Discourse-based interpreting research has determined that interpreters are participants within interaction. Grice established that conversation participants conform to a cooperative principle. With respect to interpreting, what is the cooperative principle? How do sign language interpreters and deaf people work together to negotiate meaning in interpretation? The aim of this article is to present a case study of a deaf presenter and two sign language interpreters and evidence of their strategies for cooperation in interpreter-mediated monologic talk. Drawing on a framework (...) of interactional sociolinguistics, naturalistic data from a seminar presentation was analysed, focusing on the use of pauses, nods and eye contact as contextualization cues in the interpreter-mediated event. It was found that these three participants used these cues deliberately and strategically for signalling comprehension, marking episodes, clarification and controlling the pace of the presentation; drawing on their frames of reference. Thus, the data suggest that the cooperative principle of interpreting involves the establishment of particular cues for communication. (shrink)

Through the analysis of the discourse of an interpreter-mediated expert witness examination in a Korean criminal courtroom, this paper examines challenges in obtaining evidence from an expert witness through unskilled interpreters and the related complexity of participation status during the multiparty interactions, namely the courtroom examination. This paper, drawing on the participation framework theories, demonstrates how all participants are engaged in negotiation and interpretation of the meaning of the expert testimony. The two unskilled interpreters, who are primarily responsible for (...) interpreting, collaborate with each other in order to achieve communication when they face problems or difficulties in the other’s interpreted rendition. However, despite the collective efforts to accurately obtain and understand the expert evidence accurately, such efforts are not always successful in the absence of skilled interpreters. Based on these findings, this paper argues that a team of unskilled interpreters is not sufficient to accomplish the demanding task of interpreting expert evidence, and further, the court needs to be meticulous about the quality of courtroom interpreting which have potential implications for achieving just legal outcomes. (shrink)

If the important role of written translation in the construction and contestation of knowledge and narratives remains largely under-explored, then the part played by interpreting and interpreters is even less examined in knowledge construction and story-telling. At a time when Beijing increasingly seeks to bolster its discursive power and have the Chinese story properly told, the interpreter-mediated and televised Premier-Meets-the-Press conferences constitute a typical discursive event andregime of truthin articulating China’s officially sanctioned “voice.” Discursive in nature, the institutionalised event (...) permits Beijing to construct a desired version of truth, fact and narrative in front of the more vociferous and dominant West. As an attempt to employ digital humanities (DH) methods to real-world language use, this corpus-based CDA study explores the press conference interpreters’ agency and mediation in rendering key concepts and discourses (e.g., ECONOMY and REFORM) constitutive of the broader Reform and Opening-up meta-narrative, which legitimises China’s political and economic systems, developments, policies and positions in the post-1978 era. The interpreters are found to maintain and often further reinforce Beijing’s discourse in English at various levels. Apart from indicating issues of institutional alignment, this study points to interpreters’ agency in communicating beyond national borders, (re)constructing political and institutional knowledge, counterbalancing the naturalised and taken-for-granted Western narratives, and contributing to the shifting East-West power differentials discursively. This study highlights the significance of interpreters as indispensable (re)tellers of the Chinese story in an increasingly mediat(is)ed world, where the interpreted discourse is routinely quotedverbatimon various platforms and taken for granted as the correct version of Beijing’s official “voice.”. (shrink)

ABSTRACTThe pragmatist reform and opening-up in 1978 has revolutionised the way China communicates internally and engages with the outside world. Firmly embedded within this broader historical context, the interpreter-mediated and televised Premier-Meets-the-Press conferences are a high-profile institutional event in China. At this discursive event, the Chinese premier – ranked second in China’s political hierarchy – is put in the international media limelight, answering journalists’ questions on a range of topics. The section involving the interpreters’ rendering of journalists’ questions is (...) triadic and dynamic and represents a particularly interesting site of ideological contestation, which can be conceptualised profitably using Bakhtin’s concept dialogised heteroglossia. Drawing on a corpus containing 20 years’ press conference data between 1998 and 2017, this CDA study interrogates the interpreters’ agency, particularly in constructing the Chinese government’s image when rendering journalists’ questions. Despite the commonplace assumptions of interpreters being impartial with little agency, the government-affiliated interpreters are found to actively engage in facework and image construction. This leads to a discursive pattern described in Van Dijk’s ideological square, which involves further emphasising and foregrounding the positive elements yet de-emphasising and mitigating the negative elements about Beijing. (shrink)

Intercultural Digital Ethics faces the central challenge of how to develop a global IDE that can endorse and defend some set of universal ethical norms, principles, frameworks, etc. alongside sustaining local, culturally variable identities, traditions, practices, norms, and so on. I explicate interpretive pros hen ethical pluralism ) emerging in the late 1990s and into the twenty-first century in response to this general problem and its correlates, including conflicts generated by “computer-mediated colonization” that imposed homogenous values, communication styles, and so (...) on upon “target” peoples and cultures via ICTs as embedding these values in their very design. I contrast different kinds of ethical pluralisms as structural apparatus for understanding what differences may mean and allow for, as these emerged in the 1990s forwards with EP. As interwoven with phronēsis, a form of reflective judgment and virtue, EP more radically preserves irreducible differences and so fosters positive engagements across deep cultural differences. I show how EP emerged in the context of empirical research on “Cultural Attitudes towards Technology and Communication” beginning in 1998, and then in specific applications within Internet Research Ethics beginning in 2000. I summarize its main characteristics and trace how it has further been taken up in ICE, IRE, Intercultural Information Ethics, and virtue ethics more broadly. I respond to important criticisms and objections, arguing that EP thus stands as an important component for a contemporary IDE that seeks an ethical cosmopolitanism in place of computer-mediated colonization. (shrink)

ABSTRACTTwo studies aimed to examine whether high socially anxious individuals are more likely to negatively interpret ambiguous social scenarios and facial expressions compared to low socially anxious individuals. We also examined whether interpretation bias serves as a mediator of the relationship between trait social anxiety and state anxiety responses, in particular current state anxiety, bodily sensations, and perceived probability and cost of negative evaluation pertaining to a speech task. Study 1 used ambiguous social scenarios and Study 2 used ambiguous facial (...) expressions as stimuli to objectively assess interpretation bias. Undergraduate students with high and low social anxiety completed measures of state anxiety responses at three time points: baseline, after the interpretation bias task, and after the preparation for an impromptu speech. Results showed that high socially anxious individuals were more likely to endorse threat interpretations for ambiguous social scenarios and to interpret ambi... (shrink)

People high in depressive or anxious symptom severity show repetitive negative thinking, including worry and rumination. They also show various cognitive phenomena, including probability, cost, and interpretation biases. Since there is conceptual overlap between these cognitive biases and repetitive negative thinking – all involve thinking about potential threats and misfortunes – we wondered whether repetitive negative thinking could account for (mediate) these cognitive biases’ associations with depressive and anxious symptom severity. In three studies, conducted in two languages and cultures, cost (...) bias and (in two studies) interpretation bias only predicted symptom severity via worry and repetitive negative thinking; this suggests these biases are actually associated with repetitive negative thinking, rather than with symptoms. In contrast, probability bias showed direct relationships with depressive (all studies) and anxious (two studies) symptom severity, suggesting its relationships with symptoms are partly independent of repetitive negative thinking. These results show the value of studying relationships among the various cognitive features of psychopathology. Furthermore, new interventions which target cognitive biases in depression or anxiety must show that they can improve upon cognitive behavioural therapy, which is already widely available, targets both repetitive negative thinking and probability bias, and is highly effective. (shrink)

헤겔은 『법철학』에서 의회와 공론장을 “국가”의 핵심적인 제도로서 다룬다. 헤겔의 논의가 통상적인 자유주의적인 논의와 상당한 차이를 보이는 까닭에, 그 이론적인 근거를 규명하려는 노력이 다각도로 이루어져 왔다. 본 논문은 이 주제와 관련해 반성과 매개의 개념에 주목한다. 의회와 공론장을 사회와 국가 사이의 반성적인 매개기관으로서 규정하는 것은 일반적이나, 헤겔의 사유는 반성과 매개에 대한 그의 독특한 관점을 통해서 고유성을 드러낸다. 헤겔에서 이 개념들은 사회의 합리성 및 국가의 정당성 문제와의 관련성에서가 아니라, 국가가 사회의 국가로서 존립하고 기능할 수 있어야 한다는 문제와 관련해서 그 의미를 얻는다. 본 논문은 (...) 이러한 독해를 헤겔의 『법철학』을 참조하여 상론하되, 특히 악셀 호네트의 독해를 비판적으로 검토함으로써 그 논지를 뚜렷하게 할 것이다. (shrink)

Purpose Genetic research, via the mainstream media, presents the public with novel, profound findings almost on a daily basis. However, it is not clear how much laypeople understand these presentations and how they integrate such new findings into their knowledge base. Genetic knowledge (GK), existing causal beliefs, and genetic essentialist tendencies (GET) have been implicated in such processes; the current study assesses the relationships between these elements and how brief presentations of media releases of scientific findings about genetics are consumed (...) and affect the readers. -/- Methods An Australian national survey of GK, GET, and existing causal beliefs about health phenomena (heart disease and obesity) was conducted. Participants were also exposed to news headlines that offered genetic and non-genetic partial explanations of the same health phenomena and reported their evaluations of these headlines, as well as the effects of the headlines on their personal understanding of the health phenomena. -/- Results GK was negatively-associated with GET. Whereas GK did not directly predict the evaluation and effects of the genetic headlines, GET did. GK predicted the effects of the headlines indirectly via GET and via GET and existing causal beliefs. -/- Conclusion GET seem to predict unwarranted effects of exposure to news headlines about genetic science, whereas GK seems to indirectly mitigate the same unwarranted effects. (shrink)

This article examines interpreters’ embodied displays of trouble in hospital encounters in Norway. In these meetings, participants speak different languages, and the interpreters, that is multilinguals with interpreter education and other formal qualifications, produce utterances in either of the languages in question. As such, the specific interaction in which these embodied displays of trouble occur is mediated in two ways, it is both interpreter-mediated and video-mediated. Video-recordings of hospital settings where the interpreting is carried out through use of (...) video-technology are analyzed using multimodal conversation analysis. The interpreters’ embodied displays of trouble are found resemble recruitmens and are found to initiate repair. The article shows that while the embodied display of trouble might be a versatile device to initiate repair within the video-mediated environment, the video-mediated environment provides a complex interactional space for the perception of the embodied action. (shrink)

In order to assure optimal care of patients with chronic illnesses, it is necessary to take into account the cultural factors that may influence health-related behaviors, health practices, and health-seeking behavior. Despite the increasing number of Romanian Roma, research regarding their beliefs and practices related to healthcare is rather poor. The aim of this paper is to present empirical evidence of specificities in the practice of healthcare among Romanian Roma patients and their caregivers. Using a qualitative exploratory descriptive design, this (...) study is based on data gathered through three focus groups with 30 health mediators in the counties of Iasi and Cluj (Romania). We identified various barriers to access to healthcare for Roma patients: lack of financial resources and health insurance coverage, lack of cognitive resources or lack of personal hygiene, but also important cultural issues, such as the shame of being ill, family function, disclosure of disease-related information, patient’s autonomy, attitudes towards illness and health practices, that should be considered in order to create a culturally sensitive environment in Romanian medical facilities:… The role of the health mediators within the context of cultural diversity is also discussed, as cultural brokers contributing to health care quality among Romanian Roma patients Bridging cultural differences may improve patient–healthcare provider relationships, but may have limited impact in reducing ethnic disparities, unless coupled with efforts of Roma communities to get involved in creating and implementing health policies. (shrink)

Egypt of the Hellenistic and Roman periods remains the most thoroughly documented multilingual society in the ancient world, because of the wealth of texts preserved on papyrus in Egyptian, Greek, Latin and other languages. This makes the scarcity of interpreters in the papyrological record all the more curious. This study reviews all instances in the papyri of individuals referred to as hermēneus in Greek, or references to the process of translation/interpreting. It discusses the terminological ambiguity of hermēneus, which can also (...) mean a commercial mediator; the position of language mediators in legal cases in Egyptian, Greek and Latin; the role of gender in language mediation; and concludes with a survey of interpreting in Egyptian monastic communities in Late Antiquity. (shrink)

BackgroundThe German guidelines for liver transplantation stipulate that every patient with alcohol-related liver disease needs to prove evidence of a 6-month abstinence period before they can be admitted to the waiting list for liver transplantation. This internationally widespread abstinence rule has been criticised as it prevents patients at least temporarily from receiving an effective and potentially life-saving therapy. This poses the question of how this abstinence rule is depicted and justified by transplantation professionals.ArgumentsIn case of the 6‑month abstinence rule, guidelines (...) are used as a tool for rationing health care. Four frames of interpretation can be reconstructed from the ethical and medical literature. Each linguistically mediated frame offers a different representation of the 6‑month abstinence rule. According to these different framings, the 6‑month waiting period is depicted (1) as a diagnostic tool to determine the regenerative capacity of the liver, (2) as a prognostic tool to determine the prospects of success of a transplantation, and (3) to determine the drinking behaviour after transplantation. In a further context, the abstinence rule (4) is interpreted as an expression of an obligation to avoid behaviour harmful to health.ConclusionThese four frames provide linguistically mediated patterns of interpretation that are used by different actors to limit the indication for liver transplantation. They give rise to different ethical questions that allow a systematic ethical assessment of the 6‑month abstinence rule. (shrink)

Stingless bees are among the most dominant pollinators in the south tropics. As such, the rational beekeeping of stingless bee species, called meliponiculture, is an ancient and relevant activity, related to sustainable agricultural development, and which connects traditional knowledge to innovation and novelty. Given the relevance of this topic, this paper discusses the possibilities of a semiotically mediated communication between humans and Meliponini (stingless bees). Zoosemiotics, as the studies of animal views of the world, is the ideal modelling system for (...) the investigation of the possibilities of mutual understanding between these two species. Starting from the premise that, for there to be inter-specific communication, there must be a shared code, and that this depends on the biological makeup and sensory apparatus of both organisms involved in the communication process, this research suggests that a possible way to communicate with stingless bees is with the use of olfactory (chemical) signals, since this channel seems to be common to both humans and bees. Considering that for human-animal relations one party must be able to recognize the other (iconic learning), it is revealed that chemical signals do allow bees to recognize individual humans, even going so far as profiling this person as ‘not a threat’. Finally, bees are seen to act cooperatively while the beekeeper is taking action to protect and maintain the nest, something that can be interpreted as an opening of semiotic relations, where the bees are deeming the beekeeper as part of their social group. (shrink)

To put it in Peirce's words, philosophy is an act of semiosis. Interpretation, communication, and mediation are at the core of the philosophical enterprise. Mediation in a wide sense is indeed a constitutive character of human experience. If, at the core of our philosophical research, we focus on the so-called issue of cross-cultural and intercultural thought, in which the necessity of translation springs immediately up from the necessity to understand different languages and different systems of signs, the question (...) of mediation reveals itself to be a crucial one. Immediacy itself, whenever it is thought, reveals itself to be something mediated by our language: but what separates and requires mediation is also what connects, and binds together different elements in order to allow them communicate. (shrink)

After the fall of an oppressive regime, public interpretation of the past provides the normative backbone for the new society’s institutional framework. This narrative also molds temporality on a collective level, elevating some events and eras above the floating river of time, while omitting or suppressing others. In all societies, collective memory, and the temporality embedded within it, are mediated within the public domain. This paper argues that the hyper-accelerated time of transition leaves its mediating function vulnerable and prone to (...) slip into manipulation. By monopolizing the public interpretation of the past and manipulating public temporality, political regimes undermine the processes of healing and reconciliation, which require us to recognize different voices and interpretations. A manipulated temporality, that clashes with the personal temporality of lived experience, may violate personal identity and dignity and impede the democratic project. (shrink)

Most interpreting theories claim that different interpreting types should involve varied processing mechanisms and procedures. However, few studies have examined their underlying differences. Even though some previous results based on quantitative approaches show that different interpreting types yield outputs of varying lexical and syntactic features, the grammatical parsing approach is limited. Language sequences that form without relying on parsing or processing with a specific linguistic approach or grammar excel other quantitative approaches at revealing the sequential behavior of language production. As (...) a non-grammatically-bound unit of language sequences, frequency motif can visualize the local distribution of content and function words, and can also statistically classify languages and identify text types. Thus, the current research investigates the distribution, length and position-dependent properties of frequency motifs across different interpreting outputs in pursuit of the sequential generation behaviors. It is found that the distribution, the length and certain position-dependent properties of the specific language sequences differ significantly across simultaneous interpreting and consecutive interpreting output. The features of frequency motifs manifest that both interpreting output is produced in the manner that abides by the least effort principle. The current research suggests that interpreting types can be differentiated through this type of language sequential unit and offers evidence for how the different task features mediate the sequential organization of interpreting output under different demand to achieve cognitive load minimization. (shrink)

Causal mediation analysis is complicated with multiple effect definitions that require different sets of assumptions for identification. This article provides a systematic explanation of such assumptions. We define five potential outcome types whose means are involved in various effect definitions. We tackle their mean/distribution’s identification, starting with the one that requires the weakest assumptions and gradually building up to the one that requires the strongest assumptions. This presentation shows clearly why an assumption is required for one estimand and not (...) another, and provides a succinct table from which an applied researcher could pick out the assumptions required for identifying the causal effects they target. Using a running example, the article illustrates the assembling and consideration of identifying assumptions for a range of causal contrasts. For several that are commonly encountered in the literature, this exercise clarifies that identification requires weaker assumptions than those often stated in the literature. This attention to the details also draws attention to the differences in the positivity assumption for different estimands, with practical implications. Clarity on the identifying assumptions of these various estimands will help researchers conduct appropriate mediation analyses and interpret the results with appropriate caution given the plausibility of the assumptions. (shrink)

Technology is pervasive and overwhelming in the intensive care setting. It has the power to inform and direct the nursing care of critically ill patients. Technology changes the moral and social dynamics within nurse—patient encounters. Nurses use technology as the main reference point to interpret and evaluate clinical patient outcomes. This shapes nurses’ understanding and the kind of care provided. Technology inserts itself between patients and nurses, thus distancing nurses from patients. This situates nurses into positions of power, granting them (...) epistemic authority, which constrains them as moral agents. Technology serves to categorize and marginalize patients’ illness experience. In this article, moral agency is examined within the technologically-mediated context of the intensive care unit. Uncritical use of technology has a negative impact on patient care and nurses’ view of patients, thus limiting moral agency. Through examination of technology as it frames cardiac patients, it is demonstrated how technology changes the way nurses understand and conceptualize moral agency. This article offers a new perspective on the ethical discussion of technology and its impact on nurses’ moral agency. Employing reflective analysis using the technique of embodied reflection may help to ensure that patients remain at the centre of nurses’ moral practice. Embodied reflection invites nurses critically to examine how technology has reshaped conceptualization, understanding, and the underlying motivation governing nurses’ moral agency. (shrink)

This case study provides a multi-perspective view on the power of political events as a strategy to influence public opinion-building regarding the European Union and the European Idea. To achieve this purpose, it examines one prominent political issue of 2007, namely the German Presidency of the Council of the EU. Looking at three different groups of actors, the German Government, the media, and the audience, the public perception of events is analyzed according to their varying degree of mediatization. The case (...) study compares the three main objectives of the German Presidency on the actors' agendas and describes how issues were framed during three different time periods. The findings suggest that the media agenda was heavily influenced by the government's scheduled events. Regarding the frames identified in the public sphere, the media offered different interpretations, somewhat varying from the political leaders' intentions and from the citizens' perceptions. (shrink)

Many critics view Irigaray's work as an extension or deconstruction of a Lacanian paradigm. Few actually analyse it as a direct challenge to Lacanian concepts of symbolic subjectivity, and the consequent, alternative framework this would envisage. This article discusses a poss ible beyond the phallus, in relation to mediating concepts of the female imaginary and symbolic within her work, and an understanding of the female imaginary and symbolic within different feminist interpretations of the maternal imaginary and symbolic, arguing that the (...) imaginary is crucial in delineating a non-separatist cultural sublimation of female desire. Feminist revisions of the Oedipal by Jessica Benjamin and Kaja Silverman are examined in relation to the question of a maternal imagin ary and symbolic. Irigaray objects to Silverman's privileging of a Lacan ian concept of symbolic castration because it cannot negotiate between the literal relation to the body, and the metaphors and language of our cultural symbolic. Her female imaginary and symbolic provide this mediating link in direct challenge to the overly literal penis of Freud's castration complex and the essentially metaphorical nature of Lacan's phallus. Her mediation is related to the work of diverse psychoanalytic thinkers such as Andrew Samuels, Cornelius Castoriadis and Anthony Elliott. Returning to a feminist reading by Margaret Whitford, this article finally negates a Lacanian understanding of these structures and goes on to explore Irigaray's creative bodily imaginary, within two of her papers on analytic practice. Elaboration of a bodily and creative imaginary within the clinical setting can represent necessary mediation between real and symbolic and between the psyche and culture: this HISTORY OF THE HUMAN SCIENCES Vol. 10 No. 2 @ 1997 SAGE Publications (London, Thousand Oaks and New Delhi) pp. 41-60 [0952-6951(199705)10:2] mediation is personified through the hysteric, not through the Oedipal Law of the Father, which is finally the key question in culturally locat ing female desire, thereby connecting the theory of psychoanalysis with practice and with history. (shrink)

Is there anything that is given immediately? This question seems to be of crucial importance for Phenomenology, a field perhaps known most principally for its attempt to return directly to the “things themselves.” The seeming simplicity of the idea is appealing: after all, where better for us to start in any philosophical investigation than with things as they appear to us in their most pure or “immediate” state? When put in its historical context as well, Husserl’s phenomenological project could even (...) be interpreted as a breath of fresh air in the midst of the environment of early 20th century philosophy in comparison with the seemingly constructive philosophy of its Neo-Kantian contemporaries. Indeed, rather than starting with a merely systematic account of our cognition and reality, is it not better for us to first return to the world just as it is given to us in perception or intuition in order to have a more faithful account of these issues? (shrink)

Psychiatric nurses frequently encounter suicidal patients. Caring for such patients often raises ethical questions and dilemmas. The research question for this study was: 'What understandings are revealed in texts about consolation and psychiatric nurses' responses to suicidal patients?' A Gadamerian approach guided re-interpretation of published texts. Through synthesizing four interpretive phases, a comprehensive interpretation emerged. This revealed being 'at home' with self, or an ethical way of being, as a hermeneutic understanding of a way to become ready to mediate consolation (...) with suicidal patients. Trustworthiness was addressed by means of the qualities of auditability, credibility and confirmability. This re-interpretation adds to nursing knowledge, enhances understanding of previous research findings, provides pre-understanding for further research and reveals the value of hermeneutic inquiry in nursing. It also deepens understanding of a published model of consolation. These understandings may help to guide nurses who are struggling with suicidal patients. (shrink)

Studies of normal individuals reveal an asymmetry in the folk concept of intentional action: an action is more likely to be thought of as intentional when it is morally bad than when it is morally good. One interpretation of these results comes from the hypothesis that emotion plays a critical mediating role in the relationship between an action’s moral status and its intentional status. According to this hypothesis, the negative emotional response triggered by a morally bad action drives the attribution (...) of intent to the actor, or the judgment that the actor acted intentionally. We test this hypothesis by presenting cases of morally bad and morally good action to seven individuals with deficits in emotional processing resulting from damage to the ventromedial prefrontal cortex (VMPC). If normal emotional processing is necessary for the observed asymmetry, then individuals with VMPC lesions should show no asymmetry. Our results provide no support for this hypothesis: like normal individuals, those with VMPC lesions showed the same asymmetry, tending to judge that an action was intentional when it was morally bad but not when it was morally good. Based on this finding, we suggest that normal emotional processing is not responsible for the observed asymmetry of intentional attributions and thus does not mediate the relationship between an action’s moral status and its intentional status. (shrink)

Chapter 1: An Introduction: The ‘Semantic Sting’ Argument Describes Dworkin’s theory as concerning the conditions of legal validity. “A legal system is a system of norms. Validity is a logical property of norms in a way akin to that in which truth is a logical property of propositions. A statement about the law is true if and only if the norm it purports to describe is a valid legal norm…It follows that there must be certain conditions which render certain norms, (...) but not others, legally valid. Hence it also follows that there can be two types of disagreement over the truth or falsehood of propositions about the law. People can disagree over the question ‘What are the conditions of legal validity?’, in which case their disagreement is a theoretical one. Or they can agree on the conditions of validity, and disagree as to whether or not those conditions actually obtain in a given case or not.” Argues that the best way to interpret Dworkin’s ‘semantic-sting argument’ is as a general argument against conventionalism in legal positivism. Summarizes the outcome of Dworkin’s argument as follows: “[I]f Dworkin is right about the legal reasoning of lawyers and judges, conventionalism would be self-defeating: if lawyers and judges recognize as legally binding not only those norms which are uncontroversially identifiable under the Rule of Recognition, that is, if what they recognize as binding is not only source-based law, then conventionalism turns out to be false on its own terms. In other words, either law is not what lawyers and judges think that it is, in which case law is not a matter of conventions, or – if it is what lawyers and judges think – conventionalism is false, as they do not see the law as purely a matter of conventions.” Dworkin’s theory, then, is a new conception of jurisprudence aiming to present itself as a rival to conventionalism. The book will be concerned with re-examining positivism in light of the interpretative challenge. Chapter 2: Meaning and Interpretation “[R]oughly, interpretation can be defined as an understanding or explanation of the meaning of an object.” Interpretation in this narrow sense is distinct from a less formal and broader use of interpretation that makes it equivalent to explanation. “Hence also, only those objects which are capable of bearing some meaning qualify as objects of interpretation.” [Why shouldn’t we think of interpretation as object-identification? This seems to be closer to what Dworkin has in mind.] Thus, a consideration of the philosophical work on meaning is appropriate. First, a consideration of Davidson on interpretation. The thesis is that Davidson’s “radical interpretation” can only account for sentence meaning and not for linguistic interpretation in general. Davidson cannot account for the non-rule-governed aspects of communication. “Semantics, as opposed to interpretation, concerns those aspects of communication which are rule or convention governed…but such rules are normally unavailable as reasons or justifications for an interpretation. On the contrary, interpretation is usually required because the issue is not determined by rules or conventions.” Interpretation, rather, is parasitic with understanding the meaning of an expression and not equivalent with it. As Dummett notes, any reflection on the meanings of words assumes prior knowledge of ordinary meanings. “This leads to the conclusion that understanding or explaining the meaning of an expression and interpreting it, are two conceptually separate things. It also indicates that seman ics can only be employed, if at all, to elucidate the concept of interpretation by way of contrast: interpretation concerns those aspects of communication which are under-determined by semantic rules or conventions.” Pragmatics, the study of problems posed by discrepancies between utterer’s meaning and sentence meaning, would seem to be closer to inquiry into interpretation. Both are concerned with understanding how meaning is possible where conventional rules leave off. Contemporary pragmatics, moreover, recognizes the logically indeterminate character of communicative inferences beyond conventional meaning and that the contextual conditions that account for the possibility cannot be realized in the semantic structure of the sentence. However, different criteria of success may be at work in pragmatics than interpretation. Pragmatics is concerned with how communication is achieved and thus the criteria of success would be grasping a speaker’s intentions. Many think, however, that communication is unimportant in certain spheres of communication, e.g. artistic interpretation, and that in these cases the aim of interpretation is not to uncover the actual artist’s intentions. What kind of meaning is interpretation aimed at then? It cannot be the meaning the object has for the interpreter. “Interpretation purports to be a statement about the object interpreted, not about the subject who offers the interpretation…it is crucial to remember that not everything we say about a work of art, or any other text, amounts to an interpretation of it. Only those aspects of a text which can shed light on its meaning form part of the text’s interpretation. What the text means for someone rarely entails anything about what the text means.” [This is puzzling to some extent for it remains somewhat ambiguous what it means to talk of subject-independent meaning.] Interpretive meaning attribution is, rather, counterfactual. “In general, I will suggest that the answer to this question consists in the fact that meaning is assigned by a counterfactual statement. Given that x is the meaning attributed to, for instance a text T, and x is not the literal meaning of T, nor is it the meaning of T intended by its author, then the attribution of meaning x to T can only be understood as the contention that on the basis of certain assumptions a certain fictitious or stipulated speaker would have meant x by expressing T.” Thus, on this account, interpretation, when it does not concern an actual speaker, turns out to be a kind of counterfactual intention attribution. Twofold point: “First, that interpretation is essentially a matter of attributing intentions, that is, in the pragmatics sense of ‘meaning’, namely, meaning that such-and-such by an act or expression. At the same time, interpretations need not be based on the intentions of actual authors; the meaning of an act or expression is understandable in terms of counterfactual intentions.” [Are we really restricted to understanding the coherence and integrity of meaning in such a way? Presumably the author is a kind of device for organizing meaning, much like Dworkin’s integrity, but need it take that format?] The logic of interpretation is typically reducible to intention attribution. [What role does the counterfactual author play in structuring meaning?] The criteria of interpretive success will depend upon the object, whether it is the real author or the counterfactual author. If the former, success will depend upon the retrieval of the author’s actual intentions. “Likewise, if the author is characterized in terms of some ideal representative of a certain genre, for instance, the presumptions which are taken to determine this c aracterization would provide the criteria of success for the particular interpretation offered.” [The criteria of success would seem, then, to be the principles, ideals, etc. that we attribute to the counterfactual author. These attributed qualities would be doing all the work – is the attribution of intention to the hypothetical author, then, really necessary at all?] [Does this account presuppose a weird dichotomy between what an object is and what it means? This dichotomy is different, if present at all, in Dworkin.] Chapter 3: Dworkin’s Theory of Interpretation and the Nature of Jurisprudence Three main insights of Dworkin’s theory of interpretation: “First, that interpretation strives to present its object in its best possible light. Second, that interpretation is essentially genre-dependent. And third, that there are certain constraints that determine the limits of possible interpretations of a given object.” Why the best light? Dworkin doesn’t really address this question in depth but claims that otherwise we are left with no way of justifying and choosing an interpretation or we are left with the author’s intention model, which we should reject. [Marmor doesn’t seem clear on what precisely it means to present something in its best light – seems to conflate it with most appealing light which, I take it, is different than what Dworkin has in mind.] “Dworkin is quite right to maintain that without having some views about the values inherent in the genre to which the text is taken to belong, no interpretation can take off the ground. The values we associate with the genre partly, but crucially, determine what would make sense to say about the text, what are the kinds of meaning we could ascribe to it.” There is no necessity for an interpretation to present an object in its best light with regards to the genre it is taken to be part of. Interpretations “could simply strive to present it in a certain light, perhaps better than some, worse than others, but in a way which highlights an aspect of the meaning of the text which may be worth paying attention to for some reason or another.” [What kind of reasons would count in choosing to present it in one light rather than another?] There is simply zero grounds for Dworkin’s assertion that we have no reason to pay attention to an interpretation that does not present it in its best light. Take a psychoanalytic interpretation of Hamlet, for example – not the best light, but a legitimate one. [This seems related to the next criticism – clearly Dworkin would have to loosen his insistence on the best, though not to detriment.] Moreover, especially with regards to art, it doesn’t appear possible to make an all things considered judgment about the best interpretation given the incommensurability of different values that are taken to inhere in a given genre. [Dworkin can respond here that we may have different available interpretations that could be justified with respect to the relevant value. Moreover, a lack of common denominator does not prevent any comparison whatsoever.] Constructive interpretation concerns social practices constituted by norms – it imposes a purpose or value rendering intelligible the normative character of the practice. There is a separate aspect of constructive interpretation that maintains that elements of the practice are sensitive to the point of the practice. It is important to note that different social practices will institutionalize themselves in different ways – thus, different practices will establish varying conditions on how the practice can be altered. The position of the positivists is that evaluative judgments concerning what the law should be are insufficient for determining what the law is given the nature of law’s institutionalization.&nb p; [This would seem to reside on a certain conception of law, i.e. an interpretation about where the value of law lies.] “[T]his being one of the main points of dispute between Dworkin and his positivist opponents, Dworkin cannot at this initial state presume law to be sensitive to its value in the manner that other, non-institutional practices might be, without incurring the charge of having assumed the very point at issue.” The upshot for Dworkin is that any explanation of a social practice such as law requires the same kind of reasoning as participation in that practice. This will be called the hermeneutic thesis. We can try to reconstruct a justification for this view based on the necessity of shared background assumptions – but this will not do since Dworkin’s claim is stronger: it contends that participants’ and theorists’ must “adopt one and the same normative point of view.” [The sense of normative here is unclear. It is true, though, that shared background assumptions do not imply viewing the law as valuable in any particular way, or at least it does not imply this in any strong sense.] Dworkin makes two distinct points with the hermeneutic thesis: “First, that the explanation of a social practice, like law or the arts, is essentially interpretative, and as such, necessarily value laden. Second, that the interpretation of such social practices, which Dworkin calls ‘argumentative’, is unique in the sense that the practice itself is an evaluative enterprise, and that therefore the interpreter of such a practice must form an evaluative judgment of her own about those values which are inherent in the practice that she purports to interpret.” [As stated, the first thesis is terribly ambiguous – for Dworkin, it clear implies a commitment to constructive interpretation. For Marmor, who accepts it, it is totally unclear what commitment he intends to make. He seems to mean simply that we have criteria for success concerning what counts as a successful explanation.] Mamor denies the second thesis. “What Dworkin seems to ignore here is that there is a crucial difference between forming a view about the values which are manifest in a social practice, like law, and actually having evaluative judgments about them.” [The problem, however, it that it is a contentious matter what values are part of the law – a theorist’s account of what values are constitutive of a particular legal system must rely on the kind of arguments which participants rely on. Of course, a theorist might simply note a debate about values and attempt to remain agnostic, but this will fail to be a full theoretical account of what law is!] Dworkin’s thesis seems to depend exclusively on his account of constructive interpretation. [This seems exactly right.] Chapter 4: Coherence, Holism, and Interpretation: The Epistemic Foundation of Dworkin’s Legal Theory Begins with discussion of Rawls’ reflective equilibrium. Sums up dual criticism as follows: “[T]he assumption that intuitions are independently true and the converse one, that their truth depends on fitting a coherent scheme, both seem to yield paradoxical results.” Dworkin, in his article “The Original Position”, claims that Rawls cannot commit himself to ethical realism. “[T]he natural model presupposes some form of ethical realism, while the constructive model does not. One important difficulty arising from an attempt to apply the natural model to Rawls is, that under the natural model, any theory which dopes not account for an intuition, at least for one which is held firmly, cannot be wholly satisfactory, just as scientific theory which does not account for certain observational data it is supposed to cover, would not be satisfactory in a familiar way.” Rawls, rather, is committed to a constructivist view of morality. Moreover, the reason we value coherence epistemically in moral theory is that it itself is a value of political morality – fairness requires consistency and publicity in the application of moral standards. Marmor notes the following problem with such a view: “[I]f coherence is justified, as it is here, with reference to certain moral values, that is, a specific conception of fairness, then we face the following problem: the presupposed values of fairness must themselves be based upon intuitive convictions, in which case the question of their truth cannot be ignored. If they are taken to be true…we are driven back to the perplexities of the natural model.” Discusses, helpfully, the Fish/Dworkin debate. The upshot is that Dworkin’s interpretive model is best off if it commits itself to a Quineian holism. However, this undermines his distinction between internal and external skepticism since holism must deny that moral judgments constitute a closed system. [This analysis seems exactly right.] Endorses Simmonds view that Dworkin’s theory does not meet the requirements of complexity he identifies as necessary to avoid vicious circularity in interpretive judgments of fit and identity. Coherence is doing the work through and through and therefore the interpretive theory of law is circular. [Will require further investigation, though it is unclear how coherence is doing any work in the pre-interpretive stage. At this stage, the judgments, if interpretive, seem to be derived from different sources. In any case, using coherence as a value seems to be highly suspect.] Why doesn’t Dworkin just reject Fish’s assumptions: because of his jurisprudence. “If legal texts can have a meaning that is not entirely dependent on a process of interpretation, then it is at least sometimes the case that the law can simply be understood, and applied, without the mediation of interpretation. And if that is the case, then the argument from interpretation against legal positivism collapses. It is no longer the case that every conclusion about what the law is, depends on evaluative considerations about what it ought to be.” Chapter 5: Semantics, Realism, and Natural Law Assessment of Michael Moore’s legal realism and its implications. [The final criticisms of Moore are not decisive.] Chapter 6: Constructive Identification and Razian Authority A consideration of Dworkin’s denial that the communication model of interpretation is appropriate for legal interpretation. Marmor argues that intentions do play a crucial role in the identification of legal norms in a way that is incompatible with Dworkin’s “coherence thesis”. Marmor takes Dworkin to be committed to the constructive identification thesis: that the identification of something as part of the legal, artistic, etc. genre can be done sufficiently by evaluative considerations. “Here, one must maintain that evaluative considerations are sufficient to determine whether something is a legal norm or a work of art”. [Fit, however, constrains possible evaluative considerations – thus evaluative considerations are not sufficient in themselves.] “Now the crucial point here is this: if you maintain the possibility of constructive identification in art, you must assume that works of art can be identified as such on the basis of certain features they happen to possess, features which contain no reference to any particular intention to create a work of art…unless we take intentions into account, how can we discriminate between the concept of an aesthetic artifact and the con ept of a work of art?” [It is unclear, and I think false, that constructive interpretation of anything requires identifying something irrespective of an artificers intentions. Those intentions may be relevant, dependent upon the genre under which we are trying to classify the object. Nothing, seemingly, about constructive interpretation in general excludes this possibility.] Marmor’s point is that it turns out to be impossible to identify art as art without reference to an artist’s intentions – especially given the state of contemporary art. [It is notable that Marmor’s response to counterexample implicitly depends upon a fully developed theory of aesthetics. His cursory comments on the matter of identifying art seem insufficient to say the least.] The rest of the chapter considers the incompatibility of Raz’s account of authority with constructive interpretation. The incompatibilities mentioned do not move beyond what Raz identifies in his article “Authority, Law and Morality”, but a defense of this notion of authority is defended in several [inconclusive] respects. [Raz and Marmor want to separate identification from content. This is not clearly a defensible separation.] Chapter 7: No Easy Cases? Chapter defends notion that there is a distinction between easy and hard cases in the positivist sense. Takes a Hartian approach and ultimately defends the distinction by associating it Wittgenstein’s conception of rule following. The point is that one need to look the purpose of rule in order to understand what the rule requires. Chapter 8: Legislative Intent and the Authority of Law Examines the following doctrine concerning the role of legislative intent in adjudication: “[F]irst, it would hold that laws, at least in certain cases, are enacted with relatively specific intentions, and that this is a matter of fact which is discernible through an ordinary fact-finding procedure. Second, that in certain cases the presence of such a fact, namely, that the law was enacted with a certain intention, provides judges with a reason to decide the legal dispute in accordance with the relevant legislative intent.” [It is important that for Marmor, interpretive strategies are only appropriate in hard cases. However, we should wonder what grounds positivism can offer for deciding a hard case in any manner which is not the morally best manner according to the judgment of the judge. There are no legal grounds, by definition, in hard cases and so what justificatory strategy would endorse any judicial decision except for the morally best one?] We can ascribe intentions to a legislative body, when this is possible at all, by taking the shared intentions of the majority, rather than some group intention, to be the significant intentions. Moreover, we should expect a good deal of consensus about intentions for otherwise it is hard to explain how legislative bodies are able to produce so much legislation. Discussion of kinds of intentions concludes as follows: “I have distinguished between three main types of intention that are potentially relevant from the legal point of view. Apart from the intentions that are manifest in the language of the law itself, legislators typically have further intentions in enacting a given law, and sometimes they would have certain intentions bearing on its proper application. I have also suggested that some of these further intentions may be essentially non-avowable, in which case they are rendered initially irrelevant. Finally, I have pointed out that considerations of consistency require that the legislator’s application intentions be taken into account only if, and to the extent that, they are in accord with his further intentions.” The manner in which intentionalism is to be justif ed relies on the distinction, Marmor maintains, between expert and mere collective action authority. “The point I wanted to make is strictly conditional: if, and only if, a certain law is justified on the basis of the expertise branch of the normal justification thesis, would it make sense to defer to the legislature’s intentions in the interpretation of the law, that is, to the extent that there is, in fact,; such an intention and it can clarify something that needs clarification.” Insofar as a legislature can be considered an expert on the matter requiring adjudication and interpretation should the body’s intention be taken into account. Chapter 9: Constitutional Interpretation Begins by laying out general necessary features of a constitution. Then Marmor moves on to consider general questions of constitutional legitimacy. First, he considers what grounds might be offered for the legitimacy of a constitution at all. He notes that the central question is what permits a single generation to bind future generations. He then examines four arguments to avoid this problem. The first is based on the moral legitimacy of the constitution; Marmor rejects this solution for the [truly dubious] reason that the constitution would make no practical difference because it would not supply reasons in addition to those provided by morality [but, presumably, the point is that these legally valid rules would be institutionally enshrined]. The second is based on the moral authority of the framers and Marmor rightly rejects this on the basis of the idealization of the framers it requires and less rightly on the basis that there cannot be moral authorities. Third is the “argument from interpretation” which claims that “as long as the particular content of the constitution is determined by its interpretation, and the authoritative interpretation at any time correctly instantiates the values which ought to be upheld in the community, the constitution would be morally legitimate”. The fourth is Raz’s which argues that a constitution is valid so long as its constraints are morally permissible because conventions of this type might aid the continuity of the legal system, i.e. it is important to have a convention of this type and the constitution is a kind of this type. Marmor appears to endorse these two approaches and concludes: “The conditions for the legitimacy of a constitution must comprise the following conditions. First, the values and principles enshrined in it must be morally permissible…Second, when certain choices are made in particular cases, they would be legitimate if they are either morally underdetermined, or else, morally correct…It follows from this that both arguments must assume that at least in those areas in which the constitution would make a moral difference, it can be interpreted to make the difference that it should, that is, according to the true moral principles that should apply to the particular case...the moral legitimacy of constitutions very much dependent on the practices of their interpretation. In other words, a great deal of the burden of moral legitimacy is shifted by these arguments to the application of the constitution, thus assuming that the constitution is legitimate only if the courts are likely to apply the constitution in a morally desirable way.” [This implies that the only significant value constitutions have is in providing a conventional practice where some such practice is required.] Moves on to argue that courts typically rely, and rightly so, on moral considerations when deciding constitutional issues because typically, in cases of the kind that reach the supreme or constitutional court, there is no law on the case. Much of this relies on his earlier discussion about the nature of interpretation in the law – that legal interpretation is always a matter of cha ging the law. (shrink)

The Article is concerned with the investigation of interpretation of the concept "pratyakṣa" in the first chapter of the first part of "Nyāya Sūtras", which became the determining ground for the entire subsequent history of the development of this concept in the teachings of the adherents of this philosophical school and their polemics with opponents. The methods of etymological and contextual analysis are applied, the key meaningful connotations of "pratyakṣa" are outlined, and the main issues of its interpretation and translation (...) are revealed. The first chapter of the first part of "Nyāya Sūtras" is the systemic core of the work as a whole, therefore its thorough study is of primary importance, both for the reconstruction of the teachings of Nyāya darshan, and for clarifying the specifics of the actualization of the lexemes presented in this part of the text and in the philosophical discourse of India as a whole. However, the brevity of the text chosen for analysis in this article opens a rather comprehensive perspective of different interpretations and creates a number of open questions. The duration of the tradition of comments dedicated to "Nyāya Sūtras" is an evidence of the importance of this work and the difficulty of reconstructing its content. The open questions actualized in the process of this study should not only become the basis for further investigations, but also reveal the specifics of the problematization of "pratyakṣa" in the philosophical discourse of India. The article reveals that the study of the concept of "pratyakṣa" in the teaching of Nyaya darshan, first of all, requires the analysis of the following concepts: prama̅ṇa, indriya, manas, artha, jñāna, buddhi. The article also suggests that "pramana pratyakṣa" is rather a "situation" of acquiring knowledge that meets the criteria of truth, rather than a simple "tool of knowledge" or "ability to know", so its simple translation as "perception" seems insufficiently substantiated. The article declares that the issue whether every contact between indriya and artha necessarily leads to the formation of a jñāna that meets the criteria of avyapadeśyam ("that which precedes definition and expression"), avyatirekavyabhicārin ("that which is clear, distinct, uncontroversial and steady'), vyavasāyātmaka ('that which is intense, bright and full of energy') is open and urgent for further research. It also states that the issues whether it is possible to talk about the contact of indriya, in the sense of a simple list of empirical senses (sight, hearing, touch, taste, smell), with artha without the mediation of manas; and how to interpret the possible role of the Western concept of "consciousness" in this process are also important. (shrink)

The aim of this article is to examine the actuality of Simone Weil's concept of the impersonal, as expressed in La personne et le sacré. To this end, I address the theme of authenticity by proposing two alternative models. According to the first model, "being oneself" corresponds to the immediate self-expression. Weil's critique of the "person's right to self-fulfillment", on the other hand, gives rise to an anthropology of mediation, which constitutes a second model centered on the notion of (...) work. Hence, my original contribution consists in the argumentation of the thesis that in Weil's oeuvre the access to the self is structured in concordance to a "work of desire", which constitutes the human being's essence. Taking up the various allusions to the "desire for the good", scattered throughout the Weilian corpus, the article unveils what this affective work, that transforms the subject, consists of, and emphasizes the importance of the experience of the transcendent Good as a condition for a free interpretation of the value of the desired goods. (shrink)

This paper has several aims. Its main interpretive task is to argue that the democratic aspirations of contemporary critical theory are informed and haunted by an essentially Hegelian conception of constitutional order that I describe in part 1, according to which the modern state represents an institutional structure that integrates society through rational activity by mediating between the different interests of various social strata, connecting them in a common enterprise—haunted, because this Hegelian vision of making individuals free and “at home” (...) in the modern world, reconciled to it by virtue of being able to comprehend their social order as the work of their own shared reasons, remains a griping one, but one that critical theorists starting with the Left Hegelians view as increasingly implausible under modern social conditions. In section 2, I trace the decline of confidence in the prospects for the rational/mediational integration of society Hegel envisioned through Horkheimer and Adorno, and discuss some relevant aspects of Habermas’s initial reception of their views. Section 3 argues that the conceptions of democratic constitutional politics offered by Habermas and Benhabib should be read as attempts to recover, in a critical manner and under changed conditions, Hegel’s idea of social order as the product of rational activity. Along the way, I will make three interpretive and critical points: first, the existence of this link to Hegelian conceptions of constitutionalism demonstrates that interpretations of Habermas’s later work that read him as having broken with the tradition of Left Hegelianism are overstated—my reading of Habermas highlights his essentially Hegelian proceduralism and the social theoretic dimension of his work, and should challenge people who think of him as a neo-Kantian moralist. Second, this Left Hegelian social theoretic backdrop provides a stronger normative justification for the practice of democratically rearticulating constitutional norms—along with its apparent demotion of the stabilizing virtues of the rule of law—than the contextual one that some legal theorists have so far offered. Thirdly, I will comment on the shortcomings of Habermas’s conception of democratic constitutionalism, as well as Benhabib’s modified concept of “democratic iterations,” along with some brief suggestions on how this set of ideas should be developed. (shrink)

Education as a deliberate activity and purposive process necessarily involves mediation, in the sense that the educator mediates between the child and the world. This can take different forms: the educator may function as a guide who initiates children into particular practices and domains and their modes of thinking and perceiving; or act as a filter, selecting what of the world the child encounters and how; or meet the child as representative of the adult world. I look at these (...) types of mediation at the hand of the work of John Dewey, Martin Buber, Hannah Arendt, and Richard Peters. The purpose of this paper is to explore the bearing that the mediating role of the educator—as interpreted by these authors—has on the role wonder may play in the educational process. I suggest that initiation highlights the familiarizing function of wonder, and is most readily associated with inquisitive wonder; representation draws attention to the defamiliarizing role of wonder, as well as to its world-affirming role; and selection foregrounds the distinction between momentary and dispositional wonder. (shrink)

Ideal interpretation is understanding a text in the best possible way. It is usually used when the text has a canonical status, such as the Bible or the U.S. Constitution. We argue that Zhu Xi’s view about interpreting the Four Books and Ronald Dworkin’s view about constitutional interpretation are examples of ideal interpretation and that their basic principles are similar. Each holds, roughly, that their target text contains moral truth; that the author’s mind requires the mediation of learning; that (...) the purpose of interpretation is not only to lead the reader to the moral truth but to become a better person; that all propositions are about the same moral truth or about political justice; that the interpretation ultimately must come from oneself, purged of prejudices; and that the only correct interpretation is one that captures the original meaning. (shrink)

In this paper, I argue that AI-powered voice assistants, just as all technologies, actively mediate our interpretative structures, including values. I show this by explaining the productive role of technologies in the way people make sense of themselves and those around them. More specifically, I rely on the hermeneutics of Gadamer and the material hermeneutics of Ihde to develop a hermeneutic lemniscate as a principle of technologically mediated sense-making. The lemniscate principle links people, technologies and the sociocultural world in the (...) joint production of meaning and explicates the feedback channels between the three counterparts. When people make sense of technologies, they necessarily engage their moral histories to comprehend new technologies and fit them in daily practices. As such, the lemniscate principle offers a chance to explore the moral dynamics taking place during technological appropriation. Using digital voice assistants as an example, I show how these AI-guided devices mediate our moral inclinations, decisions and even our values, while in parallel suggesting how to use and design them in an informed and critical way. (shrink)

In recent times, African states have experienced multiple challenges. The most disturbing one is the inability to evolve a sustainable culture of dialogue that is suitable for the mitigation of ethnic conflicts in contemporary Africa. It is this failure that has generated many other problems in other spheres. These problems, in concert, have made the socio-political space largely that of frustration, despair and disappointment. This accounts for the social design of unhealthy alliances and the basis for the affirmation of parochial (...) primordial frivolities at the detriment of a trans-national identity. But why have the affirmation of these primordial alliances and its attendant conflicts remain daunting, intricate and resilient, in spite of the several attempts by scholars to mitigate it? This paper argues that extant discourse of the above concern fails because it ignores the value of the conditions for the practical realisation of agreement in situations of conflict. The attempt here is to explore indigenous mediation strategies especially from the traditional Igbo speaking people in South-Eastern Nigeria in arriving at trans-national identity in Africa, which will be inclusive other than the divisive structure that has exclusive character in extant discourse. This paper, therefore, will employ the analytic-descriptive method to interrogate the above in a manner many scholars are wont to ignore. Hence, it is expected that this paper will initiate a perspective that will challenge extant interpretation of the conditions of dialogue and consequently human solidarity in African States. (shrink)

Ideal interpretation is understanding a text in the best possible way. It is usually used when the text has a canonical status, such as the Bible or the U.S. Constitution. We argue that Zhu Xi’s view about interpreting the Four Books and Ronald Dworkin’s view about constitutional interpretation are examples of ideal interpretation and that their basic principles are similar. Each holds, roughly, that their target text contains moral truth; that the author’s mind requires the mediation of learning; that (...) the purpose of interpretation is not only to lead the reader to the moral truth but to become a better person; that all propositions are about the same moral truth or about political justice; that the interpretation ultimately must come from oneself, purged of prejudices; and that the only correct interpretation is one that captures the original meaning. (shrink)

This paper extends studies on intertextuality into a more explicitly interactional context. I examine the actual process of intertextuality where comedy audiences construct recombinant selves through making sense of various membership categories as well as through making sense of a certain kind of comedy. The examination of this process requires receptive research; however, most studies leave the interpretive process unanalyzed. Conducting both a sequential analysis and a membership categorization analysis will reveal that categories are not “pre-formed” but “per-formed” in situ. (...) To illustrate these points, I report on a receptive study of Local comedy in Hawai‘i. (shrink)

This study investigates how dispute-mediators handle impasse in the re-negotiation of divorce decrees by divorced couples. Three sources of impasse and three strategies for handling impasse are identified based on analysis of mediation transcripts. The concern here lies not so much in the disputant's arguments but in the discussion procedures dispute-mediators use to craft the disputant's argumentation into a tool to solve conflict. Their moves are understood here as a practice of reconstructing argumentative discourse that is neither naïve nor (...) critical but reconstruction as design. Mediator's reconstruction reveals a type of communication work in contemporary societies involved in the crafting of forums and formats that mediate argumentative communication. This work is often invisible and strategic which makes its interpretation, judgment, and development a challenge for pragma-dialectical theory. How reconstruction as design can be understood is discussed by building on prior pragma-dialectical theory and research. (shrink)

The semeiotic of Charles Sanders Peirce is irreducibly triadic, positing that a sign mediates between the object that determines it and the interpretant that it determines. He eventually holds that each sign has two objects and three interpretants, standardizing quickly on immediate and dynamical for the objects but experimenting with a variety of names for the interpretants. The two most prominent terminologies are immediate/dynamical/final and emotional/energetic/logical, and scholars have long debated how they are related to each other. This paper seeks (...) to shed new light on the matter by reviewing the numerous manuscript drafts where Peirce develops the latter nomenclature while attempting to introduce his pragmatism to a general audience. It then goes on to examine an additional set of interpretants, intentional/effectual/communicational, and shows that the three different trichotomies can be understood as complementary, rather than redundant or conflicting. (shrink)

A long-standing question in cognitive science is how high-level knowledge is integrated with sensory input. For example, listeners can leverage lexical knowledge to interpret an ambiguous speech sound, but do such effects reflect direct top-down influences on perception or merely postperceptual biases? A critical test case in the domain of spoken word recognition is lexically mediated compensation for coarticulation (LCfC). Previous LCfC studies have shown that a lexically restored context phoneme (e.g., /s/ in Christma#) can alter the perceived place of (...) articulation of a subsequent target phoneme (e.g., the initial phoneme of a stimulus from a tapes-capes continuum), consistent with the influence of an unambiguous context phoneme in the same position. Because this phoneme-to-phoneme compensation for coarticulation is considered sublexical, scientists agree that evidence for LCfC would constitute strong support for top–down interaction. However, results from previous LCfC studies have been inconsistent, and positive effects have often been small. Here, we conducted extensive piloting of stimuli prior to testing for LCfC. Specifically, we ensured that context items elicited robust phoneme restoration (e.g., that the final phoneme of Christma# was reliably identified as /s/) and that unambiguous context-final segments (e.g., a clear /s/ at the end of Christmas) drove reliable compensation for coarticulation for a subsequent target phoneme. We observed robust LCfC in a well-powered, preregistered experiment with these pretested items (N = 40) as well as in a direct replication study (N = 40). These results provide strong evidence in favor of computational models of spoken word recognition that include top–down feedback. (shrink)

This paper explores Dilthey’s radical transformation of epistemology and the human sciences through his projects of a critique of historically embodied reason and his hermeneutics of historically mediated life. Answering criticisms that Dilthey overly depends on epistemology, I show how for Dilthey neither philosophy nor the human sciences should be reduced to their theoretical, epistemological, or cognitive dimensions. Dilthey approaches both immediate knowing (Wissen) and theoretical knowledge (Erkenntnis) in the context of a hermeneutical phenomenology of historical life. Knowing is not (...) an isolated activity but an interpretive and self-interpretive practice oriented by situated reflexive awareness (Innewerden) and self-reflection (Selbstbesinnung). As embedded in an historical relational context, knowing does not only consist of epistemic validity claims about representational contents but is fundamentally practical, involving all of human existence. Empirically informed Besinnung, with its double reference to sense as meaning and bodily awareness, orients Dilthey’s inquiry rather than the “irrationalism” of immediate intuition or the “rationalism” of abstract epistemological reasoning. (shrink)

Increasingly, biologists are using computers to model and to create biological representations. However, the exponential growth in available biological dataposes a challenge for experimental and theoretical researchers in both Biology and in Computer Science. In short, when even the simple retrieval of relevant biological information for a researcher becomes a complex task — its analysis and synthesis with other biological information will become even more daunting and unlikely. In this context, specially organized ‘structures of representation’ are needed for the efficient (...) interpretation of experimentally generated data. The “semantic Web” is a recent trend in networking techniques that we will examine here as a possible strategy for the computation of biological data — one that may allow us to take into account both the semiotic dimensions of biological processes, as well as their dynamic organization into stable and systemic levels. Thereupon, we propose that a semantic network for biology could benefit from principles rooted in such previous representation efforts as computer-generated ‘landscapes’ and ‘physical attractors’ — and that such principles could, in turn, then be better integrated into biological research through the development of a more semiotically informed user / computer interface design. (shrink)

Empathy is an integral aspect of human existence. Without at least a basic ability to access others’ affective life, social interactions would be well-nigh impossible. Yet, recent studies seem to show that the means we have acquired to access others’ emotional life no longer function well in what has become our everyday business – technologically mediated interactions in digital spaces. If this is correct, there are two important questions: (1) What makes empathy for frequent internet users so difficult? and (2) (...) What can we do to alleviate the negative consequences? Correspondingly, the aim of this paper is twofold. First, we identify structural differences between offline and technologically mediated interactions that can explain why digital empathy is harder to achieve. Second, drawing on the literature on ‘situated affectivity,’ we consider the idea of modifying digital spaces in ways specifically designed to ‘scaffold’ empathy where our evolved mechanisms fail. Section 2 argues that empathy is requires interpreting the behavior of embodied subjects. Section 3 identifies three factors that are crucial for this interpretative endeavor: the empathizer’s affective repertoire, their perceptual input, and their background knowledge. Section 4 argues that technologically mediated interactions differ from face-to-face interactions with regard to these factors in ways which render our evolved empathy mechanisms less effective in the digital world. Section 5 introduces the idea that situational factors can serve as ‘empathic scaffolds,’ i.e., as ‘tools’ that can ‘shape’ people’s empathic reactions. Section 6 wraps up the main line of reasoning, responds to objections and invites further scholarship. (shrink)