute may be questioned as to whether solutions adopted in it do not lead, in consequence, to eliminating God from the perspective of the understanding of law. It is desirable that a philosophical theory should deal with this problem directly. A theory which eliminates God from the perspective of the understanding of rights will be unacceptable for all those who, for philosophical reasons or relying on faith, consider God as the author of inherent rights. Nevertheless, a theoretical approach to rights from the perspective of the Absolute Being should only be a possible extension of a philosophical approach which bases rights on something which is cognizable independently of the acceptance of the existence of God so that the theory is also acceptable for those who reject the existence of God or suspend their judgment on this subject. The pursued theory should therefore contain, on the one hand, reference to natural, faith-independent foundations of human rights, but on the other hand, point to a possible extension accounting for the Absolute Being. The analyses contained in this chapter have undoubtedly some historical value since they are based on source texts. Nevertheless, the use of these texts and not critical works was dictated, first of all, by a conviction that analyses embrace a given theory in the aspect selected by the interests of the researcher. Therefore to find out what past thinkers say on the subject characterized in the first part it is simpler to reach to the sources than to adopt the existing critical works. The pre¬sented reconstruction of Aquinas' views on philosophy of law incorporates proposi¬tions of supplementing and developing some of the ideas undertaken by him. Obligation to act in this and not an other way arises because human actions are subordinated to the conformity, on the one hand, of aims realized by these actions and, on the one hand, the order of being determining that which is favourable to man or destroys him. The content of the order of being is, on the one hand, determined by the structure of being independent from man's will and, on the other, by free decisions of man. (shrink)

The VIA Classification of Strengths and Virtues is the most commonly used model of positive personality. In this study, we used two methods of model modification to develop models for two measures of the character strengths, the VIA Inventory of Strengths-Revised and the Global Assessment of Character Strengths. The first method consisted of freeing residual covariances based on modification indices until good fit was achieved. The second was residual network modeling (RNM), which frees residual partial correlations while minimizing a function (...) that penalizes more complex models. Models based on both strategies were developed for the two questionnaires. The resulting structural models were then applied to four other samples. Though both modification procedures achieved good fit in the sample used to develop the models, only RNM resulted in adequate model fit for both measures in all cross-validation samples. This finding suggests RNM is more robust against overfitting than traditional practices. Moreover, the result supports the validity of the three-factor model of character strengths with replicability. (shrink)

This article presents a new methodology for pricing and hedging commodity derivatives. A generic model calibration is provided. The calibration procedure consists of an offline step where the mean reversion rates, the ratio of the long and short factor volatilities and the correlation between the long and short factors are determined via historical analysis. This offline step is performed relatively infrequently. There’s also an online step of the calibration which happens every time the model is used to price (...) an option or to simulate price paths. Empirical study shows that the model is quite accurate. (shrink)

Academic social networks and social media have revolutionised the way individuals gather information and express themselves, particularly in academia, science, and research. Through the lens of academics, this study aims to investigate the epistemological and psychosocial aspects of these knowledge sources. The epistemological attitude model presented a framework to delve into and reflect upon the existence of knowledge sources, comprising subjective, interactional, and knowledge dimensions. One hundred and twenty-six university academics participated in this study, including lecturers and researchers from different (...) higher education institutions in Latvia. The study employed two methods: the Epistemological Attitudes towards Sources of Knowledge Questionnaire and the Epistemological Attitudes towards Sources of Knowledge Semantic Questionnaire. The data analysis involved several procedures, including exploratory and confirmatory factor analysis, correlation analysis, and test statistics. By implementing these methods, the study gained valuable insights into the sources of knowledge, examining them from two perspectives. The first perspective brought attention to the differences in academics’ appraisals by discussing their understanding, approach, use, and valuations of these sources. By scrutinising the constructs of meanings, the second perspective sheds light on the anticipated knowledge which is deemed ideal, the concrete knowledge that is both social and objective, and the subjectively valuable nature of academic social networks and social media. The findings underscore the specialised knowledge and qualities that academics rely on for producing knowledge. In terms of epistemology, methodology, social science, and education, the study holds theoretical and practical implications, especially in comprehending knowledge and its sources. (shrink)

Purpose This article aims to gain a better understanding of the reasons why serendipity is designed for in different kinds of environments. Understanding these design intents sheds light on the value such designs bring to designers, in contrast to the users of the environment. In this way, the article seeks to contribute to the literature on cultivating serendipity from a designers’ point of view. -/- Design/methodology/approach An extensive review of the literature discussing designing for serendipity was conducted to elicit the (...) different motivations to design for serendipity. Based on these findings and a thorough analysis, a typology of design intents for serendipity is presented. -/- Findings The article puts forward four intents to design for serendipity: serendipity as an ideal, common good, mediator and feature. It also highlights that the current academic discourse puts a strong emphasis on two of them. It is argued that this academic abstraction could be problematic for how we deal with designs for serendipity, both in theory and practice. -/- Originality/value The novelty of this article is that it addresses the question of why to design for serendipity from a designer’s point of view. By introducing the notion of directionality it opens up the opportunity to discuss serendipity from multiple perspectives, which contributes to gaining a firmer understanding of serendipity. It allows to more explicitly formulate the different functions of a design for serendipity and thereby expands our knowledge on the value of designing for serendipity. At the same time, it sheds light on the potential threats to designing for serendipity. (shrink)

Objective: Changing contour lines of the external nose following traumatic, aesthetic and tumour surgeries have become very trendy. The goal of this research is to study the several soft tissue landmarks, measurements (linear distances, ratios, angles) of the external nose and its nasal indicis using a computer program. Methods: Face region were taken a photographs of the two hundred adults. Analyses of linear (the lengths of nares, nasal bridge, and columella and nose height, nares width) and angular analyses (angles of (...) nasofrontal, nasolabial and nasal tip) were computed and averaged for gender with age. As for the shape of the nose, it was categorized as subunits: nasal tip (sharp, normal, wide, protrusive and asymmetric), nasal base (normal, wide, asymmetric) nasal alae (normal, thick, thin, asymmetric), nares (normal, horizontal and asymmetric) and columella (normal, wide, short and bifid) nasal base, nares, nasal alae, columella and classified subunit as normal, protrusive, sharp, asymmetric, and wide. Results: The nose height have to 49.05 ± 3.48 mm in young male adults, 50.37 ± 2.33 mm in young female adults. Distance lengthwise the nasal bridge have to 48.60 ± 3.24 in males, 37.09 ± 5.49 females. The two mean measured nasal lengths were significantly greater in men. At the same time, angular measurements for nasolabial and interalar were higher in males. Nasal tip angle was 127.47 ± 82.9° in males, 75.8° in females. On average, young male adults had larger nasal linear distances such as nasal bridge length, nares lengths and nares widths relation of height than young female adults (p;<0.01); No gender differences were observed for columella widths and to nose height ratio (p;<0.01). The nasofrontal, nasal tip, nasolabial and interalar angles showed statistically significant differences among young male adults and young female adults (p;<0.05). The nasolabial angle exhibited considerable variability. The shape details of nares was showed large variability. Nasal base, nasal tip and nasal alae shapes were similar, nares asymmetry was more frequently compared with other features. Conclusions: The Anatolian people’s nose exhibits wide nasal tip, has a wider nasal base, and is more thicker at the alae, with wider definition of the columella. The significant gender differences of nasal shapes were found. The wide and sharp features of nasal tip were related to an important features in men, whereas asymmetric nares were dominant in young female adults. Using digitized reference details, this study helped define the best cosmetic surgery recreate the nose and increase the success of customized therapy. Also, our findings facial alteratios, facial reconstruction, personal identification, Trauma assessments may also have data banks based on age and gender. (shrink)

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

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)

● 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)

In this article we examine the role of Entscheider (decision-makers) in the German asylum procedure, both legally and ethical. As the responsibility for deciding on asylum applications lies exclusively with them, their significance for the German asylum procedure can hardly be underestimated. However, over the last few decades the situation of Entscheider changed significantly: While the number and complexity of the cases they have to decide on has increased due to the growing immigration, the requirements for their education (...) have been lowered, owed to critical amendments to the relevant law. We analyze how the law currently defines the role of Entscheider, whether the legal framework is constitutional, and what modifications morality requires. Although the law defining their role seems to be constitutional, Entscheider’s education must be improved and they must be entrusted with the hearing of the applicants to meet what morality requires, we conclude. DOI: 10.17879/95189429199. (shrink)

Conceptual analysis is undergoing a revival in philosophy, and much of the credit goes to Frank Jackson. Jackson argues that conceptual analysis is needed as an integral component of so-called serious metaphysics and that it also does explanatory work in accounting for such phenomena as categorization, meaning change, communication, and linguistic understanding. He even goes so far as to argue that opponents of conceptual analysis are implicitly committed to it in practice. We show that he is (...) wrong on all of these points and that his case for conceptual analysis doesn't succeed. At the same time, we argue that the sorts of intuitions that figure in conceptual analysis may still have a significant role to play in philosophy. So naturalists needn't disregard intuitions altogether. (shrink)

У статті розкрито сутність і зміст індивідуального стилю професійної діяльності, його структуру й механізми формування. Установлено, що індивідуальний стиль професійної діяльності є комплексним особистісним утворенням, яке охоплює сталу систему методів і методик роботи та визначає певну стратегію поведінки в трудовій діяльності. Показано, що структуру індивідуального стилю можна уявити у вигляді змістового ядра й прибудови до нього, що формується внаслідок дії механізмів адаптації, компенсації й корекції під час опанування суб’єктом професійної діяльності. З’ясовано, що індивідуальний стиль професійної діяльності може бути охарактеризований через (...) своєрідність співвідношення в структурі орієнтовної, виконавчої та контрольної видів професійної діяльності та визначений як такий, що має процесуальність, особистісну своєрідність, продуктивність, розвивальнимй, коригувальний та адаптивний потенціал, умотивованість у виявленні й розвитку стилю. Акцентовано на тому, що стиль професійної діяльності є водночас фактором і наслідком індивідуального професійного розвитку індивіда, коли в процесі набуття професійного досвіду відбувається інтеграція вроджених властивостей нервової системи, набутих інтелектуальних, емоційних, поведінкових якостей та формуються відмітні риси й індивідуальні здібності людини, що забезпечують її ефективність і продуктивність у досягненні результатів. Виявлено та обґрунтовано педагогічні умови формування індивідуального стилю професійної діяльності майбутніх фахівців. Серед них: урахування індивідуально-психологічних особливостей майбутніх фахівців; запровадження засобів комплексної диференціації з метою розвитку адекватної самооцінки та настанов у виконанні трудових дій; цілеспрямоване формування системи раціональних трудових прийомів; створення на заняттях позитивного мікроклімату, атмосфери співтворчості та співпраці, що забезпечить закріплення оригінальних способів здійснення професійної діяльності. -/- The article studies the problem of the future specialist’s professional formation as a subject of professional activity, which is characterized by originality and peculiarity in the realization of labour functions. The aim of the article is to reveal the essence and content of the individual style of professional activity, its structure and formation mechanisms; determination of pedagogical terms that contribute to the shaping of the optimal individual style of future specialists’ professional activity during their professional preparation process. A complex of research methods has been used, namely: content analysis, generalization and specification in the provisions of the theory of activity and professional pedagogy regarding the essence of the individual style of activity, modelling of the structure of the individual style of professional activity, substantiating the pedagogical terms of its formation in future specialists during their professional preparation process. It has been established that the individual style of professional activity is a complex personal creation including a stable system of work methods and techniques, and determining a certain behaviour strategy in their labour activity. It has been shown that the structure of an individual style can be presented in the form of a content core and an extension to it; it is formed as a result of the action of mechanisms of adaptation, compensation and correction during the subject’s mastery of professional activity. It has been found that the individual style of professional activity can be characterized by means of the peculiarity of the ratio of the indicative, executive and control types of professional activity in its structure. It can be defined by way of procedural, personal originality, and productivity parameters, as well as one’s having the developmental, corrective and adaptive potential, and motivation in detecting and shaping the style. It has been emphasised that the style of professional activity, at the same time, is both a factor and a consequence of the person’s individual professional development. During the gaining professional experience process, the innate properties of the nervous system, and acquired intellectual, emotional, and behavioural qualities are integrated and a person’s distinctive features and individual abilities are formed ensuring their efficiency and productivity in achieving the results. It has been highlighted that such leading methodological approaches as systemic, personal-activity, axiological and acmeological ones are effective means to shape the future specialists’ individual style of professional activity. They make it possible to form not individual features or characteristics, but an integral dynamic psychological system of individual active adaptation to the conditions of the professional environment via involvement in the study and professional activities, taking into account personality traits and value attitudes and focusing on achieving the top of the professional mastery. Pedagogical terms for the formation of the future specialists’ individual style of professional activity have been identified and substantiated. They include taking into account the individual and psychological characteristics of future specialists, introducing means of complex differentiation to develop adequate self-assessment and attitudes in the performance of labour actions, purposeful formation of a system of rational labour methods, as well as creation of a positive microclimate and an atmosphere of co-creation and cooperation in classes, which will ensure the consolidation of original methods of carrying out professional activities. (shrink)

This article concentrates on a couple of semiotic approaches working out, on the one hand, the mediated character of reducing interpretative trajectories to the actual translation into the language of narratives (A. J. Greimas) or the language of textuality (F. Rastier), and, on the other, the direct, apparently unmediated passage to the visceral physicality of the verbal signifying system, which make semantic and syntactic components perfunctory to interpretation in a way (J. Kristeva). Greimassian universal narrative grammar dismantles signifying units, navigating (...) in the network of narrative utterances. Rastier's approach structures textual artifacts by unearthing semantic constituents crucial for semiotic analysis. Kristeva examines what is behind the curtain instead of sorting out the significance of the text's content as a special category and the possibility of procedure allowing its interpretation. These three authors are compared in the context of two approaches that come to grips with the author/reader pair. (shrink)