Various questions posed by P. Nyikos concerning ultrafilters on ω and chains in the partial order (ω, <*) are answered. The main tool is the oracle chain condition and variations of it.

Jurors customarily do their work with very little by way of instruction from the court, other than about the law. This suggests that they enter the jury room with the relevant cognitive and interactional tools at the ready, drawn from everyday life. This paper focuses on a specific conversational device jurors use to do their work: conditional-contrastive inculpations, whereby the defendant’s actions are compared unfavorably to what a normal, innocent person would have done, with the implication that the discrepancy (...) indicates guilt. We examine the logic, variants, sequential precursors, and immediate consequences of this phenomenon in two real-life American criminal juries deliberating the same charges. This study offers a rare glimpse into the operation of real juries, and specifically the way in which they appropriate a practice from ordinary conversation in order to perform the unordinary work demanded of them by the legal system. (shrink)

Norman J. Finkel, Commonsense Justice: Jurors? Notions of the Law Cambridge, MA: Harvard University Press, 1995, 390pp.

A strong coloring on a cardinal $\kappa $ is a function $f:[\kappa ]^2\to \kappa $ such that for every $A\subseteq \kappa $ of full size $\kappa $, every color $\unicode{x3b3} <\kappa $ is attained by $f\restriction [A]^2$. The symbol $$ \begin{align*} \kappa\nrightarrow[\kappa]^2_{\kappa} \end{align*} $$ asserts the existence of a strong coloring on $\kappa $.We introduce the symbol $$ \begin{align*} \kappa\nrightarrow_p[\kappa]^2_{\kappa} \end{align*} $$ which asserts the existence of a coloring $f:[\kappa ]^2\to \kappa $ which is strong over a partition $p:[\kappa ]^2\to (...) \theta $. A coloring f is strong over p if for every $A\in [\kappa ]^{\kappa }$ there is $i<\theta $ so that for every color $\unicode{x3b3} <\kappa $ is attained by $f\restriction )$.We prove that whenever $\kappa \nrightarrow [\kappa ]^2_{\kappa }$ holds, also $\kappa \nrightarrow _p[\kappa ]^2_{\kappa }$ holds for an arbitrary finite partition p. Similarly, arbitrary finite p-s can be added to stronger symbols which hold in any model of ZFC. If $\kappa ^{\theta }=\kappa $, then $\kappa \nrightarrow _p[\kappa ]^2_{\kappa }$ and stronger symbols, like $\operatorname {Pr}_1_p$ or $\operatorname {Pr}_0_p$, also hold for an arbitrary partition p to $\theta $ parts.The symbols $$ \begin{gather*} \aleph_1\nrightarrow_p[\aleph_1]^2_{\aleph_1},\;\;\; \aleph_1\nrightarrow_p[\aleph_1\circledast \aleph_1]^2_{\aleph_1},\;\;\; \aleph_0\circledast\aleph_1\nrightarrow_p[1\circledast\aleph_1]^2_{\aleph_1}, \\ \operatorname{Pr}_1_p,\;\;\;\text{ and } \;\;\; \operatorname{Pr}_0_p \end{gather*} $$ hold for an arbitrary countable partition p under the Continuum Hypothesis and are independent over ZFC $+ \neg $ CH. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Musician's Way: A Guide to Practice, Performance, and WellnessSusanna P. GarciaGerald Klickstein, The Musician's Way: A Guide to Practice, Performance, and Wellness (Oxford University Press: New York, 2009)Directed towards college music majors studying the Western classical tradition, The Musician's Way articulates both an artistic approach to attaining mastery of an instrument/voice and a practical approach to achieving professional goals. Its treatment of these topics is comprehensive, addressing, (...) in addition to practical needs, the physical and psychological demands of functioning as a professional musician. Gerald Klickstein, a classical guitarist and teacher at the University of North Carolina School of the Arts, says that he intends the book to be "a beacon on your journey towards limitless artistic growth" (p. vi).The Musician's Way is organized into three sections: "Artful Practice," "Fearless Performance," and "Lifelong Creativity." Klickstein treats these subjects, not as separate and unrelated topics, but as interdependent elements necessary for long-term musical success. The Musician's Way is uniquely holistic. It encourages aspiring musicians to approach their study as a process that will take place over the course of a lifetime. The Musician's Way is not a research-based text. It is rather a practical self-help manual, filled with the wisdom gained in Klickstein's thirty years in the performing and teaching professions.At the outset, I should state that I am writing this review from two perspectives: [End Page 100] as a professor of piano at a mid-size public university, and as an experienced performer with a touring piano-duo. These experiences inform my critique of Klickstein's book.In "Artful Practice," Klickstein takes on the heroic task of defining both the 'what' and the 'how' of practicing. Mastery of the art of practicing is a precondition for musical success, yet it is not uncommon for students to enter college poorly schooled in the habits they will need for success in school and the professional world. In my undergraduate piano studio, for example, much of a student's first semester or even a full year may be spent acquiring proper practice and repertoire management techniques. Many students are unaware that artistic performance requires more than correct notes and rhythms. The habit of empty repetitions—playing something over and over again without setting specific goals or applying any critique—is common. Some students do not possess the listening skills necessary to enable critical assessments about their performance. For others, memorization requirements pose a serious challenge. This is often exacerbated by a lack of knowledge of theory or poor general musicianship skills. Managing a large body of repertoire in preparation for juries and recitals is a new frontier. Many students are unaccustomed to a more demanding practice and rehearsal schedule. A sudden increase in time spent on their instrument may result in temporary injury or chronic pain. There are, of course, many other psychological and social issues that arise when students transition to university life.Klickstein understands this and he attempts to quantify every facet of practicing in painstaking detail. No element is too small to warrant inclusion in one of his many lists and subsequent discussions. Initially, I found this penchant tedious. However, there were always items on his list that I would not have thought to mention to a student. For example, Klickstein's advice on outfitting a practice room lists the obvious necessities: a suitable chair, music stand, metronome, and pencil. However, he also discusses equally essential yet sometimes overlooked items, such as a bottle of water, adequate lighting and climate control, and hearing protection. This mundane example is illustrative of the meticulousness of his approach throughout the book.One of the most useful proposals in The Musician's Way involves the organization of practice sessions. Many students habitually prepare for very short term goals: lessons, studio class performances—whatever is just around the next corner. Juries, in which students are expected to prepare a short program of compositions, are intended to be a step along the way to longer, more significant performances such as upper division barriers and junior and senior recitals. Students have difficulty managing their practice time to continuously cycle... (shrink)

This paper describes and critically reflects on a participatory policy process which resulted in a government decision not to introduce genetically modified cotton in farmers’ fields in Mali. In January 2006, 45 Malian farmers gathered in Sikasso to deliberate on GM cotton and the future of farming in Mali. As an invited policy space convened by the government of Sikasso region, this first-time farmers' jury was unique in West Africa. It was known as l’ECID—Espace Citoyen d’Interpellation Démocratique —and it (...) had an unprecedented impact on the region. In this Deliberative and Inclusive Process, the ECID combined the citizens’ jury method with indigenous methods for debate and dialogue, including the traditional African palaver. The ECID brought together male and female producers representing every district in the Sikasso region of southern Mali, specialist witnesses from various continents and a panel of independent observers, as well as resource persons and members of the national and international press and media. As an experiment in deliberative democracy, the ECID of Sikasso aimed to give men and women farmers the opportunity to share knowledge on the benefits and risks of GM cotton, and make policy recommendations on the future of GM technology in Malian agriculture. Designed as a bottom-up and participatory process, the ECID’s outcomes significantly changed national policy on the release of GM technology and have had an enduring influence in Mali. In this paper, we describe our positionality as action researchers and co-organisers of the ECID. We explain the methodology used for the ECID of Sikasso and critically reflect on the safeguards that were put in place to ensure a balanced and trustworthy deliberative process. The ECID and its key outcomes are discussed in the context of the political economy of GM cotton in West Africa. Last, we briefly highlight the relevance of the ECID for current international debates on racism in the theory and practice deliberative democracy; the production of post-normal transdisciplinary knowledge for technology risk-assessments; and the politics of knowledge in participatory policy-making for food and agriculture. (shrink)

Armando P. Ribas was born in Ciego de vila, Cuba, in 1932 and died in Buenos Aires, Argentina, in 2020. In 1956 he graduated as a Juris Doctor from Saint Thomas of Villanova University in Havana, Cuba. He later studied Law and Economics at Southern Methodist University and Columbia University in the United States. In Argentina, he worked as a journalist and economist and from 1889 to 1990 and was a Deputy in that country. This book clearly explains the ethical (...) and non-economic antagonism between socialism and the misnamed capitalism, as well as the importance of liberty for the individual to achieve prosperity with justice and solidarity. The " illuminism" fallacy clearly emerges from the work as a pretense of the course of reason in history. This explains how obscurantism arising from the confusion between reason and truth caused greater crimes in the West than the Manichean virtues of the Middle Ages. It explains the fundamental discrepancy between the reason of state, prevailing in Europe and the "rule of law" of Americans. The latter changed for the first time in history the relationship between the government and the citizen in defense of individual rights: to life, liberty, property and the search for their own happiness. Ribas also expands on the analysis of economic ideas, which, detached from private rights, have caused the recent failures of "democracies south of the Rio Grande." This book allows us to understand to a great extent the evolution and problems of the world that we have had to live, between the supposed globalization and the reality of terrorism. But just as he points out the problems, he also teaches the ways in which individual prosperity can be achieved for all men who know how to use their freedom. Armando Ribas has been pointed out as the most liberal of Cubans and also of Argentines, since he had two homelands in his life. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:BOOK REVIEWS Men Astutely Trained: A History of the Jesuits in the American Cen· tury. By PETER McDONOUGH. New York: Free Press, 1992. xxi +616 pp. $24.95. Last summer in Paris, sitting at one of the sidewalk tables that line the Boulevard S. Germain, a young Jesuit priest just finishing his doc· toral studies narrated some of the horror stories associated these days with " the joh market." Having (...) suffered through my own variation on that theme, I could only share with him the results of my own experi· ence. This novelty in the Jesuit stance provides Peter McDonough with a major theme in his narrative, for he describes the change in the So· ciety " from a rule-governed hierarchy to a role-driven network " (p. 459). He locates this transition in what he calls " the American century," roughly from 1900 to 1965. McDonough's study, an exciting and profitable read, traces the shift from Aquinas to the Age of Aquarius. Especially for an extern (i.e. a non-Jesuit), he has taken on a formidable challenge. Generally well received by the Jesuits, Men Astutely Trained tells how American Catholicism moved from an immigrant church to an upwardly mobile society. In the shifting loyalties, aggravated by the Second Vatican Council, Jesuits and their institutions felt the crunch. Since this innovation, loosely identified with " the democratization of culture," has precipitated the Society of Jesus "into the most serious crisis in its history " (p. xiv), McDonough must do a counterpoint he· tween the inner life and its external expressions. So the saga gains both breadth and depth. Without denigrating the accomplishment, at once earnest and literate, I want to take issue with the hook. As one of my colleagues taught me many years ago, we cannot stimulate discourse if everybody is con· tinually agreeing. First then, I want to comment on the flawed methodology. Next, I will say something about its thesis and conclude with a few reflections on "modernity." For Jesuits of my generation, the work of Malinowski proved normative. The anthropologist spent ten years among the natives who in· habited the Trobriand Islands in Melanesia. It apparently took that long for him to understand the stories and symbols, their myths and rituals. When he put his encyclopedia together, he could describe their institutions and social structures. In short, he worked from the inside out. McDonough, on the other hand, works from the outside in. In my 711 712 BOOK REVIEWS opinion, this represents a major failing in methodology. Two consequences flow from this deficiency. The author is never able to relate the works of the Society to the principal texts of the Society. The Spiritual Exercises, for example, does not rate even a mention. The Constitutions merits a fleeting reference on p. 160. St. Ignatius himself does not appear. Divorced as he is from the principal experience of Jesuits, our author cannot provide an adequate understanding for any of their priorities. This awareness makes his claim to present "the inside of the Society of Jesus" (p. 462) somewhat pretentious. Because he does not have the interior life in focus, many of the readings strike me as unnecessarily cluttered. He has yet to recognize the validity of John Stuart Mill's principle, "No man's synthesis can be greater than his analysis." While he has not left out three-fourths the data, perhaps he has neglected one-half. Secondly, he does not acknowledge Jesuits principally as churchmen. Instead, he makes us look like an acephalous torso. The church-con· nection reveals a major dimension to understanding the Society's coherence and institutions. It does not occur to the author that Jesuit priests are also bound to the universal discipline of the Church as found, for example, in the Codex Juris Canonici (1917). According to the Pio-Benedictine Code, all priests (and not just Jesuits) are expected to recite the breviary, to stay away from politics, and to avoid all "spectacles" including baseball games. Moreover, it is not entirely true to say that Jesuits acted independently of local bishops. Jesuits were able to establish their schools precisely because the local bishop invited them and encouraged the work. The ecclesial dimension becomes especially... (shrink)

Because of immigration in the West, increased cultural diversity poses a variety of problems for the criminal justice system. This paper examines whether a so‐called “cultural defense” ought to be allowed as a freestanding defense to a criminal charge. Such a defense would “negate or mitigate criminal responsibility where acts are committed under a reasonable good‐faith belief in their propriety, based on the actor's cultural heritage or tradition.” The cultural defense, as a formal defense, and the use of cultural evidence (...) in order to buttress one of the traditional defenses, are distinguished. Three cases are discussed to illustrate the issues. The possible similarity of the cultural defense to an ignorance or mistake of law defense is then considered. The latter is accepted by such theorists as Gunther Arzt and George P. Fletcher and also apparently in German law, but it is rejected by Jerome Hall on the ground that it undermines the objectivity of the criminal law. The similarity, however, is shown not to hold. It is concluded that a freestanding cultural defense should not be allowed. (shrink)

We argue that all human beings have a special type of dignity which is the basis for (1) the obligation all of us have not to kill them, (2) the obligation to take their well-being into account when we act, and (3) even the obligation to treat them as we would have them treat us, and indeed, that all human beings are equal in fundamental dignity. We give reasons to oppose the position that only some human beings, because of their (...) possession of certain characteristics in addition to their humanity (for example, an immediately exercisable capacity for self-consciousness, or for rational deliberation), have full moral worth. What distinguishes human beings from other animals, what makes human beings persons rather than things, is their rational nature, and human beings are rational creatures by virtue of possessing natural capacities for conceptual thought, deliberation, and free choice, that is, the natural capacity to shape their own lives. (shrink)

This essay examines the political trials through which, according to Machiavelli's Discourses, republics should punish magistrates and prominent citizens who threaten or violate popular liberty. Unlike modern constitutions, which assign indictments and appeals to small numbers of government officials, Machiavelli's neo-Roman model encourages individual citizens to accuse corrupt or usurping elites and promotes the entire citizenry as political jury and court of appeal. Machiavellian political justice requires, on the one hand, equitable, legal procedures that serve all citizens by punishing (...) guilty parties and discouraging retaliatory reprisals, including foreign intervention. On the other hand, frankly acknowledging the power disparities that exist in every republic, Machiavelli outlines how political trials enable pro-plebeian magistrates and populist reformers to thwart patrician-generated smear campaigns and oligarchic conspiracies. (shrink)

This essay examines the political trials through which, according to Machiavelli's Discourses, republics should punish magistrates and prominent citizens who threaten or violate popular liberty. Unlike modern constitutions, which assign indictments and appeals to small numbers of government officials, Machiavelli's neo-Roman model encourages individual citizens to accuse corrupt or usurping elites and promotes the entire citizenry as political jury and court of appeal. Machiavellian political justice requires, on the one hand, equitable, legal procedures that serve all citizens by punishing (...) guilty parties and discouraging retaliatory reprisals, including foreign intervention. On the other hand, frankly acknowledging the power disparities that exist in every republic, Machiavelli outlines how political trials enable pro-plebeian magistrates and populist reformers to thwart patrician-generated smear campaigns and oligarchic conspiracies. (shrink)

This essay examines the two means by which Machiavelli thought republics could address the political problem of predatory socio-economic elites: Healthy republics, he proposes explicitly, should consistently check the “insolence of the nobles” by establishing constitutional offices like the Roman tribunes of the plebeians; corrupt republics, he suggests more subtly, should completely eliminate overweening oligarchs via the violent actions of a tyrannical individual. Roman-styled tribunes, wielding veto, legislative and accusatory authority, contain the oppressive behavior of socio-economic elites during normal republican (...) circumstances. By contrast, having overthrown a republic grown corrupt through oligarchic encroachment on the commonweal, Machiavelli suggests that Greek-styled tyrants lay the foundation for a more robust—that is, more egalitarian and martial—republic down the road by eliminating elites entirely and by instituting economic redistribution and military reforms. (shrink)

This article focuses on questions of pure fact-of-the-matter and asks whether two omniscient judges may disagree over the legal answer to a straightforward question of a matter of fact. There are approaches to legal theory among some western and Jewish philosophers of law whereby at least superficially it is possible that two or more contradictory legal statements regarding a given reality can be equally correct. The article provides a critical analysis of three different models derived from the Jewish legal literature, (...) and reviews the contributions of Jewish sources to the understanding of the phenomenon of disagreements concerning matters of fact. (shrink)

The principle of bivalence is the assertion that every statement is either true or else false. Its legal analog, however, must be formulated relative to particular legal systems and in terms of validity rather than truth. It asserts that every statement of law that can be formulated in the vocabulary of a given legal system is valid or else invalid in that system. A line of New York cases is traced, beginning with Thomas v. Winchester . This case, which involved (...) a poison mislabeled as a medicine, established an exception to the rule that a manufacturer or supplier is never liable for negligence to a remote purchaser. The court made an exception because a poison is an “imminently dangerous” thing. How far may this exception be applied to other fact‐situations? Some subsequent cases are examined, and it is considered whether there is no correct answer in these instances and, more dramatically, whether more than one correct answer is tenable. In either event the legal analog of bivalence would seem to fail. (shrink)

This paper seeks to establish a connection between the existence of a legal system and the ideal of the rule of law. Its point of departure is the phenomenon of a transitional regime that is attempting to restore or institute the rule of law. Lon Fuller's formulation of the canons of the rule of law as an internal morality of law is expounded as well as his notion of legal pathology as symptomatic of departure from the canons' requirements. The existence (...) of a legal system, it is argued, is a matter of degree, covariant with the degree to which the rule of law is realized. Problems inherent to the implementation of the rule of law are examined, such as the effect of the passage of time on reasonable expectations. While legal pathology is always a matter of degree, police states are shown to suffer seriously from it. Among the examples discussed are Nazi Germany and Communist East Germany, though it is granted that there are moral differences between them. Finally, a response is made to some contemporary critiques of the rule of law. (shrink)

Abstract. We argue that all human beings have a special type of dignity which is the basis for (1) the obligation all of us have not to kill them, (2) the obligation to take their well-being into account when we act, and (3) even the obligation to treat them as we would have them treat us, and indeed, that all human beings are equal in fundamental dignity. We give reasons to oppose the position that only some human beings, because of (...) their possession of certain characteristics in addition to their humanity (for example, an immediately exercisable capacity for self-consciousness, or for rational deliberation), have full moral worth. What distinguishes human beings from other animals, what makes human beings persons rather than things, is their rational nature, and human beings are rational creatures by virtue of possessing natural capacities for conceptual thought, deliberation, and free choice, that is, the natural capacity to shape their own lives. (shrink)

In this paper we propose to argue for two claims. The first is that a sizeable group of epistemological projects – a group which includes much of what has been done in epistemology in the analytic tradition – would be seriously undermined if one or more of a cluster of empirical hypotheses about epistemic intuitions turns out to be true. The basis for this claim will be set out in Section 2. The second claim is that, while the jury (...) is still out, there is now a substantial body of evidence suggesting that some of those empirical hypotheses are true. Much of this evidence derives from an ongoing series of experimental studies of epistemic intuitions that we have been conducting. A preliminary report on these studies will be presented in Section 3. In light of these studies, we think it is incumbent on those who pursue the epistemological projects in question to either explain why the truth of the hypotheses does not undermine their projects, or to say why, in light of the evidence we will present, they nonetheless assume that the hypotheses are false. In Section 4, which is devoted to Objections and Replies, we’ll consider some of the ways in which defenders of the projects we are criticizing might reply to our challenge. Our goal, in all of this, is not to offer a conclusive argument demonstrating that the epistemological projects we will be criticizing are untenable. Rather, our aim is to shift the burden of argument. (shrink)

A presente resenha trata da obra O CONCEITO DE MUNDO EM HANNAH ARENDT: Para uma nova filosofia política. Nesta, seu autor, o professor doutor Fábio Abreu Dos Passos aborda um conceito importante do pensamento arendtiano procuramdo mostrar que tal conceito é útil para a superação do abismo entre filosofia e política.

Fábio Abreu dos Passos é doutor em Filosofia Política pela Universidade Federal de Minas Gerais. Atualmente é Professor do Departamento e do Programa de Pós-Graduação em Filosofia da Universidade Federal do Piauí – UFPI. Tem experiência na área de Filosofia, com ênfase em Filosofia Política, atuando principalmente nos temas relacionados à Filosofia Política Contemporânea, a partir dos seguintes autores: Hannah Arendt, Michel Foucault e Giorgio Agamben. É autor também da obra A Faculdade do Pensamento em Hannah Arendt:: implicações políticas e (...) da organização conjunta das obras Hannah Arendt: pensamento, revolução e poder e A gramática da ação e a sintaxe do poder em Hannah Arendt. (shrink)

Presentación inaugural. Semblanza de Suárez. Dos opúsculos inéditos y una carta auténtica. Por T. Andrés Marcos.--Suárez y el pensamiento inglés contemporáneo, por F. Elías de Tejada.--Suárez, maestro de metafisica para teólogos, por M. Solana.--Conceptos dinámicos en la metafisica de Suárez, por J. Iturrioz.--La igualdad jurídica según Suárez, por E. Elorduy.--El sentido de la realidad en la metafisica suareciana, por F. García Martínez.--Palabras de clausura, por N. Rodríguez Aniceto.

One of the first things striking readers of Criminal Law Conversations is its unusual methodology. The editors of this volume have put together 31 conversations around as many cutting edge and influential articles. This article considers critically some discussions representative of each of the book’s three parts: Principles, Doctrine, Administration and provide a glimpse of the richness and variety of Criminal Law Conversations.

It has been argued that an epistemically rational agent’s evidence is subjectively mediated through some rational epistemic standards, and that there are incompatible but equally rational epistemic standards available to agents. This supports Permissiveness, the view according to which one or multiple fully rational agents are permitted to take distinct incompatible doxastic attitudes towards P (relative to a body of evidence). In this paper, I argue that the above claims entail the existence of a unique and more reliable epistemic standard. (...) My strategy relies on Condorcet’s Jury Theorem. This gives rise to an important problem for those who argue that epistemic standards are permissive, since the reliability criterion is incompatible with such a type of Permissiveness. (shrink)

A continuoxis t- norm is a continuous map * from [0, 1]² into [0,1] such that is a commutative totally ordered monoid. Since the natural ordering on [0,1] is a complete lattice ordering, each continuous t-norm induces naturally a residuation → and becomes a commutative naturally ordered residuated monoid, also called a hoop. The variety of basic hoops is precisely the variety generated by all algebras, where * is a continuous t-norm. In this paper we investigate the structure of the (...) variety of basic hoops and some of its subvarieties. In particular we provide a complete description of the finite subdirectly irreducible basic hoops, and we show that the variety of basic hoops is generated as a quasivariety by its finite algebras. We extend these results to Hájek's BL-algebras, and we give an alternative proof of the fact that the variety of BL-algebras is generated by all algebras arising from continuous t-norms on [ 0,1] and their residua. The last part of the paper is devoted to the investigation of the subreducts of BL- algebras, of Gödel algebras and of product algebras. (shrink)

This paper briefly reviews highlights from decades of debates in medicine, law, bioethics, psychology and social research about children’s and parents’ views and consent to medical treatment and research. There appears to have been a rise and later a fall in respect for children’s views, illustrated among many examples by a recent book on the zone of parental discretion, which is reviewed. A return to greater respect for children’s views and consent is advocated.

This essay presents a critique of current views of Hugo Grotius which erroneously see him as a major theorist of natural rights and a formative influence upon the rights theory of Thomas Hobbes. Especially singled out for criticism are the misconceptions due to Richard Tuck in a number of writings that discuss the political ideas of Grotius and Hobbes and the relationship between them. In an examination of Hobbes's conception of natural rights, the essay reaffirms its originality and notes its (...) revolutionary potential contrary to the main intention of Hobbes's own political doctrine. (shrink)

C.A.J. Coady, in his book Testimony: A Philosophical Study (Oxford: Clarendon Press, 1992), offers conditions on an assertion that p to count as testimony. He claims that the assertion that p must be by a competent speaker directed to an audience in need of evidence and it must be evidence that p. I offer examples to show that Coady’s conditions are too strong. Testimony need not be evidence; the speaker need not be competent; and, the statement need not be relevant (...) or directed to someone in need of evidence. I give alternative conditions. Coady was led into the stronger conditions by investigating testimony as it occurs in legal contexts, where special steps are taken to ensure that testimony provides the jury or the judge with evidence by a competent speaker that is relevant to the disputed question of the guilt or innocence of the defendant. (shrink)

An interrogation of the term 'theory' from the perspective of linguistic discourse Zima offers a new definition of theory from a cultural and sociological perspective, with a view to encountering heterogenerous points of view in critical dialogue.