Legislatures enact laws and the courts interpret them. Under the doctrine of legislative supremacy, a judge is not free to ignore or modify a statutory provision in order to substitute a rule that seems to him to be better reasoned; thus where the language of a statute is clear and unambiguous, interpretation is unnecessary and it must be enforced according to its terms. Nevertheless, gaps and ambiguities can arise and, in such cases, courts apply interpretive rules, or ‘canons of construction’, (...) to resolve these ambiguities. One frequently invoked rule requires that words that are not defined by a statute be given their ordinary meaning by the interpreting court. In recent years, the United States Supreme Court has increasingly relied upon dictionary definitions in applying this rule. The Court’s use of dictionaries as authority for its interpretations incorporates the assumption that the dictionary is the best source for ascertaining the meaning of statutory texts. This article challenges that assumption on linguistic grounds. I argue that the focus on definitions skews the interpretation of statutory language by isolating words from their semantic context. By comparing two cases in which the Court used dictionary definitions to a third case in which the definition used by the Court was contained in the statute itself, I demonstrate that the ordinary meaning of legal terms cannot be determined by dictionary definitions. (shrink)

The role of metaphor in political discourse has received significant attention in recent years. Expanding on the cognitive theory of metaphor developed by Lakoff and Johnson, scholars in the fields of sociolinguistics and discourse analysis have examined politicians' use of metaphorical concepts to justify policies and define events. The metaphors examined in these studies frequently have attained the status of idioms; they consequently pass unnoticed while retaining their ability to frame perspectives. However, political discourse does not limit itself to such (...) lexicalized metaphors, but makes use of new metaphors as well. Such uses are specifically designed to attract attention, which may become problematic if the metaphor is rejected, resulting in a classic `failure to launch'. This article examines such a case. Through an analysis of the metaphors used to describe President Bush's military plan to increase US forces in Iraq, I explore the mechanisms by which the meanings of novel metaphors are negotiated in the political arena, and demonstrate that, although their vivid imagery can generate persuasive force in political language, this effect may backfire when they encounter resistance. (shrink)

The practice of medicine involves obtaining, evaluating and analyzing information drawn from a variety of sources; thus physicians assess and act upon information that varies in terms of both reliability and the extent to which it may be directly perceived. In the hospital setting, physicians’ progress notes provide a record of this process that serves as a primary means of communication between treaters who are not co-present with one another; accordingly, in order to permit independent evaluation of the information they (...) contain, physicians have developed a repertoire of linguistic devices to express differing attitudes towards the information that their notes convey. In this article, through the microanalysis of a pediatric resident’s note, I demonstrate how physicians use evidential markers, including the passive voice and agentless constructions, to construct frameworks of credibility and responsibility that both underlie and enable medical work. These grammatical devices permit the physician-reader to weigh for himself or herself the evidence which supports the conclusions reached. (shrink)

Plato's thinking on courage, manliness and heroism is both profound and central to his work, but these areas of his thought remain under-explored. This book examines his developing critique of both the notions and embodiments of manliness prevalent in his culture, and his attempt to redefine them in accordance with his own ethical, psychological and metaphysical principles. It further seeks to locate the discussion within the framework of his general approach to ethics, an approach which focuses on concepts of flourishing (...) and virtue, rather than on consequences or duty. The question of why courage is necessary in the flourishing life in its turn leads to Plato's bid to unify the noble and the beneficial and the tensions this unification creates between human and divine ideals. The issue of manliness also raises problems of gender: does Plato conceive of the ethical subject as human or male? (shrink)

In this paper, planning models developed in artificial intelligence are applied to the kind of planning that must be carried out by participants in a conversation. A planning mechanism is defined, and a short fragment of a free‐flowing videotaped conversation is described. The bulk of the paper is then devoted to an attempt to understand the conversation in terms of the planning mechanism. This microanalysis suggests ways in which the planning mechanism must be augmented, and reveals several important conversational phenomena (...) that deserve further investigation. (shrink)

In the TACITUS project for using commonsense knowledge in the understanding of texts about mechanical devices and their failures, we have been developing various commonsense theories that are needed to mediate between the way we talk about the behavior of such devices and causal models of their operation. Of central importance in this effort is the axiomatization of what might be called commonsense metaphysics. This includes a number of areas that figure in virtually every domain of discourse, such as granularity, (...) scales, time, space, material, physical objects, shape, causality, functionality, and force. Our effort has been to construct core theories of each of these areas, and then to define, or at least characterize, a large number of lexical items in terms provided by the core theories. In this paper we discuss our methodological principles and describe the key ideas in the various domains we are investigating. (shrink)

The main title of this work is a little misleading. Hobbs does not begin to consider in any detail Plato’s relation to traditional Greek models of the hero until chapter 6, nearly two-thirds of the way through the book. In fact, Hobbs’s treatment of Plato’s re-working of the hero-figure is embedded in a nexus of themes revolving round the Greek virtue of andreia and its psychological basis in that part of the soul that Plato in the Republic calls (...) the thumos. Commonly translated ‘spirit’, the term is notoriously hard to render by a single English equivalent. Plato’s conception of this human drive can be captured, according to Hobbs’s succinct phrase, as “the need to believe that one counts for something”. (shrink)

The Archive is a central but paradoxical image in the work of the con temporary French artist Christian Boltanski (born 1944). Because Boltanski is obsessively concerned with the death-like rupture and loss by which experience is continuously reduced to fragmentary and inac curate memories of the past, especially regarding the adult's perception of childhood, archives represent for him a potential means of regaining access to what has been lost and is being mourned. However, Boltan ski's installation and performance works that (...) investigate the powers of archives set out ironically the absurdly limited and misleading processes of an archive. Photography in particular is shown to be unreliable, more icon than document, challenging rather than asserting notions of cat egory and coherence. The notion of the icon, moreover, underlines the spiritual dimension that accompanies this absurdist relationship with the past. Our faulty but much-desired awareness of a past gives complex value to our present, often in a touching, pathetic way, however arbitrary the means involved. The trail of the archive leads to an uncertainty that is nonetheless precious. The many subjects that Boltanski treats in this light vary disarmingly and controversially from the trivia and detritus of everyday living to the supreme seriousness of the Holocaust. He also transforms himself and his family into a labyrinthine and playful archive. Here a curious relationship emerges with the reputation and books of his brother, the sociologist Luc Boltanski. Christian borrows with no explicit acknowledgement the archive resources of Luc's sociological research as a sub-text in his visual works. Even more surprisingly, Luc Boltanski published in 1993 HISTORY OF THE HUMAN SCIENCES Vol. 11 No. 4 © 1998 SAGE Publications (London, Thousand Oaks and New Delhi) [0952-6951(199811)11:4;121-140; 006612]Poème, a collection of highly emotive and personal poetry about the past and the Holocaust. The problems raised by Christian Boltanski and by Luc conflate the personal and historical dimensions of the Archive. (shrink)

While debates over the existence of climate change rage on, impacts thereof have begun to unfold. Yet such impacts are uneven: for some, the impacts of climate change comprise direct threats, while for others it remains a relatively abstract idea. In this essay, I suggest that conceptualizing climate change as violence rather than exclusively an environmental or technological problem brings it closer to everyday life by exposing it as a concrete social and political issue, and that film provides a medium (...) through which audiences might profitably grapple with climate change as violence. I first situate climate change amidst theories of structural violence and slow violence. I then argue that film represents the violence of climate change in a way that invites its audiences to locate their own corporeal and psychic lives in relation to climate change impacts. I demonstrate these claims through readings of The Day after Tomorrow and Half-Life. (shrink)

This book is a clear, engaging, and ambitious introduction to the philosophy of John Dewey. First, a comment about the subtitle: while I recognize that it reflects the book’s inclusion in a series of “beginner’s guides,” the subtitle (“a beginner’s guide”) is unfortunate. The book is much more than that, and, as such, it is more valuable than the subtitle suggests. It is clearly of help to people new to Dewey, and yet it is also a significant resource for those (...) returning to Dewey in a variety of capacities. For example, this reviewer has found Hildebrand’s book helpful for thinking about pedagogical strategies for teaching Dewey in a recent seminar class (on James and Dewey), and I expect many other teachers will .. (shrink)

Allies of those experiencing injustice or oppression face a dilemma: to be neutral in the face of calls to solidarity risks siding with oppressors, yet to speak or act on behalf of others risks compounding the injustice. We identify what we call ‘a normative demand for deference’ (NDD) to those with lived experience as a response to this dilemma. Yet, while the NDD is prevalent, albeit sometimes implicitly so, in contemporary solidarity theory and activist practice, it remains under-theorised. In this (...) article, we analyse the potential benefits of adhering to the NDD, highlighting both a commonly accepted epistemic benefit, and a neglected but important good in bearing witness. Yet adhering to the NDD also raises real challenges. While the literature focuses on a gold standard model of direct engagement, we defend a valuable role for a second-order form of engagement through reading, films, and similar media, which, we argue, is particularly salient for global and transnational solidarity, an important element of contemporary global politics. (shrink)

We pragmatists have within our tradition significant methodological resources for contributing to the understanding of the meaning of beliefs about the nature of death—a topic that has still not received enough attention. 1 I want here to articulate what crucial features of pragmatism I believe to be especially helpful for such a contribution, and to explain something about why they are helpful in this regard. As my title indicates, I am not drawing upon the neo-pragmatism of those such as Richard (...) Rorty, but instead upon some of pragmatism’s rich classical American manifestations, according to which theory must be connected to practice and experience (as opposed to neopragmatism’s linguistic preoccupation).2 In.. (shrink)

1. ‘Born into a world of stories’ (Bochner et al., 1997), humans share a propensity to experience and understand the world through narratives. We use narratives to situate ourselves physiologically...

It is often argued that cosmopolitanism faces unique motivational constraints, asking more of individuals than they are able to give. This ‘motivational problem’ is held to pose a significant challenge to cosmopolitanism, as it appears unable to transform its moral demands into motivated political action. This article develops a novel response to the motivational problem facing cosmopolitanism, arguing that self-interest, alongside appeals to sentiment, can play a vital and neglected, transitional role in moving towards an expanded cosmopolitical condition. The article (...) explicates the ‘motivational problem’, analyses the relationship between self-interest and sentimental cosmopolitanism in addressing it, and develops a series of claims that self-interest can be one important component in what we label as ‘transitional cosmopolitanism’. In doing so, we argue that self-interested motivations can be compatible with sentiment-based approaches, rendering them more plausible. In addition, two expected critiques of self-interested ‘transitional cosmopolitanism’ are tackled: (A) That it cannot address feasibility constraints, and (B) That self-interested motivations cannot meet what an ‘authentic’ cosmopolitanism entails. We refute and challenge these critiques and outline three conditions in which self-interest can advance a transitional form of cosmopolitanism, while also being compatible with cosmopolitanism writ large. (shrink)

This article presents a philosophical framework for physician-family ethical decision-making for the controversial cases of withdrawal, initiation, or continuation of treatment for spina bifida infants. The well-known criteria for selective treatment proposed by Lorber are shown to be ethically sub-optimal on the grounds that they are based on a general conception of the decision framework that is open to serious criticisms and questioning.We propose a model of joint physician-family decision-making that we think represents a more rational method of balancing patient (...) autonomy with the professional expertise and international moral norms of physicians. We raise serious reservations about the wisdom of allowing the state to intervene too strenously in this type of decision, in many cases. (shrink)

This article presents a philosophical framework for physician-family ethical decision-making for the controversial cases of withdrawal, initiation, or continuation of treatment for spina bifida infants. The well-known criteria for selective treatment proposed by Lorber are shown to be ethically sub-optimal on the grounds that they are based on a general conception of the decision framework that is open to serious criticisms and questioning.We propose a model of joint physician-family decision-making that we think represents a more rational method of balancing patient (...) autonomy with the professional expertise and international moral norms of physicians. We raise serious reservations about the wisdom of allowing the state to intervene too strenously in this type of decision, in many cases. (shrink)

The eighteenth-century Physiocrats are widely considered to be precursors to classical economics, the French ninteenth-century Economistes, and contemporary free-market economics. They advocated free trade against mercantilism, and natural law against despotism. Although the Physiocrats also contributed to Walras and modern economic engineering, they fit squarely within the French (and world) liberal tradition.

Can religious premises ever be cited legitimately in explanations of matters of fact? Scientific practice is generally regarded as the source of our explanatory paradigms and the final arbiter of matters of fact, and is so constituted that it could never endorse such explanations. Neither would they be sanctioned by the non-cognitive reconstructions of religious discourse currently fashionable. I argue: Some scientific constraints on explanations, such as consistency, testability, and corrigibility, are generally legitimate in non-scientific contexts. Other cognitive values, such (...) as clarity and simplicity, though not constraints, still have adequate credentials to serve globally in the evaluation of theories and explanations. In addition to these, science employs overtly ideological constraints on explanation, plus a number of parochial values, including control, replicability, and skepticism. These serve to circumscribe the range of acceptable explanations more narrowly than reasonable standards of rationality would necessitate. In particular, they are responsible for precluding religious explanations unnecessarily. ;Finally, one can reconstruct from religious contexts a system of cognitive values with broad application that takes exception to scientific norms pertaining to the status of teleological explanations, the ranking of outstanding problem areas in importance, the usefulness of anecdotal material, and the appropriateness of pragmatic conceptions of truth. The additional explanations this value structure sanctions will be less secure than scientific explanations generally, and somewhat idiosyncratic. They may be appropriate when no scientific explanations are possible or available, or if the religious explanation is teleological and the scientific explanation is not. Near-death experiences represent a major potential source of religious explanations, although one in great need of development. More generally, our ability to give religious explanations is hampered by inadequate theoretical articulations of the concept of God. (shrink)

There has been little scholarly attention to the tension within Dewey’s comments on the ancients. On the one hand, Dewey’s polemics condemn the lasting influence of Greek philosophers as deleterious. He charges the Greeks with originating a quest (“the quest for certainty”) that has led Western philosophy into such dualisms as reason and emotion, mind and nature, individual and community, and theory and practice. On the other hand, Dewey often has many sympathetic things to say about the Greeks. Taking account (...) of the limited scholarship done on this topic, this essay articulates the dimensions of the tension and tries to put it into a Deweyan perspective. (shrink)

ABSTRACTOne long-running conundrum in Husserlian phenomenology revolves around the question of the identity of what Husserl calls the transcendental ego, a mysterious figure that he identifies as the subject of a genuinely transcendental phenomenology. In dialogue with both Husserl and his assistant and collaborator Eugen Fink, I attempt in this article to give a solid account of the identity of this transcendental ego, and in particular to explain the connection between this figure and the empirical ego of the individual phenomenologist. (...) I make particular reference to Fink's depiction of a "personal union" between these two egos in his Sixth Cartesian Meditation and to certain unclear hints in Husserl's 1923/1924 lectures on First Philosophy. Ultimately, I develop my own account of such a union, which explains the transcendental ego as a certain mode in which the phenomenologist might investigate his own experiences. On this basis, I argue, the status of phenomenology as a transcendental discipline can be understood without subjecting that discipline to certain criticisms that have been levelled against it. (shrink)

Potential ethical issues can arise during the process of epidemiological classification. For example, unnatural infant deaths are classified as accidental deaths or homicides. Societal sensitivity to the physical abuse and neglect of children has increased over recent decades. This enhanced sensitivity could impact reported infant homicide rates. Infant homicide and accident mortality rates in boys and girls in the USA from 1940 to 2005 were analysed. In 1940, infant accident mortality rates were over 20 times greater than infant homicide rates (...) in both boys and girls. After about 1980, when the ratio of infant accident mortality rates to infant homicide rates decreased to less than five, and the sum of infant accident and homicide rates became relatively constant, further decreases in infant accident mortality rates were associated with increases in reported infant homicide rates. These findings suggest that the dramatic decline of accidental infant mortality and recent increased societal sensitivity to child abuse may be related to the increased infant homicide rates observed in the USA since 1980 rather than an actual increase in societal violence directed against infants. Ethical consequences of epidemiological classification, involving the principles of beneficence, non-maleficence and justice, are suggested by observed patterns in infant accidental deaths and homicides in the USA from 1940 to 2005. (shrink)