The article explores the comprehensibility of court forms by providing a quantitative overview and a qualitative analysis of such syntactic characteristics as length and structure of sentences and noun phrases. The analysis is viewed in the broader context of genre characteristics of court forms, their role within legal proceedings, and their function for eliciting narratives from court users. The findings show that while the elicitation strategies are not always coherently aligned with the guidance sections, the guidance itself condenses legal and (...) procedural information into overly complex and verbose syntactic constructions. Comprehensibility barriers are thus created through breaks in information flow, ambiguous syntactic constructions, missing information and misalignment between questions and guidance. Such comprehension challenges have a negative impact on the potential of court users to effectively engage with legal proceedings. (shrink)

Discourse-based processes seek to arrive at socially acceptable decisions by adhering to a specific set of procedures. In this case study, we empirically test how successful the,Cooperative Discourse' was in identifying a socially acceptable site for a solid-waste landfill in Switzerland. Our results indicate that even individuals living in the community designated as the prospective site think highly of the,Cooperative Discourse', but they know close to nothing about this procedure. This ignorance is rational, because, under Swiss laws, the recommendations of (...) the discourse are not legally binding and siting projects can easily be thwarted by town hall meetings. In this case, the,Cooperative Discourse' may have reached a consensus proposal because this proposal is socially not very relevant. (shrink)

Discourse-based processes seek to arrive at socially acceptable decisions by adhering to a specific set of procedures. In this case study, we empirically test how successful the,Cooperative Discourse' was in identifying a socially acceptable site for a solid-waste landfill in Switzerland. Our results indicate that even individuals living in the community designated as the prospective site think highly of the,Cooperative Discourse', but they know close to nothing about this procedure. This ignorance is rational, because, under Swiss laws, the recommendations of (...) the discourse are not legally binding and siting projects can easily be thwarted by town hall meetings. In this case, the,Cooperative Discourse' may have reached a consensus proposal because this proposal is socially not very relevant. (shrink)

When multiple individuals interact in a conversation or as part of a large crowd, emergent structures and dynamics arise that are behavioral properties of the interacting group rather than of any individual member of that group. Recent work using traditional signal processing techniques and machine learning has demonstrated that global acoustic data recorded from a crowd at a basketball game can be used to classify emergent crowd behavior in terms of the crowd's purported emotional state. We propose that the description (...) of crowd behavior from such global acoustic data could benefit from nonlinear analysis methods derived from dynamical systems theory. Such methods have been used in recent research applying nonlinear methods to audio data extracted from music and group musical interactions. In this work, we used nonlinear analyses to extract features that are relevant to the behavioral interactions that underlie acoustic signals produced by a crowd attending a sporting event. We propose that recurrence dynamics measured from these audio signals via recurrence quantification analysis (RQA) reflect information about the behavioral dynamics of the crowd itself. We analyze these dynamics from acoustic signals recorded from crowds attending basketball games, and that were manually labeled according to the crowds' emotional state across six categories: angry noise, applause, cheer, distraction noise, positive chant, and negative chant. We show that RQA measures are useful to differentiate the emergent acoustic behavioral dynamics between these categories, and can provide insight into the recurrence patterns that underlie crowd interactions. (shrink)

Our question “How many chickens does it take to make an egg?” was inspired by the successful replacement of egg-based mayonnaise with plant-based mayonnaise in general dining at the University of California, Santa Barbara, in order to increase animal welfare. Our indicator of improved animal welfare due to decreased egg consumption was the reduction in number of chickens in the stressful and unhealthy conditions of the US egg industry. To measure this we calculated the ratio of chickens to eggs and (...) found it takes 6.3 chickens to make 1000 eggs. This equals 158 eggs per chicken, less than half the amount of eggs per laying hen because of mortality from hatching to entering the laying flock, including the disposal of male chicks. In addition, greenhouse gas emissions, irrigation water, reactive nitrogen, and land use would be reduced 43–98% from that of eggs. While the impact of plant-based mayonnaise was relatively small, we also estimated the substitution of eggs with tofu, which had a much greater impact: substituting 50% of eggs with tofu in first-year student breakfasts on all UC campuses would reduce the number of chickens in the egg industry by 9245. If this substitution was made by the US population, the welfare and environmental benefits would be 29 thousand times greater. Reducing egg consumption would greatly improve chicken welfare even if welfare certified eggs are replaced, since the requirements of the most commonly used chicken welfare certification programs do relatively little to reduce chicken suffering. (shrink)

Following Hartry Field in distinguishing disquotational truth from a conception that grounds truth conditions in a community's usage, it is argued that the notions are materially inequivalent (since the latter allows truth-value gaps) and that both are needed. In addition to allowing blanket endorsements ("Everything the Pope says is true"), disquotational truth facilitates mathematical discovery, as when we establish the Gödel sentence by noting that the theorems are all disquotationally true and the disquotational truths are consistent. We require a more (...) substantial notion, however, if we intend to use truth values and truth conditions in explaining communication by language. (shrink)

The question—what is a political constitution?—might seem, at first blush, fairly innocuous. At one level, the idea of a political constitution seems fairly well settled, at least insofar as most political constitutionalists subscribe to a similar set of commitments, arguments and assumptions. At a second, more reflective level, however, there remains some doubt whether a political constitution purports to be a descriptive or normative account of a real world constitution, such as Britain’s. By exploring the idea of a political constitution (...) as differently articulated by J.A.G. Griffith, Adam Tomkins and Richard Bellamy, this essay explores why the normativity of a political constitution may be indistinct and ill-defined, and how compelling reasons for this indistinctness and ill-definition are to be found in the very idea of a political constitution itself. A political constitution is here conceived as a ‘model’ which supplies an explanatory framework within which to make sense of our constitutional self-understandings. The discipline of thinking in terms of a model opens up a critical space wherein there need not be some stark, all-encompassing choice between constitutional models, which, in turn, allows for more subtle understandings of Britain’s constitution as neither exclusively ‘political’ nor ‘legal’. (shrink)

In 2003 Japanese folk horror game Fatal Frame II: Crimson Butterfly directed by Makoto Shibata, the protagonist bears witness to an ancient tradition of a community linked to the ritual sacrifice of twins, which results in the female victim becoming a malevolent spirit. Gradually the player, as Mio, equipped with the Camera Obscura, transitions from observer to participant in the cycle of events that results in sacrificing their own twin sister. This article focuses on establishing the game within the folk (...) horror subgenre, before examining three female characters: Mio, the protagonist, who shifts from witness/voyeur to participant; Mayu, their twin, who transitions from unwilling to willing sacrifice; and Sae, the victim of the original ritual and antagonist. In Fatal Frame II, the Camera Obscura, which captures the supernatural world, is the lens through which past and present blur as the player is confronted by the twisted beliefs of the village. Through analysis of the game’s narrative, ludic elements, and visual aesthetics, I examine how these roles fit within the context of folk horror, gender and Japanese folklore. (shrink)

Three experimental tasks—spontaneous telling of a story, reading, and parsing the story—were used to determine whether empirical data reflect the narrative structure of stories and can be predicted by a plot unit analysis of the stories (Lehnert, 1981). It was found that spontaneous pause durations at sentence breaks were highly correlated with the importance of these breaks as predicted theoretically. Only low correlations were obtained, however, when reading pause durations were correlated with the model. As for parsing values, the value (...) of the correlation coefficients depended on whether stories had sufficient superficial linguistic cues to help the subjects in parsing. It was concluded that spontaneous pausing not only reflects the narrative structure of stories, but can be used as a guide to constructing theories of narrative structure as well as for deciding between competing theories. (shrink)

This paper discusses how we understand and use a concept or the meaningof a general term to identify the objects falling under the term. There aretwo distinct approaches to research on the problems of concepts and meaningthe psychological approach and the formal (or logical) approach. My majorconcern is to consider the possibility of reconciling these two differentapproaches, and for this I propose to build a psychologically plausibleformal system of conceptualization. That is, I will develop a theory-basedaccount of concepts and propose (...) an explanation of how an agent activates aperspective (which consists of theories) in response to a situation in whichreasoning using a concept is called for. Theories are represented as sets offacts and rules, both strict and defeasible. Each theory is organized in acoherent perspective which stands for an agent's mental state or an agent'smodel of another agent's perspective. Perspectives are organized intohierarchies and the theory for a concept in one perspective may defeat thetheory for the same concept in another perspective. Which perspective issuperior is context-dependent. (shrink)

While there may be several practical concerns regarding the practice of corporate lobbying of government officials, there is the more basic question of a corporation’s moral right to do so. I argue that group agents such as corporations have no moral rights, and thereby cannot have the right to lobby. There may be a basis for some legal rights for corporations, but I argue that lobbying cannot be one of the legal rights, even by reference to the rights of the (...) individuals that make up the corporation. I end the paper by a discussion of how this argument applies to all private organizations, including public interest organizations. (shrink)

This book studies the afterlife from Homer to Dante. It posits that there is a dominant spatial idiom in afterlife landscapes, the 'Journey-Vision paradigm:' i.e. the journey through the underworld, and the Vision of the universe. This spatial duality functions to harmonise the underworld with the 'scientific' universe.

The judicial appointments regime in England and Wales is unbalanced. The pre-2005 appointments regime conferred excessive discretion on the Lord Chancellor, but the post-2005 regime has gone much too far in the opposite direction. Today, the Lord Chancellor is almost entirely excluded from the process of selecting lower level judges and enjoys only limited say over the selection of senior judges. In this article I argue that the current regime places too little weight on the sound reasons for involving the (...) minister in individual selection decisions, including the scope for ministerial input to enhance judicial independence, to supply political leadership on judicial diversity and to render more effective the discharge of the Lord Chancellor’s systemic responsibility for the justice system as a whole. I argue that shortlists reconcile the need to more fully involve the Lord Chancellor whilst at the same time ensuring that candidates satisfy a merit threshold. (shrink)

Attribution of the magneto-electric machine to Michael Faraday derives from the fact that it was he who proposed and named such a machine following his discovery of electromagnetic induction. Faraday did not, however, build such a machine although he did contrive to generate electricity with a revolving disc device. The technological origins of the first viable magneto-electric machines stem rather from a different concept in design although, of course, wholly dependent upon the newly discovered electromagnetic principle. Thus, although Faraday's position (...) remains without question, it is, nevertheless, largely due to other practitioners, such as the instrument makers Pixii, Saxton, and Clarke, that practical development took place in the 1830s. The present paper considers the early development of the magneto-electric machine and pays particular attention to the communication of ideas among the community of philosopher-mechanics. (shrink)

Judicial independence is generally understood as requiring that judges must be insulated from political life. The central claim of this work is that far from standing apart from the political realm, judicial independence is a product of it. It is defined and protected through interactions between judges and politicians. In short, judicial independence is a political achievement. This is the main conclusion of a three-year research project on the major changes introduced by the Constitutional Reform Act 2005, and the consequences (...) for judicial independence and accountability. The authors interviewed over 150 judges, politicians, civil servants and practitioners to understand the day-to-day processes of negotiation and interaction between politicians and judges. They conclude that the greatest threat to judicial independence in future may lie not from politicians actively seeking to undermine the courts, but rather from their increasing disengagement from the justice system and the judiciary. (shrink)

L’articolo colloca i videogiochi nell’area di ciò che chiamo “esperienze progettate”. Le esperienze progettate sono esperienze – nel mondo reale o attraverso i media – che sono progettate per sollecitare specifici effetti o affetti. Nei miei lavori precedenti, ho indagato il modo in cui gli insegnanti, nelle loro classi, o i designer dei videogiochi, nei loro giochi, progettino esperienze volte, in entrambi i casi, a condurre verso l’apprendimento. Tuttavia, le esperienza progettate possono essere volte a sollecitare attività diverse dall’apprendimento. Esse (...) possono anche cercare di sollecitare cose come il cambiamento sociale, i cambiamenti di atteggiamento o di comportamento, le emozioni o altri effetti del (o sul) corpo, la mente o l’anima. Nell’articolo considero la relazione tra i videogiochi intesi come esperienze progettate e i videogiochi intesi come arte. (shrink)

After years of trying to figure out how people can communicate and learn in ways that might make themselves, each other, and the world a better place, I have come to see that we humans do not know what sort of creature we are. It is not surprising, then, that our schools, institutions, and societies often do not work well. They are all based on fallacious ideas about what sort of creature a human is. We cannot make real progress-and will (...) continue to do much damage-until we face squarely what humans are. You cannot keep a donkey happy and healthy if you do not know what sort of creature a donkey is and behave accordingly. The same goes for humans. (shrink)

The complexity and inefficiency of the U.S. health care system complicates the distribution of life-saving medical technologies. When the public health is at stake, however, there are alternatives. The proposal for a national PrEP program published in this issue of the Journal applies some of the lessons of the national COVID vaccine campaign to HIV prevention. In doing so, it draws on other examples of public health approaches to the financing of medical technology, from vaccines for children to hepatitis C (...) treatment. (shrink)

The Spirit (πνεῦμα) and peace (εἰρήνη) with God as opposed to the Flesh (σάρξ) and hostility (ἔχθρα) with God in Romans 8:6–8. A surprising number of exegetes do not address the question to what exactly εἰρήνη refers in Romans 8:6. The rest seem to be divided between interpreting it as an unspecified (eschatological) state of peace (šalôm), peace with one’s fellow humans, or peace with God. Based on the textual context, this article argues that the latter interpretative option is best. (...) In terms of metaphor, the relevant target domain here is that of the relationship with God, while the source domain reflected probably is that of diplomatic relations. In addition, peace (with God) here must be understood in relation to the rule of the Spirit, the decisive influence upon those who live κατὰ πνεῦμα (Rom 8:4–5). Antithetically, personified flesh rules over those who are ἐν σαρκί (Rom 8:8). This leads to a disposition of enmity toward God as well as the inability to submit to his law. For Paul being ruled by the Spirit, as a consequence of being reconciled with God through Christ (Rom 5:1, 10; 8:3–4), is a crucial aspect of being at peace with God. (shrink)