The interpretation-construction distinction, which marks the difference between linguistic meaning and legal effect, is much discussed these days. I shall argue that the distinction is both real and fundamental – that it marks a deep difference in two different stages in the way that legal and political actors process legal texts. My account of the distinction will not be precisely the same as some others, but I shall argue that it is the correct account and captures the essential insights of (...) its rivals. This Essay aims to mark the distinction clearly! The basic idea can be explained by distinguishing two different moments or stages that occur when an authoritative legal text is applied or explicated. The first of these moments is interpretation – which I shall stipulate is the process that recognizes or discovers the linguistic meaning or semantic content of the legal text. The second moment is construction – which I shall stipulate is the process that gives a text legal effect. I shall then claim that the difference between interpretation and construction is real and fundamental. Although the terminology could vary, legal theorists cannot do without the distinction. One more preliminary point: the topic of this Essay is narrow and conceptual. This Essay, has three goals: to explicate the nature of the interpretation-construction distinction, to argue that this distinction marks a real difference, and to suggest that the distinction is helpful in that it enables legal theorists to clarify the nature of important debates, for example debates about constitutional interpretation. The Essay does not offer any particular theory of interpretation or construction – that it is, it remains agnostic about questions as to how linguistic meaning can be discerned or how legal content ought to be determined. Nor does this theory offer an account of the history and origins of the distinction. Those topics are important, but raising them in this Essay might shift attention away from prior questions about the nature and value of the distinction itself. Here is the roadmap. In Part II, this Essay shall discuss two preliminary sets of ideas: vagueness and ambiguity, and semantic content and legal content. In Part III, this Essay shall use these preliminary ideas to answer the questions, "What is interpretation?" and "What is construction?" In Part IV, this Essay shall consider some objections to the interpretation-construction distinction. In Part V, this Essay shall develop the argument that the distinction is fundamental and indispensable. (shrink)

The problem of the individuation of laws, identified by Bentham, is dismissed as irrelevant to legal philosophy by some commentators. This paper presents individuation as crucial for understanding the cognitive processes underlying legal interpretation. It draws on the work of Maciej Zieliński and Teun van Dijk to show that legal interpretation is based on deriving legal rules qua semantic macrostructures from a legal text treated as a complex discourse. The Zieliński/van Dijk model also lends theoretical support to the interpretation-construction distinction (...) by explaining, in linguistic terms, the processes that take place during construction. (shrink)

_Interpretation and Construction_ examines the interpretation and products of intentional human behavior, focusing primarily on issues in art, law, and everyday speech. Focuses on artistic interpretation, but also includes extended discussion of interpretation of the law and everyday speech and communication. Written by one of the leading theorists of interpretation. Theoretical discussions are consistently centered around examples for ease of comprehension.

_Interpretation and Construction _examines the interpretation and products of intentional human behavior, focusing primarily on issues in art, law, and everyday speech. Focuses on artistic interpretation, but also includes extended discussion of interpretation of the law and everyday speech and communication. Written by one of the leading theorists of interpretation. Theoretical discussions are consistently centered around examples for ease of comprehension.

This collection of essays brings together the central lines of thought in Onora O'Neill's work on Kant's philosophy, developed over many years. Challenging the claim that Kant's attempt to provide a critique of reason fails because it collapses into a dogmatic argument from authority, O'Neill shows why Kant held that we must construct, rather than assume, the authority of reason, and how this can be done by ensuring that anything we offer as reasons can be followed by others, including others (...) with whom we disagree. She argues that this constructivist view of reasoning is the clue to Kant's claims about knowledge, ethics and politics, as well as to his distinctive accounts of autonomy, the social contract, cosmopolitan justice and scriptural interpretation. Her essays are a distinctive and illuminating commentary on Kant's fundamental philosophical strategy and its implications, and will be a vital resource for scholars of Kant, ethics and philosophy of law. (shrink)

A number of classical theories are interpreted in analogous theories that are based on intuitionistic logic. The classical theories considered include subsystems of first- and second-order arithmetic, bounded arithmetic, and admissible set theory.

A number of classical theories are interpreted in analogous theories that are based on intuitionistic logic. The classical theories considered include subsystems of first- and second-order arithmetic, bounded arithmetic, and admissible set theory.

Gödel's dialectica interpretation of Heyting arithmetic HA may be seen as expressing a lack of confidence in our understanding of unbounded quantification. Instead of formally proving an implication with an existential consequent or with a universal antecedent, the dialectica interpretation asks, under suitable conditions, for explicit ‘interpreting’ instances that make the implication valid. For proofs in constructive set theory CZF‐, it may not always be possible to find just one such instance, but it must suffice to explicitly name a (...) set consisting of such interpreting instances. The aim of eliminating unbounded quantification in favor of appropriate constructive functionals will still be obtained, as our ∧‐interpretation theorem for constructive set theory in all finite types CZFω‐ shows. By changing to a hybrid interpretation ∧q, we show closure of CZFω‐ under rules that – in stronger forms – have already been studied in the context of Heyting arithmetic. In a similar spirit, we briefly survey modified realizability of CZFω‐ and its hybrids. Central results of this paper have been proved by Burr 2000a and Schulte 2006, however, for different translations. We use a simplified interpretation that goes back to Diller and Nahm 1974. A novel element is a lemma on absorption of bounds which is essential for the smooth operation of our translation. (shrink)

According to the standard view, the so-called ‘Copenhagen interpretation’ of quantum mechanics originated in discussions between Bohr and Heisenberg in 1927, and was defended by Bohr in his classic debate with Einstein. Yet recent scholarship has shown Bohr’s views were never widely accepted, let alone properly understood, by his contemporaries, many of whom held divergent views of the ‘Copenhagen orthodoxy’. This paper examines how the ‘myth of the Copenhagen interpretation’ was constructed by situating it in the context of Soviet Marxist (...) critique of quantum mechanics in the 1950s and the response by physicists such as Heisenberg and Rosenfeld. (shrink)

We give a formal interpretation of Martin-Löf's Constructive Theory of Types in Elementary Topos Theory which is presented as a formalised theory with intensional equality of objects. Types are interpreted as arrows and variables as sections of their types. This is necessary to model correctly the working of the assumption x ∈ A. Then intensional equality interprets equality of types. The normal form theorem which asserts that the interpretation of a type is intensional equal to the pullback of its (...) “alignment” along some “base” arrow relates this interpretation to categorical semantic of types. (shrink)

The analysis of atomic sentences and their subatomic components poses a special problem for proof-theoretic approaches to natural language semantics, as it is far from clear how their semantics could be explained by means of proofs rather than denotations. The paper develops a proof-theoretic semantics for a fragment of English within a type-theoretical formalism that combines subatomic systems for natural deduction [20] with constructive (or Martin-Löf) type theory [8, 9] by stating rules for the formation, introduction, elimination and equality (...) of atomic propositions understood as types (or sets) of subatomic proof-objects. The formalism is extended with dependent types to admit an interpretation of non-atomic sentences. The paper concludes with applications to natural language including internally nested proper names, anaphoric pronouns, simple identity sentences, and intensional transitive verbs. (shrink)

The article proposes that the objects of study in the social sciences are built into routines of interactions that we named interpretative communities. These adopt different qualities from those of an interview, because they are beyond the negotiations and agreements established by individuals to point out their positions in the development of knowledge. Moreover, from the perspective of interpretive communities, it becomes possible to identify biases that occur in the absence of epistemological vigilance in the task of specifying the theoretical (...) objects to achieve interpretive models, and promotes the use of reflexivity in community processes that report ontological security and reintegrate daily life. To develop these arguments a narrative axis is presented of the social scientist movements from a methodical solipsism towards a collective construction of knowledge. On this trajectory, life story helps to broaden the interview, also the dialogue facilitates the recognition of operational consensus that secures a sense of belonging and opens up the possibility to review the community appropriation by two perspectives, one of the subject co-producer of knowledge and one of the operating groups. El artículo propone que los objetos de estudio en las ciencias sociales se construyen dentro de rutinas de interacciones denominadas comunidades interpretativas, las cuales adoptan calidades distintas a las de una entrevista porque están más allá de las negociaciones y acuerdos que establecen los individuos para precisar sus posiciones en la elaboración de conocimientos. Además, desde la perspectiva de las comunidades interpretativas se hace posible identificar los sesgos que se producen por la ausencia de la vigilancia epistemológica en la tarea por especificar los objetos teóricos para lograr modelos interpretativos, y se promueve el uso de la reflexividad en los procesos comunitarios que reportan seguridad ontológica y reintegran el mundo de la vida. Para desarrollar estos argumentos se fija un eje narrativo en los desplazamientos del científico social desde un solipsismo metódico hacia la construcción colectiva de conocimiento. En su trayecto la historia de vida ayuda a ampliar la concepción de la entrevista y el tratamiento del diálogo facilita el reconocimiento de los consensos operativos que fijan un sentido de pertenencia y abren la posibilidad para revisar su apropiación comunitaria mediante dos perspectivas, la de los sujetos coproductores de conocimiento y la del grupo operativo. (shrink)

A notion of feasible function of finite type based on the typed lambda calculus is introduced which generalizes the familiar type 1 polynomial-time functions. An intuitionistic theory IPVω is presented for reasoning about these functions. Interpretations for IPVω are developed both in the style of Kreisel's modified realizability and Gödel's Dialectica interpretation. Applications include alternative proofs for Buss's results concerning the classical first-order system S12 and its intuitionistic counterpart IS12 as well as proofs of some of Buss's conjectures concerning IS12, (...) and a proof that IS12 cannot prove that extended Frege systems are not polynomially bounded. (shrink)

This article questions the aptness of ‘discourse analysis’ as a label for our field, and prefers the less reductionist concept of ‘Discourse Interpretation’. It does this through drawing on ideas from the field of philosophical hermeneutics – the theory and practice of interpreting texts. It operationalizes and adapts the construct of the Interpretive Arc from the philosophy of Paul Ricoeur in order to address issues that are central to discourse work, including that of how we warrant the validity of our (...) textual interpretations. The Interpretive Arc consists of six inter-linked phases, which the article presents and exemplifies through discussion of a single text – the story of Babel. Phase 1 of the arc defines readers as being in a state of Estrangement before the text because of the distancing created by its written or technological form. Phase 2 is that of Pre-view, the state of opinion or knowledge that readers bring to a text. At phase 3, a first reading forms readers’ Proto-understanding, their initial ‘guess’ at what the text means. Then processes of Analysis test and evidence the validity of alternative readings, limiting the interpretations which can plausibly be taken from a text. Three byways of interpretive analysis are challenged and discarded: the dominance of author intention, structuralist analysis and limitless polysemy. Analysis then leads into 5, the phase of informed Understanding of the matter or injunction of the text, of what is disclosed or unfolded before the text. The Interpretive Arc is completed in phase 6, Ownership. Here, through processes of critique of their own and the text’s ideologies and of fresh listening, readers are led to a new self formed by the matter of the text. There is a dialectic amongst Analysis, Understanding and Ownership, with each informing and modifying the other. The approach emphasizes interpretation as the heart of discourse work. The 3000-year-old narrative of Babel is a subject as well as an object here. It contributes to the matter of the article and its interpretation is interwoven with the theoretical substance. The story is shown to be an integrated narrative abounding in sophisticated linguistic techniques which show a delight in language. The traditional Christian and Western interpretation of Babel – as an affront to God which results in the curse of multilingualism – is challenged. A re-constructed interpretation informed by intertextual evidence reads the fault of Babel to be the people’s refusal to spread through the earth. Babel can be interpreted as a manifesto against the monolingual and monocultural impetus of empires ancient and contemporary. The multilingual outcome is a positive affirmation of sociocultural and linguistic diversity. (shrink)

To discuss the rationality of religious beliefs of the meaning of those beliefs must be made intelligible, sometimes to those who do not share our presuppositions. Is it possible to explain the meaning of such basic concepts as ‘Religion’, and ‘God’ without presupposing other religious concepts? The present paper is an attempt at such a radical interpretation of religion. This is done by wedding a full‐fledged constructivist epistemology with insights from the mystical traditions of the East and the West. How (...) such an epistemology can account for both the unity and plurality of religions is also indicated. In the process I give not only a new interpretation of ‘God’ but also suggest the reasons for the failure of the “proofs” for the existence of God. Thus, a new way is opened up for discussing the rationality of religious beliefs. (shrink)

Guo Xiang's ontological individualism represents a case of philosophical construction based on his interpretation of the Zhuangzi. His concept of the self-transformation of the individual who is self-born, with self-nature and without dependence on others supports the idea of individual autonomy. Nevertheless, each individual's act for self-interest still benefits other individuals in a non-teleological mutual accommodation. The path from duhua of each individual on the level of existence, to the xiangyin among individuals on the level of action consequence, to the (...) ideal of xuanming , is the path on which the world is to proceed. (shrink)

In the present paper we give a functional interpretation of Aczel's constructive set theories CZF − and CZF in systems T ∈ and T ∈ + of constructive set functionals of finite types. This interpretation is obtained by a translation × , a refinement of the ∧ -translation introduced by Diller and Nahm 49–66) which again is an extension of Gödel's Dialectica translation. The interpretation theorem gives characterizations of the definable set functions of CZF − and CZF in (...) terms of constructive set functionals. In a second part we introduce constructive set theories in all finite types. We expand the interpretation to these theories and give a characterization of the translation × . We further show that the simplest non-trivial axiom of extensionality is not interpretable by functionals of T ∈ and T ∈ + . We obtain this result by adapting Howard's notion of hereditarily majorizable functionals to set functionals. Subject of the last section is the translation ∨ that is defined in Burr for an interpretation of Kripke-Platek set theory with infinity. (shrink)

Guo Xiang’s ontological individualism represents a case of philosophical construction based on his interpretation of the Zhuangzi. His concept of the self-transformation of the individual who is selfborn, with self-nature and without dependence on others supports the idea of individual autonomy. Nevertheless, each individual’s act for self-interest still benefits other individuals in a non-teleological mutual accommodation. The path from duhua of each individual on the level of existence, to the xiangyin among individuals on the level of action consequence, to the (...) ideal of xuanming, is the path on which the world is to proceed. (shrink)

Of the many possible individual factors bearing on test preparation, one is how individuals’ motivational and cognitive perceptions affect test-driven preparation practices. This study reports an investigation into test preparation of a high-stakes writing test from the perspective of expectancy-value theory. Undergraduate students on their test preparation for the writing tasks of China’s Graduate School Entrance English Examination were recruited voluntarily from 11 universities in mainland China. The perceptions of GSEEE test takers, which included goal, task value, task demand, and (...) expectation of success, were identified. Five types of preparation practices were identified for the GSEEE writing tasks: memorizing practice, test familiarization, comprehensive learning, skills development and drilling practice. Structural equation modeling revealed that the expectancy-value model held up well for the paths from test takers’ perceptions to test-driven preparation practices, which were not construct-oriented but goal-motivated. The GSEEE test takers’ goal, determined by the high-stakes nature of admission test, explained their motivation and determined their behavior toward test preparation. Results also indicated that task demand was inadequate to be termed a strong factor in affecting test preparation. As such, the findings of this study offer evidence regarding how an expectancy-value model fit into test preparation mechanism and provide insights into the nature and scope of test preparation for high-stakes writing tests. (shrink)

This paper proposes a theoretical approach to discuss the relations among reality, chemists’ interactions with it, and the resulting interpretation and representation of the acquired scientific knowledge. Taking into account that such relations are of semiotic nature, this paper aims at discussing in the light of Peirce’s theory of signs different descriptions of chemical activity and chemical education proposed by Alex Johnstone and elaborated by other science educators. In order to discuss the contributions and limitations of the proposed theoretical framework, (...) and considering its potential interest for chemical education, an example on the communication strategies for the content ‘vapour pressure’ found in twentieth-century general chemistry university textbooks is also presented. (shrink)

This chapter contains section titled: Objects of Legal Interpretation Utterance Model of Legal Interpretation How the Law Is Different from Art Digression: Indeterminacy in Art and the Law Aims of Legal Interpretation and Conceptions of the Law Precedent and Judicial Authority Considerations of Prudence, Morality, and Justice: Judicial Liberty A Constructivist Conception of Legal Interpretation An Alternative View: Dworkin's Constructivism The Relevance of Intention: Con and Pro Conclusion Notes.

This article examines the nature of interpretation in regulation. Drawing on the work of Ronald Dworkin it considers two alternative theses of regulatory interpretation; the conversational thesis and the constructive thesis. The conversational thesis, which seems to find support in several contemporary writings on the use of rules in public administration, perceives regulatory interpretation as a method of interpretation that resembles the interpretation that people deploy in the course of a conversation in their attempt to understand and communicate with (...) their co-discussants. The constructive thesis describes regulatory interpretation as a dialectical practice whose ultimate objective is to meet the demand for new and better interpretations in accordance with the public standards that best justify regulatory practice. It will be argued that the constructive thesis offers a more appealing account of regulatory interpretation because it is better placed to accommodate two apparently conflicting intuitions with respect to interpretation in the regulatory domain. The first one is the idea that the meaning of regulatory provisions must not be entirely contingent on the beliefs and/or preferences of those conducting the interpretation, for otherwise interpretation collapses into a cynical game of rent-seeking and regulatory capture. The second intuition is that regulatory interpretation must be procedurally efficient. (shrink)

Gödel's dialectica interpretation of Heyting arithmetic HA may be seen as expressing a lack of confidence in our understanding of unbounded quantification. Instead of formally proving an implication with an existential consequent or with a universal antecedent, the dialectica interpretation asks, under suitable conditions, for explicit 'interpreting' instances that make the implication valid. For proofs in constructive set theory CZF-, it may not always be possible to find just one such instance, but it must suffice to explicitly name a (...) set consisting of such interpreting instances. The aim of eliminating unbounded quantification in favor of appropriate constructive functionals will still be obtained, as our ∧-interpretation theorem for constructive set theory in all finite types CZFω- shows. By changing to a hybrid interpretation ∧q, we show closure of CZFω- under rules that – in stronger forms – have already been studied in the context of Heyting arithmetic. In a similar spirit, we briefly survey modified realizability of CZFω- and its hybrids. Central results of this paper have been proved by Burr 2000a and Schulte 2006, however, for different translations. We use a simplified interpretation that goes back to Diller and Nahm 1974. A novel element is a lemma on absorption of bounds which is essential for the smooth operation of our translation. (shrink)

We define and investigate Heyting-valued interpretations for Constructive Zermelo–Frankel set theory . These interpretations provide models for CZF that are analogous to Boolean-valued models for ZF and to Heyting-valued models for IZF. Heyting-valued interpretations are defined here using set-generated frames and formal topologies. As applications of Heyting-valued interpretations, we present a relative consistency result and an independence proof.

Summary Covert encoding is one of the strategies available to languages for the encoding of motion, in which, in accordance with the laws of Gestalt, the meaning of an expression encoding motion is not coincident with the mere sum of the meanings of each of its constitutive units, relying on the mediation of grammatical and co(n)text­established knowledge for its interpretability. Moving on from a data set gathered for a previous study and adopting a holistic, constructional approach, several strategies were found (...) in a diachronic corpus of Italian, French and Spanish for the covert encoding of motion in such languages, based on whether the motion­interpretation attributed to the covert construction is mediated by either linguistic or extralinguistic knowledge. The diachronic investigation also showed that the use of such patterns is diachronically consistent in frequency, thus proving that such patterns of interaction between language and cognition may be regarded as functional for speakers of all languages and time stages, also confirming that a holistic, constructional approach to language study can help shed light on linguistic–cognitive phenomena on the basis of language variation and change. (shrink)

In First-World-War Britain, women's ambition to perform noncombatant duties for the military faced considerable public opposition. Nevertheless, by late 1916 up to 10,000 members of the female volunteer corps were working for the army, laying the foundation for some 90,000 auxiliaries of the official Women's Services, who filled support positions in the armed forces in the second half of the war. This essay focuses on the public debate in which the volunteers overcame their critics to understand how they obtained sufficient (...) popular consent for their martial work. I explain the process in terms of shifting hegemonic understandings of space. As critics' arguments in the debate indicate, the gender attribution of war participation was organized and represented spatially, assigning men to the warlike “front” as warriors and women to the peaceful “home” as civilians. To redefine the meaning of these gendered wartime spaces, women volunteers deployed rival spatial discourses and practices in their campaign for martial employment. The essay explores the progress of these competing definitions through feminist and spatial theories, including gender performativity, discursively constructed and constructive spaces, and heterotopias. I argue that the upheaval caused by the war in gender and spatial norms undermined absolute conceptualizations of space with dichotomous binary areas on which critics drew for their arguments and reinforced more recent, relative spatialities, including the cultural construction of militarized heterotopic sites in between and paralleling both “home” and “front” for soldiers in training or recovery. The volunteers' efforts to gain access to military employment both contributed to and were supported by this shift. Heterotopic sites offered ideal discursive locations for constructing the new gender role of auxiliary soldiering through the performance of martial training and work, and competing spatial definitions provided arguments through which they could justify their activities to both critics and supporters. (shrink)

Name der Zeitschrift: Semiotica Jahrgang: 2018 Heft: 225 Seiten: 383-403.

This paper is a re-reading of Colin Radford's paper 'The Umpire's Dilemma', published in Analysis in 1985. It argues that Radford's dilemma has been unjustly ignored and has interesting (and problematic) implications for both intuitionism and Ronald Dworkin's constructive interpretationist jurisprudence.