This paper offers a sustained philosophical meditation on contrasting interpretations of the emotion of shame within four academic discourses—social psychology, psychological anthropology, educational psychology and Aristotelian scholarship—in order to elicit their implications for moral education. It turns out that within each of these discourses there is a mainstream interpretation which emphasises shame’s expendability or moral ugliness (and where shame is typically described as guilt’s ugly sister), but also a heterodox interpretation which seeks to retrieve and defend shame. As (...) the heterodox interpretation seems to offer a more realistic picture of shame’s role in moral education, the provenance of the mainstream interpretation merits scrutiny. I argue that social scientific studies of the concept of shame, based on its supposed phenomenology, incorporate biases in favour of excessive, rather than medial, forms of the emotion. I suggest ways forward for more balanced analyses of the nature, moral justification and educative role of shame. (shrink)

Do children understand how different numbers are related before they associate them with specific cardinalities? We explored how children rely on two abstract relations – contrast and entailment – to reason about the meanings of ‘unknown’ number words. Previous studies argue that, because children give variable amounts when asked to give an unknown number, all unknown numbers begin with an existential meaning akin to some. In Experiment 1, we tested an alternative hypothesis, that because numbers belong to a scale (...) of contrasting alternatives, children assign them a meaning distinct from some. In the “Don’t Give-a-Number task”, children were shown three kinds of fruit (apples, bananas, strawberries), and asked to not give either some or a number of one kind (e.g. Give everything, but not [some/five] bananas). While children tended to give zero bananas when asked to not give some, they gave positive amounts when asked to not give numbers. This suggests that contrast – plus knowledge of a number’s membership in a count list – enables children to differentiate the meanings of unknown number words from the meaning of some. Experiment 2 tested whether children’s interpretation of unknown numbers is further constrained by understanding numerical entailment relations – that if someone, e.g. has three, they thereby also have two, but if they do not have three, they also do not have four. On critical trials, children saw two characters with different quantities of fish, two apart (e.g. 2 vs. 4), and were asked about the number inbetween – who either has or doesn’t have, e.g. three. Children picked the larger quantity for the affirmative, and the smaller for the negative prompts even when all the numbers were unknown, suggesting that they understood that, whatever three means, a larger quantity is more likely to contain that many, and a smaller quantity is more likely not to. We conclude by discussing how contrast and entailment could help children scaffold the exact meanings of unknown number words. (shrink)

The claim of this paper is that the everyday functions of knowledge make most sense if we see knowledge as contrastive. That is, we can best understand how the concept does what it does by thinking in terms of a relation “a knows that p rather than q.” There is always a contrast with an alternative. Contrastive interpretations of knowledge, and objections to them, have become fairly common in recent philosophy. The version defended here is fairly mild in that (...) there is no suggestion that we cannot think in terms of a simpler not explicitly contrastive relation “a knows that p.” Some, for instance Schaffer (2005) and Karjalainen and Morton (2003), have hinted that this stronger possibility may be right. But all that I am arguing now is that facts that are easily expressed in contrastive terms are vital to understanding why we need the concept of knowledge. In a piece that is in some ways a companion to this one ("Contrastivism" in Duncan Pritchard and Sven Bernecker, eds. The Routledge Companion to Epistemology. Routledge 2010, 513-522), I give a general survey of theories of contrastive knowledge and the differences between them. (shrink)

We apply Benacerraf’s distinction between mathematical ontology and mathematical practice to examine contrasting interpretations of infinitesimal mathematics of the seventeenth and eighteenth century, in the work of Bos, Ferraro, Laugwitz, and others. We detect Weierstrass’s ghost behind some of the received historiography on Euler’s infinitesimal mathematics, as when Ferraro proposes to understand Euler in terms of a Weierstrassian notion of limit and Fraser declares classical analysis to be a “primary point of reference for understanding the eighteenth-century theories.” Meanwhile, scholars like (...) Bos and Laugwitz seek to explore Eulerian methodology, practice, and procedures in a way more faithful to Euler’s own. Euler’s use of infinite integers and the associated infinite products are analyzed in the context of his infinite product decomposition for the sine function. Euler’s principle of cancellation is compared to the Leibnizian transcendental law of homogeneity. The Leibnizian law of continuity similarly finds echoes in Euler. We argue that Ferraro’s assumption that Euler worked with a classical notion of quantity is symptomatic of a post-Weierstrassian placement of Euler in the Archimedean track for the development of analysis, as well as a blurring of the distinction between the dual tracks noted by Bos. Interpreting Euler in an Archimedean conceptual framework obscures important aspects of Euler’s work. Such a framework is profitably replaced by a syntactically more versatile modern infinitesimal framework that provides better proxies for his inferential moves. (shrink)

This paper provides evidence for a contrastive account of explanation that is motivated by pragmatic theories that recognize the contribution that context makes to the interpretation of a prompt for explanation. This study replicates the primary findings of previous work in explanation-based category learning, extending that work by illustrating the critical role of the context in this type of learning. Participants interacted with items from two categories either by describing the items or explaining their category membership. We manipulated the (...) feature overlap between the categories and examined both the explanations generated and acquired knowledge of the categories. Explanations for membership in a given category were influenced by the unprompted contrast category, indicating an important role for contrastive processing in the generation of explanations. The influence of the contrast category was similarly seen in the transfer performance of the participants. (shrink)

In this essay, I address a novel criticism recently levelled at the Strong Programme by Nick Tosh and Tim Lewens. Tosh and Lewens paint Strong Programme theorists as trading on a contrastive form of explanation. With this, they throw valuable new light on the explanatory methods employed by the Strong Programme. However, as I shall argue, Tosh and Lewens run into trouble when they accuse Strong Programme theorists of unduly restricting the contrast space in which legitimate historical and sociological (...) explanations of scientific knowledge might be given. Their attack founders as a result of their failure to properly understand the overall methodological concerns of Strong Programme theorists. After introducing readers to the technique of contrastive explanation and correcting the errors in Tosh and Lewens’ interpretation of the Strong Programme, I argue that it is, in fact, Tosh and Lewens’ own commitment to scientific realism which places an unacceptable restriction on the explanatory space open to historians and sociologists of science. The happy ending is that the Strong Programme provides more freedom for analysis than does scientific realism, and that careful attention to the methodological benefits of contrastive explanation can help lighten the burden on historians and sociologists of science as they go about their explanatory business. (shrink)

It is widely recognized that scientific theories are often associated with strictly inconsistent models, but there is little agreement concerning the epistemic consequences. Some argue that model inconsistency supports a strong perspectivism, according to which claims serving as interpretations of models are inevitably and irreducibly perspectival. Others argue that in at least some cases, inconsistent models can be unified as approximations to a theory with which they are associated, thus undermining this kind of perspectivism. I examine the arguments for perspectivism, (...) and contend that its strong form is defeasible in principle, not merely in special cases. The argument rests on the plausibility of scientific knowledge concerning non-perspectival, dispositional facts about modelled systems. This forms the basis of a novel suggestion regarding how to understand the knowledge these models afford, in terms of a contrastive theory of what-questions. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 41.1 (2003) 121-122 [Access article in PDF] Harold Tarrant. Plato's First Interpreters. Ithaca, NY: Cornell University Press, 2000. Pp. viii + 263. Cloth, $55.00. This is Tarrant's third book on the ancient Platonist tradition, following his Scepticism or Platonism? (1985) and Thrasyllan Platonism (1993). In those earlier volumes his focus was on the first centuries bc and ad. Here his scope is much (...) wider. Stating that "Platonic interpretation is today at a crossroads," he has written a book that explores "ancient attempts to wrestle with this corpus," with the ultimate objective "to encourage a fresh, almost primitive reading of Plato himself" (vii).He begins engagingly by confronting the ancients with questions any modern reader of Plato must ask: What kind of text is this? Are there doctrines here? Where do I look for Plato's doctrines? The second part of his book is a historical survey, taking us from Plato, the early Academy and Aristotle, through the Hellenistic and early Roman Imperial period, and concluding with the principal Neoplatonist interpreters. In the third and longest part, he focuses on the interpretation of specific dialogues, giving most space to the Gorgias and Theaetetus, but also dealing in particular detail with the Meno, Parmenides, and Philebus. Something is said about every dialogue, but Tarrant writes only briefly about such major works as the Republic and Timaeus. He explains his selectivity (not very convincingly) as due to his wish to "discuss issues of meta-interpretation, with emphasis on the period before Plotinus" (198).Taking his book as a whole, one realizes that few strands of modern interpretation were not prefigured to quite a large extent in antiquity. The two most obvious exceptions are the chronological and developmental approach (Early, Middle, and Late), at present under strong attack from some quarters, and the theological, numerological, and allegorical readings practiced by Neoplatonists. Plato's ancient interpreters were doctrinal unitarians, but they implicitly anticipated our tendency to distinguish "Socratic dialogues," which some of them called "gymnastic" and "inquisitive," from such "canonical" works as the Phaedo,Republic, Symposium, and Timaeus, to which they applied the labels "dogmatic" and "expository." And they recognized that both types of characteristics could be found in the same dialogue, as in the Meno and Theaetetus. Plato himself, they proposed, spoke primarily through the voices of Socrates, Timaeus, and the Eleatic and Athenian strangers; but other characters, such as Pausanias in the Symposium, or Protagoras in the dialogue of that name, utter thoughts with some philosophical value. In explaining difficult passages of one dialogue, they would typically refer to passages from other parts of the corpus. An especially intriguing instance is the strategy of the Anonymous Commentator on the Theaetetus, who reads the Meno into the dialogue on which he is officially commenting.Ancient scholars, just like ourselves, asked questions about the unifying themes of complex dialogues. Hence the sub-titles given to certain works: "On the soul" for the Phaedo, and "On justice" for the Republic, etc. For Olympiodorus (whose commentary on the Gorgias Tarrant has recently co-edited [Leiden, 1998]), earlier interpreters have seriously erred by giving too limited an account of that dialogue's scope. It is not, he says, simply about rhetoric, nor about justice and injustice; nor is its theme the divine demiurge (as some Neoplatonists had strangely proposed, on the basis of the concluding myth). Rather, the subject of the Gorgias is "the ethical principles that lead to constitutional well-being" (125). [End Page 121] However, Olympiodorus's eminently "sensible" reading (as Tarrant calls it) is deeply embedded in the Neoplatonic contrast between the "purificatory virtues" of the Phaedo and the "constitutional virtues" of Republic4.Strong or weak scepticism, esotericism, unwritten doctrines, spurious versus genuine, a canon of central dialogues, dramatic considerations, and the philosophical importance or non-importance of the dialogues' prologues—all of these are interpretive approaches that Tarrant surveys in this immensely learned book, and all of them continue to resonate for us. Modern scholars, who emphasize the literary and philosophical unity of each dialogue, are walking... (shrink)

In this paper the arguments for optimal data selection and the contrast class account of negations in the selection task and the conditional inference task are summarised, and contrasted with the matching bias approach. It is argued that the probabilistic contrast class account provides a unified, rational explanation for effects across these tasks. Moreover, there are results that are only explained by the contrast class account that are also discussed. The only major anomaly is the explicit negations (...) effect in the selection task (Evans, Clibbens, & Rood, 1996), which it is argued may not be the result of normal interpretative processes. It is concluded that the effects of negation on human reasoning provide good evidence for the view that human reasoning processes may be rational according to a probabilistic standard. (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)

My article is about legal interpretation, but not about the question: how to interpret the law. Rather its aim is to make us consider seriously the question: Why is interpretation central to legal practices? After all not all normative practices assign interpretation such a central role. In this regard the law contrasts with morality. The reason for the contrast has to do with the status of sources in the law. There are no “moral sources” while legal (...) sources are central to the law. Legal interpretation is primarily—I will suggest—the interpretation not of the law, but of its sources. To understand why interpretation is central to legal practices requires understanding the role of sources in the law: the reasons for having them, and hence also the ways in which they should be treated. I will show how reflections about these topics connect with some traditional jurisprudential puzzles, such as the relations between law and morality. Are there gaps in the law? Is the law or its interpretation objective or subjective? (shrink)

This paper presents a phenomenon of colloquial English that we call Contrastive Reduplication (CR), involving the copying of words and sometimes phrases as in It’s tuna salad, not SALAD-salad, or Do you LIKE-HIM-like him? Drawing on a corpus of examples gathered from natural speech, written texts, and television scripts, we show that CR restricts the interpretation of the copied element to a ‘real’ or prototypical reading. Turning to the structural properties of the construction, we show that CR is unusual (...) among reduplication phenomena in that whole idioms can be copied, object pronouns are often copied (as in the second example above), and inflectional morphology need not be copied. Thus the ‘scope’ of CR cannot be defined in purely phonological terms; rather, a combination of phonological, morphosyntactic, syntactic, and lexical factors is involved. We develop an analysis within the parallel architecture framework of Jackendoff (1997, 2002), whereby CR is treated as a lexical item with syntactic and semantic content and reduplicative phonology. We then sketch an alternative analysis, based on current assumptions within the Minimalist Program, which involves movement into a focus-like position with both the head and the tail of the resulting chain spelled out. (shrink)

The act of interpretation occurs in nearly every area of the arts and sciences. That ubiquity serves as the inspiration for the fourteen essays of this volume, covering many of the domains in which interpretive practices are found. Individual topics include: the general nature of interpretation and its forms; comparing and contrasting interpretation and hermeneutics; culture as interpretation seen through Hegel’s aesthetics; interpreting philosophical texts; methodologies for interpreting human action; interpretation in medical practice focusing on (...) manifestations as indicators of disease; the brain and its interpretative, structured, learning and storage processes; interpreting hybrid wines and cognitive preconceptions of novel objects; and the importance of sensory perception as means of interpreting in the case of dry German Rieslings. In an interesting turn, Nicholas Rescher writes on the interpretation of philosophical texts. Then Catherine Wilson and Andreas Blank explicate and critique Rescher’s theories through analysis of the mill passage from Leibniz’s _Monadology._. (shrink)

In a beautiful recent essay, the philosopher Walter Sinnott-Armstrong explains the reasons for his departure from evangelical Christianity, the religious culture in which he was brought up. Sinnot-Armstrong contrasts the interpretive methods used by good philosophers and fundamentalist believers: Good philosophers face objections and uncertainties. They follow where arguments lead, even when their conclusions are surprising and disturbing. Intellectual honesty is also required of scholars who interpret philosophical texts. If I had distorted Kant’s view to make him reach a conclusion (...) that I preferred, then my philosophy professor would have failed me. The contrast with religious reasoning is stark. My Christian friends seemed happy to hide serious problems in the Bible and in their arguments. They preferred comfort to intellectual honesty. I couldn’t. To what extent can we, historians of philosophy, claim the virtue of intellectual honesty? Speaking frankly, I do not find the practice criticized by Sinnot-Armstrong’s philosophy professor rare or unusual at all. We very frequently distort the views of past philosophers in order to reach the conclusions we prefer. We just call it “Charitable Interpretation.” In this essay, I discuss and criticize the logic behind so-called charitable interpretations in the history of philosophy. This phenomenon is ubiquitous and is not at all restricted to a particular philosophical strand or ideology. Analytic philosophers and post-modernists, Marxists, liberals, secularists, and fundamentalists, we all engage in the very same domestication project. Even more disturbing than the sheer ideological pervasiveness of this phenomenon is the fact that, on many occasions, superb philosophers and historians take part in this fairly childish endeavor. In the first part of this essay, I discuss the general logic of charitable interpretations in the history of philosophy, mostly by addressing discussions in metaphysics and epistemology. In the second part, I focus on the somewhat less noticed use of charitable interpretations in the study of political philosophy, and point out the quintessential role ideology plays in these discussions. In both parts, I concentrate mostly on the interpretation of Spinoza’s thought. I do so not because I have special fondness for Spinoza (“guilty as charged,” I admit), but because Spinoza is such a beast (and may I add, an enchanting beast) and attracts a disproportionate share of the domestication efforts from historians and philosophers of all creeds and persuasions. In the third and final part of the paper, I will begin to outline an alternative methodology, which suggests that past philosophers can be most relevant to our current philosophical discussion, to the extent that they provide us with well-motivated challenges to our common-sense beliefs. Such challenges have the invaluable virtue of being able to undermine our most fundamental and secure beliefs, and force us to engage with the most fundamental questions. What more can we expect from good philosophy? (shrink)

This study investigates the phonetics of German nuclear rise-fall contours in relation to contexts that trigger either a contrastive or a non-contrastive interpretation in the answer. A rise-fall contour can be conceived of a tonal sequence of L-H-L. A production study elicited target sentences in contrastive and non-contrastive contexts. The majority of cases realized showed a nuclear rise-fall contour. The acoustic analysis of these contours revealed a significant effect of contrastiveness on the height / alignment of the accent peak (...) as a function of focus context. On the other hand, the height / alignment of the low turning point at the beginning of the rise did not show an effect of contrastiveness. In a series of semantic congruency perception tests participants judged the congruency of congruent and incongruent context-stimulus pairs based on three different sets of stimuli: (i) original data, (ii) manipulation of accent peak, and (iii) manipulation of the leading low. Listeners distinguished nuclear rise-fall contours as a function of focus context (experiment 1 and 2), however not based on manipulations of the leading low (experiment 3). The results suggest that the alignment and scaling of the accentual peak are sufficient to license a contrastive interpretation of a nuclear rise-fall contour, leaving the rising part as a phonetic onglide, or as a low tone that does not interact with the contrastivity of the context. (shrink)

In contrast to the robust mutual interpretability phenomenon in set theory, Ali Enayat proved that bi-interpretation is absent: distinct theories extending ZF are never bi-interpretable and models of ZF are bi-interpretable only when they are isomorphic. Nevertheless, for natural weaker set theories, we prove, including Zermelo–Fraenkel set theory $\mathrm {ZFC}^{-}$ without power set and Zermelo set theory Z, there are nontrivial instances of bi-interpretation. Specifically, there are well-founded models of $\mathrm {ZFC}^{-}$ that are bi-interpretable, but not isomorphic—even (...) $\langle H_{\omega _1},\in \rangle $ and $ \langle H_{\omega _2},\in \rangle $ can be bi-interpretable—and there are distinct bi-interpretable theories extending $\mathrm {ZFC}^{-}$. Similarly, using a construction of Mathias, we prove that every model of ZF is bi-interpretable with a model of Zermelo set theory in which the replacement axiom fails. (shrink)

This paper attempts to account for the contrastive discourse connective (tam) tersine (‘on the contrary’) in Turkish discourse. We suggest that this connective evokes a discourse structure which has at least three parts: the material in the prior linguistic context, its refutation, and then rectification in the clause where the connective is hosted. Since negation is obligatory in the discourse context for refutation, we include a discussion of negation and we conclude that the obligatory negative clauses are instances of descriptive (...) negation rather than metalinguistic negation. We show that linguistic and cognitive contexts interact in producing and interpreting the discourse adverbial connective under discussion and the discourse structure in which it is used. It is claimed that (tam) tersine serves to bring closer the cognitive context of the intended audience to that of the writer’s while minimizing any potential discrepancies in the audience’s and the writer’s cognitive context. We argue that this discourse connective and the discourse it evokes are used in the argumentative mode. (shrink)

Background: As frail older people might have difficulties in expressing themselves, their needs are often interpreted by others, for example, by significant others, whose information health care staff often have to rely on. This, in turn, can put health care staff in ethically difficult situations, where they have to choose between alternative courses of action. One aspect that might be especially difficult to express is that of existential loneliness. We have only sparse knowledge about whether, and in what way, the (...) views of frail older persons and their significant others concerning existential loneliness are in concordance. Objective: To contrast frail older persons’ experiences with their significant others’ perceptions of existential loneliness. Methods: A case study design was chosen for this study. Individual interviews with frail older persons and interviews with their significant others, as well as field notes, served as a basis for the study. A thematic analysis was used to interpret data. Ethical considerations: This study was conducted in accordance with the principles of research ethics. Findings: The findings showed three themes: Meaningless waiting in contrast to lack of activities, Longing for a deeper connectedness in contrast to not participating in a social environment and Restricted freedom in contrast to given up on life. Discussion: Knowledge about the tensions between older persons’ and their significant others’ views of existential loneliness could be of use as a basis for ethical reflections on the care of older people and in the encounter with their significant others. Conclusion: It is of importance that health care professionals listen to both the frail older person and their significant other and be aware of whose voice that the care given is based on, in order to provide care that is beneficial and not to the detriment of the older person. (shrink)

In this paper I introduce the notion of bilogics, namely logics interpreted over a pair of structures, in contrast to classical logic and many of its variations, the formulae of which are interpreted over one structure. In particular, I introduce and study Contrastive Logic, suitable for expressing contrast and conformity between the two structures involved.A major reason for this study is striving towards an extension of truth-conditional semantics to cover several natural-language particles, which have been hitherto considered not (...) to be amenable to such an extensional treatment, and were delegated to the level of non-extensional pragmatics. Examples of such particles are but and already. (shrink)

Interpretation becomes important when direct understanding is either lacking or inadequate. Observational understanding is geared to the world conceived on the model of nature outside of us and is directed by the goals of the natural sciences. Reflective understanding by contrast conceives the world as a sphere in which we participate and is more in line with how the human sciences, which include all the humanities and some of the more critically oriented social sciences, approach their subject matter. (...) This chapter aligns observational understanding with the intellectual faculty of Verstand and reflective understanding with the power of Verstehen. To attain critical hermeneutics, we must be able to account for both kinds of understanding by considering them as part of a more full‐fledged theory of judgment. We can initiate this by developing what Kant has to say about a range of judgments and prejudgments whereby we orient ourselves to the world. (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)

Following an initial discussion of the general nature of interpretation in contemporary psychology, and social and natural science, relevant views of Charles Taylor and Thomas Kuhn are considered in some detail. Although both Taylor and Kuhn agree that interpretation in the social or human sciences differs in some ways from interpretation in the natural sciences, they disagree about the nature and origins of such difference. Our own analysis follows, in which we consider differences in interpretation between (...) the natural and social sciences in terms of Ian Hacking's use of Elizabeth Anscombe's conceptualization of actions as intentional acts under particular descriptions. We conclude that both Taylor and Kuhn are correct to point to differences in interpretation between the natural and social sciences. We also argue that in psychology, such interpretive differences, contra Kuhn and pro Taylor, are qualitative rather than quantitative. They arise from the nature of persons as self-interpretive, reactive beings who act under socioculturally sanctioned, linguistic descriptions. The actions of psychological persons may display qualitative differences over time and across contexts as these descriptions, including social scientific and psychological findings and interpretations, change. In contrast, even when descriptions in natural science change, such changes do not spawn changes in the self-interpretations and intentional actions of the focal phenomena of natural science. We also make the point that much current confusion surrounding interpretation in science arises from the unwarranted tendency of some commentators to treat interpretation as subjective, in ways that ignore the objective grounding of interpretation within regulated social practices, including scientific practices sanctioned by scientific communities. (shrink)

Plato and Aristotle were very much alive between the fifteenth and the seventeenth centuries. The essays in this volume investigate the interaction, both in terms of harmony and contrast, between the two philosophers in early modernity, that is in a time when long-forgotten texts became available and a new philological awareness was on the rise. Dealing with famous and less famous early modern interpreters and philosophers, in a transnational and translinguistic perspective, this volume reveals the agendas behind the discussions (...) on Plato's and Aristotle's philosophies. In studying these texts, it is hard to imagine a more significant collision of big names with big ideas. This project takes us to the centre of the intellectual life of the period and its most exciting debates. (shrink)

Although the presence or absence of a pitch accent clearly can play an important role in signaling the discourse and information structure of an utterance, whether the form of an accent determines the type of information it conveys is more controversial. We used an eye‐tracking paradigm to investigate whether H*, which has been argued to signal new information, evokes different eye fixations than L+H*, which has been argued to signal the presence of contrast. Our results demonstrate that although listeners (...) interpret these accents differently, their interpretive domains overlap. L+H* creates a strong bias toward contrast referents whereas H* is compatible with both new and contrast referents. (shrink)

I argue for a subsumption of any version of Grice’s first quantity maxim posited to underlie scalar implicature, by developing the idea of implicature recovery as a kind of explanatory inference, as e.g. in science. I take the applicable model to be contrastive explanation, while following van Fraassen’s analysis of explanation as an answer to a why-question. A scalar implicature is embedded in such an answer, one that meets two probabilistic constraints: the probability of the answer, and ‘favoring’. I argue (...) that besides having application at large, outside of linguistic interpretation, these constraints largely account not only for implicatures based on strength order, logical and otherwise, but also for unordered cases. I thus suggest that Grice’s maxim and its descendants are expressions of general explanatory constraints, as they happen to be manifested in this particular explanatory task. I conclude by briefly discussing how I accordingly view Grice’s system outside of scalar implicature. (shrink)

To engage in radical interpretation is to set about investigating the meanings of utterances in some completely unknown language. It has been suggested that reflection on how such interpretation should proceed will throw light on the nature of meaning. This chapter concerns proposals of Donald Davidson and aims to locate his views in a broader context and to consider alternative approaches. Davidson's proposed radical interpretation starts in a place which is either not available or is not radical. (...) The chapter discusses the location of radical interpretation within the broader field of philosophy, and identifies some of the options and their presuppositions. It outlines the ideas of Davidson, and considers their contrasts with alternative views, seeking to identify the crucial issues. The chapter argues that the questions about the nature of meaning and the possibility of radical interpretation are linked with other fundamental philosophical questions. (shrink)

The reputation and influence of Emmanuel Levinas has grown powerfully. Well known in France in his lifetime, he has since his death become widely regarded as a major European moral philosopher profoundly shaped by his Jewish background. A pupil of Husserl and Heidegger, Levinas pioneered new forms of exegesis with his post-modern readings of the Talmud, and as an ethicist brought together religious and non-religious, Jewish and non-Jewish traditions of contemporary thought. Richard A. Cohen has written a book which uses (...) Levinas' work as its base but goes on to explore broader questions of interpretation in the context of text-based ethical thinking. Levinas' reorientation of philosophy is considered in critical contrast to alternative contemporary approaches such as those found in modern science, psychology, Nietzsche, Freud, Husserl, Heidegger, Sartre, Merleau-Ponty, Derrida and Ricoeur. Cohen explores a manner of philosophizing which he terms 'ethical exegesis'. (shrink)

A critical issue for the future growth of socially responsible investment (SRI) is to what extent institutional investors such as pension funds can be persuaded to engage in it. This paper considers attempts at justifying such engagement stemming from a range of (re-)interpretations of the fiduciary duties owed by pension funds to their beneficiaries, and thereby develops a hypothesis concerning the most effective political or legal remedy. Previous commentary suggests that fiduciary duty either already mandates SRI for pension funds, or (...) at least can be made to do so rather easily. In contrast with this, however, this paper finds that none of the considered interpretations is able to justify engagement on social and environmental issues across the board. Indeed, the problem to some extent seems rooted in the very concept of fiduciary duty. The paper is relevant to current attempts at justifying SRI through reinterpretations of fiduciary duty, provided mainly by legal scholars and practitioners. By addressing the more philosophical issue of how far the concept of fiduciary duty can be “stretched” to accommodate SRI (a project of conceptual rather than legal clarification), it provides an evaluation of the contemporary debate which is independent of squabbles about existing law. The paper shows that there are conceptual limits to attempts at redefining fiduciary duty. But this does not mean that pension funds' engagement in SRI is unjustified or unjustifiable more generally. A more promising way to legally mandate SRI may be through what is dubbed independent social and environmental obligations. (shrink)

Engaging the argument that human rights discourse and activities stand in opposition to (or at least in tension with) the beliefs and activities of religious communities, the author identifies twelve different models of possible relationships between the moral commitments of human rights advocates and the moral and religious commitments of religious (particularly Christian) communities. On the basis of this map of the range of relationships, the author suggests that the two modes of discourse will inevitably be both competitive and cooperative. (...) Holding that both normative universes are necessary, he interprets the dissonance in a mood of modesty and hope, focusing attention on the possibility of complementarity. (shrink)

Two experiments were designed to test the hypothesis that the nature of the remember–know instructions given to participants influences whether these responses reflect different memory states or different degrees of memory confidence. Participants studied words and nonwords, a variable that has been shown to dissociate confidence from remember–know judgments and were given a set of published remember–know instructions that either emphasized know judgments as highly confident or as less confident states of recognition. Experiment 1 replicated the standard finding showing that (...) remembering and knowing were differently influenced by the word–nonword variable, whereas confidence responses were not. By contrast, Experiment 2 showed a similar pattern of data for remember–know and sure–unsure responses, thus demonstrating the importance of the instructions for interpreting the relationship between remembering and knowing and confidence. (shrink)

The Wigner--Eckart theorem is central to the application of symmetry principles throughout atomic, molecular, and nuclear physics. Nevertheless, the theorem has a puzzling feature: it is dispensable for solving problems within these domains, since elementary methods suffice. To account for the significance of the theorem, I first contrast it with an elementary approach to calculating matrix elements. Next, I consider three broad strategies for interpreting the theorem: conventionalism, fundamentalism, and conceptualism. I argue that the conventionalist framework is unnecessarily pragmatic, (...) while the fundamentalist framework requires more ontological commitments than necessary. Conceptualism avoids both defects, accounting for the theorem's significance in terms of how it epistemically restructures the calculation of matrix elements. Specifically, the Wigner--Eckart theorem modularizes and unifies matrix element problems, thereby changing what we need to know to solve them. (shrink)

Genre has been a critical issue in discourse analysis as well as in other disciplines. Based on a literature review of the concept of genre and taking judgments as one type of genre in legal settings, the present study provides a corpus-based insight into the nature of genre. The literature review per se reveals that genre has one typical feature of a sign, that is, being subject to multiple and alternative interpretations; in other words, genre as a sign may have (...) various interpretants. The present study unravels the actual generic structures, distinguishes different types of generic structures within the given genre, and then defines the dominant generic structure of judgments in Hong Kong, Taiwan, and Mainland China. This study also examines and contrasts the generic structure potential of judgments in each jurisdiction. In addition, the variation of Mainland China's judgments over time is briefly discussed. Comparing the generic structures of judgments among the three jurisdictions, as well as the structures of judgments in Mainland China over time, the paper argues that genre also has the essential features of a sign, that is, the characteristics of temporality and spatiality. (shrink)

oscula suspensis instabant carpere palmis oscula et alterna ferre supina fuga. It has been held that ferre is here to be taken for Φέρεσθαι oscula ferre is a fairly common phrase; I have met with it in twenty-two other passages down to Apuleius, in eighteen of which the meaning dare oscula is certain and in two more it is appropriate. The two exceptions are Ov. Her. 15. 101 non tecutn lacrimas, non oscula nostra tulisti and ibid 16. 253 f. oscula (...) si natae dederas, ego protinus ilia / Hermiones tenero laetus ab ore tuli. Neither offers a true parallel to the use attributed to Propertius , and in both the sense ‘bear away’ is made unmistakable by other words . As a matter of usage, then, it is justifiable to assume the meaning ‘give a kiss’ for this phrase, unless something else is plainly indicated. Further, the Propertian lines gain in point by the contrast between carpere ‘snatch’ and ferre ‘bring’. (shrink)

:This paper explores the contrast between mentalistic and behaviouristic interpretations of decision theory. The former regards credences and utilities as psychologically real, while the latter regards them as mere representations of an agent's preferences. Philosophers typically adopt the former interpretation, economists the latter. It is argued that the mentalistic interpretation is preferable if our aim is to use decision theory for descriptive purposes, but if our aim is normative then the behaviouristic interpretation cannot be dispensed with.

This article examines the interpretation of Parmenides’ prologue (28 B 1, 1-30 DK) in Sextus’ account of the Criterion of Truth (M. vii 49-260). It proceeds by three ap- proaches, each telling part of the story regarding Sextus’ sources. The rst identi es two sets of source-material by means of the ideas and language. Here basic features of the interpre- tation of the prologue emerge. The second discusses why 28 B 1, 1-30 and 28 B 7, 2-B 8, 2 (...) DK are treated as one continuous whole, showing the kind of interpretation involved in a deliberate decision: making 28 B 8, 1-2 DK into a natural conclusion, referring to a path and to ambition (thymos) as 28 B 1, 1-2 DK had done. The third compares the prologue’s tech- nique of interpretation with the rst of two interpretations of Xenophanes, the interpretation of Pythagorean verse, and the rst of two interpretations of Empedocles, showing how these contrast sharply with the interpretation of Parmenides 28 B 7, 2-B 8, 2 DK and material linked with the briefer source. The amalgamation had originally helped assimilate Parmenides to Plato. Hence the amalgamator is seen as a Platonist with strong literary interests and skilled in the use of quotation. It is no accident that the discursive source is linked with the tradition of Timaeus-interpretation. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Interpreting Arnauld ed. by Elmar J. KremerLisa DowningElmar J. Kremer, editor. Interpreting Arnauld. Toronto: University of Toronto Press, 1996. Pp. xi + 183. Cloth, $65.00.This attractive volume represents (with one exception) the proceedings of what was evidently a lively colloquium on Arnauld’s philosophy, held at the University of Toronto in 1994 to commemorate the three-hundredth anniversary of his death. Although Antoine Arnauld has been best known to contemporary (...) philosophers as the author of the fourth set of objections to Descartes’ Meditations, interest in Arnauld’s own philosophical thought appears to be on the rise within the Anglo-American philosophical community, as indicated by the publication, within the last eight years, of two new translations of his Des vrayes et des fausses idées (a philosophical polemic against Malebranche) and a new translation of the Port-Royal Logic that Arnauld co-authored with Pierre Nicole. This new collection, from an international group of contributors, is thus well-timed. The two main themes that emerge from the collection as a whole serve to indicate the potential importance of Arnauld scholarship to our understanding of seventeenth century philosophy.The first theme that unites most of the papers is that of the diversity of views that existed within the constellation of philosophers who identified in one way or another with the doctrines of René Descartes. Arnauld was, of course, one such Cartesian. Nevertheless, many of the papers take the differences between Descartes and Arnauld as their starting point. Peter Schouls sets up a general contrast between the modernity of Descartes’ thought, as founded on the validity of subjective consciousness, and the tradition-grounded character of Arnauld’s philosophy. Jill Vance Buroker focuses productively on Arnauld’s and Descartes’ opposing views on the nature of assertion and judgment. Alan Nelson uses Arnauld’s challenge to Descartes’ account of the material falsity of ideas as the basis for a controversial but fascinating reassessment of a range of crucial issues in Descartes scholarship: clarity and distinctness, objective reality, and representation, as well as material falsity. Jean-Luc Solère’s contribution (described further below) documents the fact that significant philosophical debates existed, not [End Page 367] just within Cartesianism, but even within the still narrower Jansenist community that agreed in taking Augustine and Descartes as their philosophical models. In thus highlighting and documenting the diversity and richness of Cartesianism, the collection provides a valuable contribution to the history of philosophy. This theme is also very much present in the essays by Ndiaye, Kremer, and Carraud, which are discussed below.The second theme, shared by the majority of the papers, is that of philosophical theology. As Elmar Kremer remarks in his editor’s introduction (p. ix), while Arnauld himself held that philosophy and theology are distinguishable disciplines, the volume as a whole documents their many interconnections in his work. These interconnections are especially well brought out in the contributions by Kremer, Solère, and Sleigh. Kremer argues that we can understand three of Arnauld’s key departures from Descartes (with respect to the nature of body, the production of sensory ideas, and divine omnipotence) as motivated by his Christian commitments. Solère contends, in his intricate and illuminating essay, that Arnauld’s views about the metaphysical status of known truths (that they are relations in our minds, rather than entities in God grasped by us) are connected to a debate about the savability of non-Christians, and that his disputant, Pierre Nicole, developed an account of implicit or indirect knowledge in order to accommodate his commitment to general grace, a divine illumination had by everyone. Robert Sleigh’s essay considers the difficult question of how Arnauld wished to reconcile his doctrine of efficacious grace with human freedom: Arnauld clearly advocated some sort of compatibilism, but what sort, exactly? Although Sleigh admits that he cannot give an unambiguous defense of a single answer, his map of the territory is very valuable indeed. Other topics in philosophical theology touched on in the collection are the epistemology of papal infallibility (discussed by Thomas Lennon), miracles (discussed by Graeme Hunter) and divine omnipotence. This last topic (which is connected both to the question of the... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Interpreting Arnauld ed. by Elmar J. KremerLisa DowningElmar J. Kremer, editor. Interpreting Arnauld. Toronto: University of Toronto Press, 1996. Pp. xi + 183. Cloth, $65.00.This attractive volume represents (with one exception) the proceedings of what was evidently a lively colloquium on Arnauld’s philosophy, held at the University of Toronto in 1994 to commemorate the three-hundredth anniversary of his death. Although Antoine Arnauld has been best known to contemporary (...) philosophers as the author of the fourth set of objections to Descartes’ Meditations, interest in Arnauld’s own philosophical thought appears to be on the rise within the Anglo-American philosophical community, as indicated by the publication, within the last eight years, of two new translations of his Des vrayes et des fausses idées (a philosophical polemic against Malebranche) and a new translation of the Port-Royal Logic that Arnauld co-authored with Pierre Nicole. This new collection, from an international group of contributors, is thus well-timed. The two main themes that emerge from the collection as a whole serve to indicate the potential importance of Arnauld scholarship to our understanding of seventeenth century philosophy.The first theme that unites most of the papers is that of the diversity of views that existed within the constellation of philosophers who identified in one way or another with the doctrines of René Descartes. Arnauld was, of course, one such Cartesian. Nevertheless, many of the papers take the differences between Descartes and Arnauld as their starting point. Peter Schouls sets up a general contrast between the modernity of Descartes’ thought, as founded on the validity of subjective consciousness, and the tradition-grounded character of Arnauld’s philosophy. Jill Vance Buroker focuses productively on Arnauld’s and Descartes’ opposing views on the nature of assertion and judgment. Alan Nelson uses Arnauld’s challenge to Descartes’ account of the material falsity of ideas as the basis for a controversial but fascinating reassessment of a range of crucial issues in Descartes scholarship: clarity and distinctness, objective reality, and representation, as well as material falsity. Jean-Luc Solère’s contribution (described further below) documents the fact that significant philosophical debates existed, not [End Page 367] just within Cartesianism, but even within the still narrower Jansenist community that agreed in taking Augustine and Descartes as their philosophical models. In thus highlighting and documenting the diversity and richness of Cartesianism, the collection provides a valuable contribution to the history of philosophy. This theme is also very much present in the essays by Ndiaye, Kremer, and Carraud, which are discussed below.The second theme, shared by the majority of the papers, is that of philosophical theology. As Elmar Kremer remarks in his editor’s introduction (p. ix), while Arnauld himself held that philosophy and theology are distinguishable disciplines, the volume as a whole documents their many interconnections in his work. These interconnections are especially well brought out in the contributions by Kremer, Solère, and Sleigh. Kremer argues that we can understand three of Arnauld’s key departures from Descartes (with respect to the nature of body, the production of sensory ideas, and divine omnipotence) as motivated by his Christian commitments. Solère contends, in his intricate and illuminating essay, that Arnauld’s views about the metaphysical status of known truths (that they are relations in our minds, rather than entities in God grasped by us) are connected to a debate about the savability of non-Christians, and that his disputant, Pierre Nicole, developed an account of implicit or indirect knowledge in order to accommodate his commitment to general grace, a divine illumination had by everyone. Robert Sleigh’s essay considers the difficult question of how Arnauld wished to reconcile his doctrine of efficacious grace with human freedom: Arnauld clearly advocated some sort of compatibilism, but what sort, exactly? Although Sleigh admits that he cannot give an unambiguous defense of a single answer, his map of the territory is very valuable indeed. Other topics in philosophical theology touched on in the collection are the epistemology of papal infallibility (discussed by Thomas Lennon), miracles (discussed by Graeme Hunter) and divine omnipotence. This last topic (which is connected both to the question of the... (shrink)

The proposition that Tweety is a bird coheres better with the proposition that Tweety has wings than with the proposition that Tweety cannot fly. This relationship of contrastive coherence is the focus of the present paper. Based on recent work in formal epistemology we consider various possibilities to model this relationship by means of probability theory. In a second step we consider different applications of these models. Among others, we offer a coherentist interpretation of the conjunction fallacy.

Proper interpretations of symbols of authority are important for navigating both our cultural settings and the contours of Scripture. This paper looks at the ways the Book of Revelation contrasts images of competing authoritative kings, asking the question, who is worthy of worship, Caesar or Christ? In the African Folk-Islamic context of the Makua-Metto people of Mozambique, familiar national and traditional symbols of authority provide a framework for a robust reading of John’s Apocalypse.

Cet article rend compte d'une vingtaine de publications récentes consacrées à l'interprétation du Cantique des cantiques, depuis les Pères de l'Église et les Médiévaux jusqu'aux exégètes modernes en passant par le Targum du Cantique . Le panorama des interprétations ainsi offert est très contrasté. Le Cantique offre un terrain d'observation idéal du rapport entre un texte biblique et son lecteur.

My article is about legal interpretation, but not about the question: how to interpret the law. Rather its aim is to make us consider seriously the question: Why is interpretation central to legal practices? After all not all normative practices assign interpretation such a central role. In this regard the law contrasts with morality. The reason for the contrast has to do with the status of sources in the law. There are no “moral sources” while legal (...) sources are central to the law. Legal interpretation is primarily—I will suggest—the interpretation not of the law, but of its sources. To understand why interpretation is central to legal practices requires understanding the role of sources in the law: the reasons for having them, and hence also the ways in which they should be treated. I will show how reflections about these topics connect with some traditional jurisprudential puzzles, such as the relations between law and morality. Are there gaps in the law? Is the law or its interpretation objective or subjective? (shrink)

What is the relationship between natural science, social science, and religion? The dominant paradigm in contemporary social science is scientism, the attempt to apply the methods of natural science to the study of society. However, scientism is problematic: it rests on a conception of natural science that cannot be sustained. Natural scientific understanding emerges from an instrumental and objectifying relation to the world; it is oriented toward control and manipulation of the physical world. Social‐scientific understanding, by contrast, must begin (...) with a practical and meaningful relation to the world: it is oriented toward the mediation of values and objective possibilities in the social world. Social science is therefore a form of practical reason based on objective claims. But while social‐scientific understanding starts with interpretation, its possibilities by no means end there. In particular, by developing abstract and objectified models of society as a system, social science opens existing social organization to critical reflection. Religion, by contrast, is a form of speculative reason about ultimate values, based on subjective claims of religious experience. Social science nevertheless shares with religion an orientation toward values and concern with the “good life.”. (shrink)

The research focuses on the problem of interpretation of such a concept as the origin, which is ultimate for philosophical thought and bases existentially oriented constructions of Franz Rosenzweig and Martin Heidegger. It is argues in this paper the fundamental difference between the interpretations of the origin in “The Star of Redemption» and in «Being and Time”, despite all points of intersection and coincidences that bring closer together dialogical and existential-historical thinking. Such differentiation of positions is determined by the (...) necessity both to neutralize romantic connotations, which expose the origin ( Ursprung ) as abyss ( Abgrund ), and to methodologically clarify the possibility not so much to think as to practically assert a limited and unclosed within itself integral being, including ontological and ethical dimensions. The origin of oblivion and renewal, imposed by Heidegger’s hermeneutics of facticity, is contrasted with Rosenzweig's origin of the “eternal overworld”, reconstructed on the basis of Herman Cohen's religio-philosophical intuitions and his analysis of the infinitesimal as a principle of reality. Rosenzweig’s position, which aims at a correlative consideration of the purely logical content of the infinitesimal quantity (almost-Nothing) and the existential experience of the finiteness of everything, is favorably distinguished by the absence of a one-sided focus on recalling, where fore-running although is declared, but it is immediately restrained by being-towards-death. As a result, Rosenzweig’s dialogism turns out to be free from overestimating what Heidegger’s interpretation calls resoluteness, which in fact is not much different from paralysis in the clearance of being. Cohen’s problem of an infinite task's realization, being actualized in Rosenzweig’s conception, allows to go beyond being-towards-death in juxtaposing the trajectories of initial elements into a true gestalt. (shrink)

The main publicity poster for Olivier Nakache’s and Eric Toledano’s recent film Intouchables (The Intouchables [2011]) features two men side-by-side, grinning ear-to-ear. The image is oddly difficult to interpret. For French cinema initiates, the contrast should be striking. Seated to the left is François Cluzet, long one of the France’s more versatile leading actors; huddled over him on the right is Omar Sy, a French-born comedian of Senegalese and Mauritanian descent who, prior to playing this role, was largely unknown (...) to the French public. Those unfamiliar with the actors will note, at the very least, their different attire; Cluzet’s patterned ascot and Sy’s green hooded sweatshirt signal clear class .. (shrink)