The paper discusses the status of shall in today’s legal drafting and legal translation, and by presenting typologies by a number of authors briefly addresses the variety of meanings it is used to express, in both legislation and contracts. It introduces the “shall dilemma” faced by non-native legal translators working both from and into English. The dilemma consists in the discrepancy between the promiscuous and abundant use of shall in authentic as well as translated documents, on the one hand, and (...) the recommendations found in various drafting manuals promoting either a shall-free policy or a disciplined use of shall, on the other hand. The research part presents the results of a survey carried out among a carefully chosen sample of professional legal translators to determine what their policy is on the use of shall. The results include both quantitative findings and additional comments made by the translators, and confirms the divide between actual practice and the recommendations. In the next section of the paper, the results are applied and a series of step-by-step exercises are introduced which should raise the awareness of legal translation trainees of the ambiguity of shall and teach them to use it in a reasoned and disciplined way. (shrink)

It is a well-acknowledged fact in legal translation studies that when searching for terminological equivalents, translators should make use of comparative conceptual analysis. Thus, legal translation trainees should be equipped with the necessary tools to carry out such analysis, but the question remains: are they? This paper is a follow-up to a study published in 2017, where modified think aloud protocols were used to explore the following research question: to what degree are university students doing a course in legal and (...) economic translation able to apply the methods of comparative conceptual analysis to translation of terms not accounted for sufficiently in legal dictionaries or terms with no straightforward equivalents. The results showed that major issues involve non-linearity of the analysis carried out and insufficient use of the resources available. The present study involves a different group of 29 BA students of the same course two years later, who were assigned the same task. As the retrospective protocols fail to simulate real-life conditions, this study uses screen recording and keystroke logging to track the processes leading to the identification of the conceptual equivalent in a more detailed and less subject-dependent manner. The results suggest that the steps most challenging for students include identification of relevant features defining the source and target language concepts, comparison of these features and selection, or creation, of an equivalent term reflecting the results of the analysis. Students also frequently show Google-driven searching, which influences the order of the steps performed in their analyses and the sources used. To address these challenges, translation training should include a range of tailor-made exercises focusing on the critical steps of the analysis as well as on improving web searching skills. (shrink)

By the Galvin–Mycielski–Solovay theorem, a subset X of the line has Borel’s strong measure zero if and only if $M+X\neq \mathbb {R}$ for each meager set M.A set $X\subseteq \mathbb {R}$ is meager-additive if $M+X$ is meager for each meager set M. Recently a theorem on meager-additive sets that perfectly parallels the Galvin–Mycielski–Solovay theorem was proven: A set $X\subseteq \mathbb {R}$ is meager-additive if and only if it has sharp measure zero, a notion akin to strong measure zero.We investigate the (...) validity of this result in Polish groups. We prove, e.g., that a set in a locally compact Polish group admitting an invariant metric is meager-additive if and only if it has sharp measure zero. We derive some consequences and calculate some cardinal invariants. (shrink)

Slovak education policy is an example of the kind of transformations occurring in the education spheres of postcommunist countries. While at the end of the 1990s, it seemed that education policy was still attempting to ensure that Slovakia caught up with education levels in western countries, the period that followed brought with it a shift towards neoliberalization of the education sector and towards the economization of education. Slovakia’s entry into the EU was accompanied by the total assimilation of the neoliberal (...) agenda within education and since then it can be said that Slovak education policy has followed a path towards so-called perpetual neoliberalism. The aim of this article is to show how education policy has developed within Slovak politics, in terms of how it is gradually adapting to neoliberal ideas. The article analyzes government documents from 1998 onwards, particularly Slovak government programs, which document the process of neoliberalization in education. (shrink)

This volume presents mathematical game theory as an interface between logic and philosophy.

The article deals with the problem of inductive learning and predicting in dynamic processes, which can be formally represented as time series of atomic events. The central notion of sequential event is characterised as a finite subsequence of adjacent atomic events in a series. In the first part of the article an algorythmic model of learning is introduced. The criterion of learning is based on the frequency of a particular sequential event and on the time-distance of its previous occurrences from (...) the moment of learning. The second part deals with the problem of evaluation of hypotheses in the process of predicting sequential events. A first order language of sequential events and axiomatic theory of sequential events are defined. The theory is proved to be consistent (a model of the theory is constructed). Then a probabilistic evaluation function for sequential events is defined as an analogy of Carnapian confirmation function. In the conclusion this probabilistic evaluation is discussed from the point of view of the foundations of probability. (shrink)

The pragmatist account of action in Brandom’s Making it Explicit offers a compelling defense of social embeddedness of acting. Its virtue consists of redefining the agent’s reasons for action in terms of her public commitments and entitlements. However, this account remains too intellectualist insofar as it neglects the embodied sense allowing the agent to respond to various situational demands and social constraints. In my article, I provide a less disembodied account of action that draws on Dreyfus’s emphasis on bodily skills (...) as constitutive aspects of intentional acting. Dreyfus’ notion of absorbed coping certainly highlights the role of body and affectivity in guiding the performance of action, but it ends up in underestimating the role of discursive and conceptual capacities in human agency. Against Dreyfus, I will demonstrate that involved and embodied coping not only answers to the demands of a given situation, but also involves responsiveness to reasons. My ambition is to defend a continuity between practical reasoning, i.e. our capacity to justify our performances through reasons, and our embodied coping skills, a continuity that has been overlooked by Brandom’s intellectualist and denied by Dreyfus’ anti-rationalist accounts. (shrink)

Love—for most of its theorists—involves thinking about certain further things that define what love is. Thus, according to some theories, love amounts to unconditional concern about the beloved’s well-being.1 Other theories, such as Troy Jollimore’s, suggest that love is a kind of appreciative response to the qualities of the beloved person.2 These viewpoints seem to require a particular kind of epistemic focus on the part of the lovers. You have to be clear about what promotes your beloved’s well-being; spare an (...) active thought for it. According to this view, loving someone cannot do away with preoccupation about that... (shrink)

The paper focuses on the mutual interaction as well as the impact of the Scottish Enlightenment on the formation of the Enlightenment in Russia during the reign of Catherine the Great. It focuses on the relationship between the work of Adam Smith and Semyon Efimovich Desnitskii, who, thanks to Desnitskii’s studies at the University of Glasgow, got to know each other as teacher and student. The central point of their interaction is the issues of the philosophy of history based on (...) natural-law assumptions and focus on understanding the formation of history, culture, citizenship, and social transformations through morality and law. The paper examines Desnitskii’s ideas on the stages of human coexistence in which Smith’s concept is projected. The paper is not only an attempt to compare these concepts, but it also characterizes Desnitskii’s interest in adapting the ideas of the Scottish Enlightenment to Russian reality and needs and using them in the environment of the advancing feudal empire, to which Desnitskii wants to contribute with his work. (shrink)

Tato práce se zaměřuje na myšlení dvou významných teoretiků přirozeného zákona a přirozených práv - Johna Locka a Murrayho Rothbarda. Snaží se porovnat jejich představy o přirozeném řádu. Můžeme zde najít důležitou shodu, jako v případě zdůvodnění legitimnosti soukromého vlastnictví, ale zároveň i rozdíly. Locke a Rothbard se liší zejména v názoru na stát a jeho vznik, což vede buď k jeho ospravedlnění u Locka, či k jeho důraznému odmítnutí u Rothbarda. Rothbardova koncepce je v této práci pojímána jako dovedení (...) Lockových východisek do logických důsledků. (shrink)

In this paper I will discuss some interesting philosophical questions bound to color science, in its variant founded by Berlin and Kay’s linguistic and anthropological research. I will first refer to various criticisms, expressed by dissenting scientists. Further criticisms implied by a rather philosophical perspective will follow; a particular attention is paid to the question of synchronicity vs . diachronicity. The controversy about Berlin and Kay’s conception is paralleled by the development of Wittgenstein’s views on color that I will sketch (...) in short. Wittgenstein’s philosophy offers tools for illuminating the problem from yet another point of view. In the final part of the paper, I will try to point to the limits of the conception of basic color categories, but also to assess its relevance and possible philosophical contribution in terms of language games variety; especially with respect to the Color Incompatibility The orem and its implications. (shrink)

In the majority of papers on probability in the framework of possible worlds the existence of a global probability distribution is taken for granted. The aim of the article is to discuss the epistemic aspect of this assumption in the connection to the status assigned to possible worlds. Two questions are discussed in particular: the justification of the global probability distribution and compatibility of the global probability assumption with the structure of the universe of the possible worlds.

Inferentialism is a philosophical approach premised on the claim that an item of language acquires meaning in virtue of being embedded in an intricate set of social practices normatively governed by inferential rules. Inferentialism found its paradigmatic formulation in Robert Brandom's landmark book Making it Explicit, and over the last two decades it has established itself as one of the leading research programs in the philosophy of language and the philosophy of logic. While Brandom's version of inferentialism has received wide (...) attention in the philosophical literature, thinkers friendly to inferentialism have proposed and developed new lines of inquiry that merit wider recognition and critical appraisal. From Rules to Meaning brings together new essays that systematically develop, compare, assess and critically react to some of the most pertinent recent trends in inferentialism. The book's four thematic sections seek to apply inferentialism to a number of core issues, including the nature of meaning and content, reconstructing semantics, rule-oriented models and explanations of social practices and inferentialism's historical influence and dialogue with other philosophical traditions. With contributions from a number of distinguished philosophers--including Robert Brandom and Jaroslav Peregrin--this volume is a major contribution to the philosophical literature on the foundations of logic and language. (shrink)

Many legal theorists and linguists have addressed the notion of legal language from different perspectives. Despite that, the definitions of legal language vary. Almost all of the approaches conclude that legal language entails several types of communication. Nevertheless, not all of these categories are sufficiently researched. Some types of legal communication seem to be neglected. This lack of interest might be rooted in the uncertainty of whether these texts or utterances even fall under the scope of the concept of legal (...) language. In order to avoid this superficiality in subsequent research, it is first necessary to come to a clear determination of which communicative acts can be considered a part of legal language and which cannot. Accordingly, in this search for the definition of legal language, we should not neglect the fact that language is executed in concrete communicative acts, and the only means to grasp the language is through communication. The aim of this article is therefore to clearly delineate the boundaries of this concept. Based on analysis of how the given term is currently defined, I draw out the common features and trace the characteristics in which they differ. Taking into account these findings, I propose a novel comprehensive demarcation of legal language. This concept argues that the ‘legal’ nature of language should be determined by the context and function of the particular statement or exchange, in connection with the role of participants in the communication. This means that a particular act may be considered a part of legal language not in accordance with a certain form or lexicon used, but mainly by extralinguistic circumstances in the context of which it is being performed. (shrink)

Fine (J Philos Log 43:549–577, 2014) developed a truthmaker semantics for intuitionistic logic, which is also called exact semantics, since it is based on a relation of exact verification between states and formulas. A natural question arises as to what are the limits of Fine’s approach and whether an exact semantics of similar kind can be constructed for other important non-classical logics. In our paper, we will generalize Fine’s approach and develop an exact semantics for some substructural logics. In particular, (...) we will provide a truthmaker semantics for the Non-associative Lambek calculus and some of its extensions. This generalization will reveal some interesting connections between Fine’s recent work on truthmaker semantics and his early work on relevant logic. (shrink)

An introduction to an English translation of Jan Mukařovský´s lecture The Semiology of Art. In this lecture Mukařovský, a Czech aesthetician, literary historian, theorist, and leading proponent of Czech structuralism, develops his interpretation of the semiotics of art from a detailed explanation of the basic functions of the artistic sign. He emphasizes the role of the aesthetic function, which is dominant but latently and potentially contained in all the other functions of the linguistic and the artistic sign. He then defines (...) the artistic sign as the dialectical negation of the communicative sign. (shrink)

Purpose of the article: Although the economic growth and society are two independent terms at the first sight, they are in fact closely connected and interact with each other. The main topic of this work is the creative economy, which is considered to be a part of growth theories. Thanks to the new approach, theorists supplement these theories with the demographic and the socio-cultural factor. First, the work establishes a comprehensive theoretical framework for economic growth. Furthermore, it analyses the representation (...) of creativity in the regions of the Czech Republic. Methodology/methods: The primary aim of this work is to carry out an analysis that charts the representation of the creative potential in the regions of the Czech Republic. The analysis uses the new creative index, which was created by modifying of the Richard Florida´s creative index. Consequently, the work uses the new creative index within the framework of smaller regional units as opposed to national groupings. Additional advantages of this model include the number and measurability of the indexes. Scientific aim: The aim of this work is not just demonstrating the dependence between the presence of creative people and economic growth, but in addition, the work aims to seek out the factors that influence the allocation of creative employees. Findings: The work demonstrates high mutual dependence between creativity and economic growth with the help of the correlation coefficient. The assumptions that creative regions are more attractive on the social and knowledge basis were also confirmed. Conclusions : Territorial units must consequently work to develop conditions, which support the establishment and the development of the creative environment in order to retain their competitiveness and support the economic growth. (shrink)

Komparace metod využitelných v rámci analýzy kreativního potenciálu na příkladu Slovenské republiky.

Problém svobodné vůle je tradičně považován za ryze metafyzický, a tedy neempirický. Díky současnému rozvoji kognitivních věd však narůstá množství argumentů založených na empirických poznatcích. Tento článek podává stručný přehled několika takových poznatků. Na jedné straně jde o výzkumy zabývající se otázkou kauzální potence vědomí a uvědomění si příčin svých akcí. Nejslavnější, avšak patrně nikoli nejvýznamnější, jsou zde bezpochyby experimenty Benjamina Libeta. Na druhé straně jde o zkoumání samotného prožitku svobodné agence. Zda danou akci vnímám jako svoji vlastní, závisí pravděpodobně (...) na prediktivních i postdiktivních faktorech, o čemž svědčí situace, kdy podkladové kognitivní mechanismy selžou a vedou k omylům. Závěrem příspěvku je zamyšlení nad důsledky vědeckých poznatků pro různá pojetí svobodné vůle: libertariánské a kompatibilistické. Argumentuji ve prospěch smysluplnosti kompatibilistické koncepce svobodné vůle, proti které lze vést námitky spíše z pozice psychologie než neurověd. (shrink)

Cílem této práce je rozebrat možnosti argumentu holandské sázky ve prospěch probabilismu a stanovit jeho meze. Existuje mnoho podob argumentu, proto se nejprve budu věnovat popisu argumentu v jeho klasické podobě. Následně je podroben kritice ve třech oblastech: (1) problémy behaviorismu, (2) užitku peněz, (3) vztah koherence, jisté ztráty a racionality. Zásadní je dle mého především třetí oblast týkající se neschopnosti jednoduše propojit probabilistickou nekoherenci stupňů přesvědčení s jistou ztrátou a pragmatickou racionalitou. Věnuji se třem současným reinterpretacím argumentu ve prospěch (...) probabilistických norem (Armendt, Howson, Christensen), přičemž v textu docházím k závěru, že ani jedna z nich není uspokojivá. Selhávají v řešení problémů (Armendt, Christensen), nebo neříkají nic zajímavého ve prospěch probabilismu (Howson). Proto se domnívám, že rozbor argumentu především ukazuje, že pragmatická obhajoba epistemických norem racionality, jako je ta v argumentu holandské sázky, není pro probabilismus schůdnou cestou. Závěr se snaží nastínit, proč tomu tak je. (shrink)

The following paper is based on a broad understanding of communication that considers as text basically anything that has been created within the framework of a cultural interaction by an author and that is perceived by a recipient. The first part of the paper introduces, explains and follows mostly cases in which the author’s violations of the recipient’s expectations have a communication value, i.e. provoke, in the recipient, a communication effect that matches the author’s intentions. In such cases, this effect (...) results as a consequence of an violation of the communication „cooperative“ principles. This, at the recipient’s end, translates into an event of expectancy violation. Each of such violations provokes an arousal in the recipient, which further motivates him/her to search for its cause. Finding this cause, and being “confronted” with the related violation pertaining to it with the norm equals, for the recipient, getting to the meaning of the text, or identifying its communication value etc. As part of the conclusion, a commented scheme is presented which offers a spectrum of possible communication outcomes “positioned” between the predictability of each textual element and the stochasticity of choice. The effort to illustrate all the explained facts results, in the paper, in a rich set of examples stemming from miscellaneous spheres of human activity – from “high styles” to rather day-to-day activities, to pop-culture. The objective is to show that the described principles, if not valid in general, permeate at least all forms of interaction. (shrink)

In the following paper, the meaning of philosophy as a specific intellectual activity would be presented on the example of revolutionary thoughts of Peter Tkachov. The paper concerns with the understanding of philosophy, its characteristics and status within the Russian intellectual movement in the second half of the 19th century. The understanding of both, individual and social functions of philosophy in the work of Tkachov revolutionary writing, is introduced. The paper is set within a wider framework of Thachov thoughts and (...) his idea of progress. After connecting these two specific topics of Tkachov, the question is formulated: Who is capable to answer the question of what is progress? While looking for an answer and studying works of Tkachov, a wide spectrum of possible variations is offered. The work is purposely conceptualized with an opened closure to present a concrete problem for further analysis and discussion. (shrink)

The occasion of the 100th anniversary of I. Kant’s death was a colossal impulse for many researchers of Immanuel Kant’s legacy. One of the goals of the paper is to introduce one of the less known anniversary critical texts, which appeared in the Russian intellectual milieu. It attempts to disrupt the usual approach regarding the interpretation of Bely’s comprehension of Kant’s legacy, i.e., Kant as a skeleton of philosophy or a police officer of thinking. The paper points to a more (...) systematically conceived scale of Bely’s reflections of Kant. From Bely’s point of view, Kant is the author of firm grounds for the shaping of thought. On the unstable background of philosophy, which during the historical development of thought succumbed to erosion, it is Kant’s philosophy that serves as the stabilizing base. Bely tries to highlight that Kant’s epistemology forms distinctively outlined the foundations of a knowledge of the world and philosophical comprehension not only of history but also of symbolism. The symbolism of Andrei Bely. (shrink)

This essay contextualizes the Dantean figure of Ulysses, as conceived by Yuri M. Lotman, and draws this key figure of modernity into a network of mutually interconnected discourses: primarily transhumanist visions of the human future in space, which nevertheless arise from the specifically modern epistemic dimension of “restlessness,” and intertwine with post-war astronautics, cyborg visions of human re-engineering, and revolutionary considerations of speculative realism. The key is Lotman’s emphasis on Ulysses as a figure of “energy of thought”; in this regard, (...) the essay shows how the original poetic “decision,” embodied by the Ulysses figure, advocates implicit cruelty in the name of the future (treated as an inevitable fate), and how this decision generates a logical and progressively unfolding series of “inhuman” images of man situated in the universe as an event of saturation of matter with merciless intelligence. (shrink)

This paper discusses some difficulties in understanding the Turing test. It emphasizes the importance of distinguishing between conceptual and empirical perspectives and highlights the former as introducing more serious problems for the TT. Some objections against the Turingian framework stemming from the later Wittgenstein’s philosophy are exposed. The following serious problems are examined: 1) It considers a unique and exclusive criterion for thinking which amounts to their identification; 2) it misidentifies the relationship of speaking to thinking as that of a (...) criterion; 3) it neglects the “natural” course of the development in semantics. However, these considerations suggest only that it is problematic to label a successful chatbot as a “thinking entity” without further qualifications, but not necessarily and once and for all incorrect. Philosophy has only little to say about the technical possibility of creating such an effective program. (shrink)

The aim of this article is to problematize the concept of school culture both as a concept and as a subject of investigation. It deals with the historical roots of this concept and the fact that it is shrinking—a consequence of the managerial imperatives of effectiveness and accountability in education. School culture, in relation to the quality of schools and the quality of education, has become the subject of audits, arrived at through a developed network of standardisation in education, testing (...) and evaluation. The methodology of evaluation currently lending particular substance to school culture, however, generates different methodological perspectives on investigating school culture and thus research is becoming an instrument of political power. In the research it is then necessary to either abandon the concept of school culture or to free it from spinning round the cycle of evaluation/self-evaluation—a change in school culture—improving the “quality of the school”—a new evaluation/self-evaluation. One way to do this is to employ ethnographic approaches in research into schools and to understand school culture as a system of texts. (shrink)

The role of artificial intelligence in the Turing test is to imitate human beings to such an extent that people will not realize it is a machine. With the rise of deep learning (a subcategory of AI), the situation is changing rapidly as the new systems do not focus on imitating human intelligence but emphasize thorough solutions to specific issues. The main difference between predefined AI and deep learning (DL) is that these systems are self-learning and have verifiable results. Firstly, (...) we need to analyse the application of the Turing test in the Loebner Prize because, there, the primary emphasis is on aspects of human intelligence – learning, reasoning and understanding. Secondly, in the Turing test, only general intelligence is considered, and this can be questionable. If DL does not possess this form of intelligence, by this reasoning, we should consider it unintelligent. However, is such understanding correct? The third and last aspect questions whether the Turing test is beneficial for an AI designed for specific tasks because the results do not bring any new data and conclusions. (shrink)

The role of artificial intelligence in the Turing test is to imitate human beings to such an extent that people will not realize it is a machine. With the rise of deep learning (a subcategory of AI), the situation is changing rapidly as the new systems do not focus on imitating human intelligence but emphasize thorough solutions to specific issues. The main difference between predefined AI and deep learning (DL) is that these systems are self-learning and have verifiable results. Firstly, (...) we need to analyse the application of the Turing test in the Loebner Prize because, there, the primary emphasis is on aspects of human intelligence – learning, reasoning and understanding. Secondly, in the Turing test, only general intelligence is considered, and this can be questionable. If DL does not possess this form of intelligence, by this reasoning, we should consider it unintelligent. However, is such understanding correct? The third and last aspect questions whether the Turing test is beneficial for an AI designed for specific tasks because the results do not bring any new data and conclusions. (shrink)

My paper aims to elucidate the emergence of subjectivity from the interplay between living beings and their environment. This attempt to give account of becoming-subject within the life itself leads to a confrontation between the phenomenology of life pursued since at least two decades by Renaud Barbaras with Canguilhem´s philosophy of biology. It starts with a criticism of Merleau-Ponty’s and Patočka´s respective failures to overcome the contrast between the level of bare life and the level of human existence. In order (...) to answer such a prejudicial separation between unexamined life and self-reflected existence, I adopt in the second part a bio-centric perspective on human existence, inspired by Canguilhem and Guillaume Le Blanc, in order to re-evaluate the notion of life in terms of normative, expansive movement that both shapes the living being itself and individuates the elements on which it acts. The final part of the paper seeks to understand the emergence of subjectivity from ordinary life-challenges such as illness and experiences of vulnerability or fragility, thus bypassing the need for stipulating a self-referencing consciousness as a primary mode of self-disclosure. (shrink)

Abstract:This article presents a new interpretation of Wang Guowei's concept of jingjie understood as his creative response to Kant and European aesthetics addressing concerns recently elaborated also in Gernot Böhme's new aesthetic theory, based on a non-standard interpretation of Kant's aesthetic theory through his concept of atmosphere. The convergence of both authors is explored in their efforts to overcome the dualism of subject and object in their explorations of the aesthetic experience and response, further exemplified by means of another current (...) term, Bence Nanay's distributed attention. (shrink)

When do things change? When do things have some characteristics? I try to answer these questions by looking at different solutions Plato and Aristotle presented in their works. The famous analysis of change from the second half of Plato’s Parmenides claims that change happens outside of time, at an “instant”. On the contrary, Aristotle in the Physics explicitly argues that all change occurs only in time. However, both Plato and Aristotle also provide other analyses of change. How to deal with (...) this variety of explanations and tensions between them? In this paper, I argue that if we differentiate between several kinds of change, most of Plato’s and Aristotle’s analyses provide a thorough insight into the nature of change. For processes such as locomotion, change occurs exclusively within time. For changes where both the initial and final states occur only in time, such as a transition from motion to rest, change takes place in the ‘now’. However, for changes where both the initial and final states occur in both time and in the ‘now’ – for example, a qualitative change from being white to not being white – change does not occur in time nor in the ‘now’, but instead happens instantaneously. (shrink)

Surrogacy has long been discussed in reproductive medicine. In the Czech Republic, surrogacy is not legally regulated. Because of this legal vacuum, there are no official procedures or organizations that openly deal with surrogacy. Potential surrogate mothers and applicants do not have many options for obtaining or sharing information. The only source is the Internet. Online forums are a popular tool for gaining information and contacts regarding surrogacy. The goal of this research was to use qualitative research methods to survey (...) the most searched and discussed topics on Czech online discussion forum websites. We used discussions that we found on www.emimino.cz between 2009 and 2019. This article analyses the comments of the Internet forum discussants/participants, their involvement, knowledge of surrogacy, the information sought and their opinions. In particular, the participants discussed where to find a surrogate mother or how to become one. This article attempts to outline the discussions ordinary people have about surrogacy outside official expert forums. (shrink)