The aim of this paper is to clarify what kind of normativity characterizes a convention. First, we argue that conventions have normative consequences because they always involve a form of trust and reliance. We contend that it is by reference to a moral principle impinging on these aspects (i.e. the principle of Reliability) that interpersonal obligations and rights originate from conventional regularities. Second, we argue that the system of mutual expectations presupposed by conventions is a source of agreements. Agreements stemming (...) from conventions are “tacit” in the sense that they are implicated by what agents do (or forbear from doing) and without that any communication between them is necessary. To justify this conclusion, we assume that: (1) there is a salient interpretation, in some contexts, of everyone’s silence as confirmatory of the others’ expectations (an epistemic assumption), and (2) the participating agents share a value of not being motivated by hostile attitudes (a motivational assumption). By clarifying the relation between conventions and agreements, the peculiar normativity of conventions is analyzed. (shrink)

The article analyses information exchange agreements between competitors. The article aims to reveal the cases where the exchange of information between competitors might be considered as a prohibited agreement, violating Article 101 of the Treaty on the Functioning of the European Union or Article 5 of the Law of the Republic of Lithuania on Competition. The article analyses the legal nature of the information exchange agreements between competitors, with utmost regard to the criteria, according to which an agreement (...) on the exchange of information could be acknowledged as prohibited or violating the rules of competition law. In the article it is presumed that information exchange agreements do not aim at restricting competition, however in certain cases they might have the effect of restriction of competition. (shrink)

Through a new interpretation of Wittgenstein's rule-following discussions, this article defends a negotiating model of normativity according to which normative authority is always subject to contestation. To refute both individualism and collectivism, I supplement Wittgenstein's Private Language Argument with a Social Language Argument, showing that normativity cannot be monopolized either individually or socially (i.e. it cannot be privatized or collectivized). The negotiating view of normativity here developed lays the foundations of a politics of radical contestation which converges with Chantal Mouffe's (...) framework of 'radical democracy', while departing from her agonism in preserving the structuring and constraining role that tacit agreement in action plays in rule-following practices. My account of the 'burdens of eccentricity' elucidates how the normative force of dissidence can be properly recognized and used effectively for social transformations. I argue that there is a 'presumption of normalcy' in favour of the established consensus of action, but that this presumption is defeasible: in normative disagreements, a violation of expected normalcy shifts the burden onto the shoulders of rebellious agents who must show that their dissenting behaviour can be a legitimate extension, revision, or transformation of the practice in question. (shrink)

Emotive speech is a social act in which a speaker displays emotional signals with a specific intention; in the case of third-party complaints, this intention is to elicit empathy in the listener. The present study assessed how the emotivity of complaints was perceived in various conditions. Participants listened to short statements describing painful or neutral situations, spoken with a complaining or neutral prosody, and evaluated how complaining the speaker sounded. In addition to manipulating features of the message, social-affiliative factors which (...) could influence complaint perception were varied by adopting a cross-cultural design: participants were either Québécois or French and listened to utterances expressed by both cultural groups. The presence of a complaining tone of voice had the largest effect on participant evaluations, while the nature of statements had a significant, but smaller influence. Marginal effects of culture on explicit evaluation of complaints were found. A multiple mediation analysis suggested that mean fundamental frequency was the main prosodic signal that participants relied on to detect complaints, though most of the prosody effect could not be linearly explained by acoustic parameters. These results highlight a tacit agreement between speaker and listener: what characterizes a complaint is how it is said, more than what it is about or who produces it. More generally, the study emphasizes the central importance of prosody in expressive speech acts such as complaints, which are designed to strengthen social bonds and supportive responses in interactive behavior. This intentional and interpersonal aspect in the communication of emotions needs to be further considered in research on affect and communication. (shrink)

This paper argues that the problem of expertise calls for a rapprochement between social epistemology and argumentation theory. Social epistemology has tended to emphasise the role of expert testimony, neglecting the argumentative function of appeals to expert opinion by non-experts. The first half of the paper discusses parallels and contrasts between the two cases of direct expert testimony and appeals to expert opinion by our epistemic peers, respectively. Importantly, appeals to expert opinion need to be advertised as such, if they (...) are to sway an epistemic peer. The second half of the paper sketches a theoretical framework for thinking about assessments of expertise in a unified way, via a ‘default and challenge’ model that emphasises the need for a version of conversational scorekeeping. It is through such scorekeeping that interlocutors can track and coordinate their differences in epistemic outlook. The paper concludes with a genealogical perspective on the function of (attributions of) expertise: acceptance of another’s appeal to expert opinion may be construed as tacit agreement that inquiry, for now, has been taken far enough. (shrink)

Environmental public policies are suffering the harmful effects of a tacit agreement between political and economical elites. Heedless of philosophical-political references, an international politico-economical oligarchic caste is largely united around dealing with environmental issues based on the sustainable development model, which is an expression of a utilitarian, anthropocentric perspective. Moreover, for this model biodiversity is in the main merely a reservoir of natural resources for human use. A dual transition – both ethical and political – is thus urgently (...) needed to preserve the integrity of natural systems and support the development of truly human societies. (shrink)

While the Value-Free Ideal (VFI) had many precursors, it became a solidified bulwark of normative claims about scientific reasoning and practice in the mid-twentieth century. Since then, it has played a central role in the philosophy of science, first as a basic presupposition of how science should work, then as a target for critique, and now as a target for replacement. In this paper, we will argue that a narrow focus on the VFI is misguided, because the VFI coalesced in (...) the midst of other important shifts in the relationship between science and society. In particular, the mid-twentieth century saw the acceptance of the “social contract for science,” a tacit agreement between scientists and government officials, and more broadly between science and society. It was built around three core concepts: a distinction between basic and applied science, a conception of scientific freedom that limited social responsibility for scientists, and a justification for public funding of basic science in the form of the linear model. Within the conceptual framework of the social contract for science, it is clearer both (1) why the VFI was adopted, (2) why it is difficult to replace the VFI within the old social contract, and (3) how we need to revise the social contract for science in order to replace the VFI. (shrink)

One of the traditional requirements of jus in bello is that military action should be proportionate in the loss and injury caused to troops to the military objectives it secures. However, the ?overwhelming force? applied in two Gulf Wars has been criticised as disproportionate. This article suggests a criterion for judging whether force is proportionate by considering what those who enter the profession of arms might be expected to tolerate or to undertake. A tacit agreement between troops on (...) each side is postulated, breaches of which count as unfair conduct, including cases of the disproportionate use of force. (shrink)

Children's autonomy includes, as far as possible, self-determination, bodily integrity and the right to influence outcomes. Limits to bodily integrity, which involves no touching without the child's consent or tacit agreement, are discussed. The clinical, legal and ethics literature tends to agree that children may give valid consent to major recommended treatment from around 12 years but may not refuse it until they are legal adults. Research shows that young children are more aware of their bodily integrity and (...) autonomy, of morality and decision making, than was assumed in the past. Adults therefore need to inform children and respect their initially instinctive efforts to protect their bodily integrity. Unlike assent, consent involves patients being adequately informed and being able to accept or refuse proposed treatment. Reasons are given for adults’ need to consult with children when determining their best interests. Beyond words, giving or withholding consent also involves emotions of fear, trust and courage, besides embodied reactions of cooperating with treatment or resisting it, in which young children actively engage. Some clinicians work with the informed cooperation of young children who need lifesaving treatment, and at times accept their refusal. Reasons for differences between mainstream experts’ views and clinical practices are considered. (shrink)

This chapter contains sections titled: Abstract Introduction The Tacit ‐ Agreement Approach to Morality as Social Construction Speaker Relativism What it Might Mean for Morality to be Constructed as Part of Human Culture Explaining Moral Commonalities and Differences Across Cultures Relativism and the Meaning of Moral Terms Explaining Intra ‐ Group Disagreement Why Fundamental Intragroup Disagreement Might Be Inevitable References.

In interactive situations, agents can “learn” something that is not a preexisting truth. They can converge to an arbitrary convention, or tacit agreement. Once established they may even view it as an objective truth. Here we investigate accommodation dynamics for interpersonal comparisons of utility intervals. We show, for a large class of dynamics, convergence to a convention.

RESUME-Les politiques publiques environnementales souffrent des effets néfastes d’une entente tacite entre élites politiques et élites économiques. Indépendamment des références philosophico-politiques, une caste oligarchique politico-économique internationale gère, de manière substantiellement unitaire et tendanciellement autocratique, les affaires environnementales selon le modèle du développement durable, matérialisation d’une perspective utilitariste, anthropocentrique et ressourciste qui, essentiellement, considère que la biodiversité n’est rien d’autre qu’une réserve de ressources naturelles à la disposition de l’humanité. Désormais, une double transition éthique et politique est nécessaire pour préserver l’intégrité (...) des systèmes naturels et pour soutenir le développement des sociétés humaines. -/- ABSTRACT-Environmental public policies are suffering the harmful effects of a tacit agreement between political and economical elites. Heedless of philosophical-political references, an international politico-economical oligarchic caste is largely united around dealing with environmental issues based on the sustainable development model, which is an expression of a utilitarian, anthropocentric perspective. Moreover, for this model biodiversity is in the main merely a reservoir of natural resources for human use. A dual transition – both ethical and political – is thus urgently needed to preserve the integrity of natural systems and support the development of truly human societies. (shrink)

Admittedly there exists a considerable amount of contemporary literature on liangzhi that, to a certain extent, provides us with fruitful and insightful perspectives into Wang Yangming’s doctrine. And the majority of this literature, as if by tacit agreement, focuses on the interconnection between liangzhi and knowledge, whether it be innate, original, perfect, or moral knowledge. While this academic endeavor is credited with pushing forward studies of Chinese thought, it is the task of philosophy always to engage in the (...) examination of established practices as well as the quest for new possibilities.Take Wing-tsit Chan’s English rendition of Wang’s Chuanxi lu 傳習錄: the translations of liangzhi into “innate or... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Spheres of Philosophical Inquiry and the Historiography of Medieval Philosophy by John InglisMark D. JordanJohn Inglis. Spheres of Philosophical Inquiry and the Historiography of Medieval Philosophy. Brill’s Studies in Intellectual History, volume 81. Leiden, Boston, Köln: Brill, 1998. Pp. x + 324. Cloth, $99.50.Modern philosophers have shown themselves quite unphilosophical about the academic history of their own discipline. Content with grand stories that move from Plato to themselves, (...) they have treated institutional histories, recent histories, and bibliographical histories as unworthy of attention. John Inglis sets out to change all that for the study of medieval philosophy. He demonstrates by the book’s end that we have failed to recognize our historiographical procedures as conventions—with very particular histories of their own.The first part of the book traces the genealogy of the dominant (one might say, hegemonic) model in recent studies of medieval philosophy. The genealogy is prefaced with two chapters that show how various were the motives for reconstructions of medieval thought before 1850 in authors such as Billuart, Goudin, and Brucker or Hegel, Ritter, and Hauréau. These chapters might be dismissed by contemporary scholars as so much antiquarianism. There can be no dismissing the relevance to contemporary work of Inglis’s main genealogy, which runs with surprising directness from Joseph Kleutgen (1811–1883) and Albert Stöckl (1823–1895) to Norman Kretzmann and Anthony Kenny.It adds to the piquancy of Inglis’s argument that most specialists in medieval philosophy will not even recognize the names of Kleutgen and Stöckl, much less feel kinship with them. But Inglis shows convincingly what Kleutgen and Stöckl did to make the study of medieval philosophy possible in modern universities. Kleutgen mapped the medieval texts onto a system of “spheres,” of fields or topics, recognizable to professors of philosophy. This means that he necessarily privileged epistemology, as he necessarily connected a medieval thinker’s views across the “spheres” into a system—or a failed attempt at one. Kleutgen then emphasized the reason/revelation dichotomy and an allegiance to what he understood as the system of Thomas Aquinas. Put these elements together and you have a surprisingly familiar story. It remained for Stöckl to write it up as an erudite and monumental narration.Inglis follows this „Kleutgen-Stöckl model” through a number of more familiar authors, including De Wulf, Gilson, Boehner, Weinberg, and the editors of the Cambridge [End Page 530] History of Later Medieval Philosophy. Of course, in reducing the genealogy to a list of famous names I ignore two of its great virtues. The first is the detail with which it retells the institutional circumstances and the forgotten intermediaries of the scholarly tradition. Behind the genealogy, around its borders, there stands Inglis’s enormous effort of original research, much of it archival. The genealogy’s second virtue is the dialectical subtlety with which it locates continuities under contradictions. Gilson is usually touted as the antithesis of De Wulf, and Kretzmann of Gilson. Inglis makes such antitheses seem superficial by comparing them with an abiding if tacit agreement about how medieval texts can be appropriated within modern philosophy. To seal the comparison, Inglis suggests in the book’s second part what a real antithesis to the Kleutgen-Stöckl model might be. He reconstructs, in his last two chapters, Thomas’s accounts of human knowledge and of theology’s relations to philosophy in opposition to that model’s prescriptions.No review can represent—or even adequately praise—the enormous learnedness of this book. Moreover, since the book already discusses so much, it must seem ungrateful to suggest that it ought to discuss anything else. Let me end then rather by posing two questions beyond the book’s end. First, does Inglis’s genealogy mean to suggest that the Kleutgen-Stöckl model is now chiefly received in English-speaking philosophy departments? I wonder, for example, how far Inglis might judge Alain de Libera’s Penser au Moyen Age (Paris: Éds. de Seuil, 1991) an alternative to that model. Certainly de Libera shows more self-consciousness about the culturally determined history behind our historiography. His emphasis on the thirteenth-century recovery... (shrink)

La 4e de couverture indique : "The author introduces the reader to reasoning in law through the possilities, boundaries and traps of assuming personal responsibility and impersonal pattern adoption that have arisen in the history of human thought and in the various legal cultures. He discloses actual processes hidden by the veil of patterns followed in thinking, processes that we encounter both in our conceptual-logical quests for certainties and in the undertaking of fertilising ambiguity. When trying to identify definitions lurking (...) behind the human construct of facts, nitons, norms, logic, and thinking, or behind the practice of giving meanings, he discovers tradition in our presuppositions, and our world-view and moral stance in our tacit agreements. Recognising the importance of the role communication plays in shaping society, he describes our existence and institutions as self-regulating processes. Since law is a wholly social venture, we not only take part in its oeuvre with our entire personality, but are also collectively responsible for its destiny. In the final analysis, anything can be qualified as 'legal' or 'non-legal' in one or another recognised sense in which law can originate, but, as a relative totality, it can only be qualified as 'more legal' or 'less legal' in any combination of the above senses. Being formed in an uninterrupted process, neither the totality nor particular pieces of law can be taken as complete or unchangeably identical with itself. Therefore law can only be identified through its motions and computable states of 'transforming into' or 'withdrawing from' the distinctive domain of the law. Thereby both society at large and its legal professionals actually contribute to -by shaping incessantly- what presents itself as ready-to-take, according to the law's official ideology. For our initation, play, role-undertaking and human responsibility lurk behind the law's formal mask in the backstage. Or, this equals to realise that all we have become subjects from mere objects, actors from mere addressees. And despite the variety of civilisational overcoasts, the entire culture of law is still exclusively inherent in us who experience it day to day. We bear it and shape it. Everything coventional in it is convenctionalised by us. It has no further existence or effect bexond this. And with its existence inherent in us, we cannot convey the responsibility to be born for it on somebody else either. It is ours in its totality so much that it cannot be torn out of our days or acts. It will thus turn into what we guard it to become. Therefore we must take care of it at all times since we are, in many ways, taking care of our own". (shrink)

In response to several requests from commentators, an unambiguous definition of time-varying joint stiffness is provided. However, since a variety of different operations can be used to measure stiffness, a problem for quantification admittedly still exists. Several commentaries pointed out the advantage of controlling joint stiffness in optimizing the speed-accuracy trade-off known as Fittss law. The deficit in rapid reciprocal movements and the impact on joint stiffness inhibition caused by cerebellar lesions is clarified here, as the target article was apparently (...) misinterpreted by some readers. In response to the challenge that there is little consensus among cerebellar physiologists, several areas of tacit agreement with other theories of cerebellar function are enumerated. An alternative interpretation of studies showing a transient activation of the cerebellum in motor learning is suggested. Finally, the relationship between the command signals generated by supraspinal centers such as the cerebellum and spinal interneuron networks controlling muscle synergies is discussed. (shrink)

Recent commentators on Nietzsche’s philosophy have paid careful attention to his reflections on truth. While this issue has generated significant dispute, one prominent school of thought is in tacit agreement about the view of language that underlies Nietzschean truth. This view holds that certain linguistic entities can capture precise, distinct units of propositional content and static, rigidly designated conceptual meanings. A closer look at Nietzsche’s various analyses of language and logic reveals not only that he does not subscribe (...) to such a position, but that he offers a sustained critique against the possibility of any form of atomism of language. It was only in the 1880s, after Nietzsche overcame his dualistic commitments to Kant and Schopenhauer and embraced a philosophy of becoming, that the full power of his critique is made manifest. (shrink)

Phenomenon of transdisciplinarity was put into the fore of analysis rather recently. In the article an attempt is made to find out whether it is possible to attribute this phenomenon not only to a science of the 21st century, or we have here the case where some scientific realities come to the attention of researchers with certain delay and has its value for the culture in general? It is possible to judge even the emergence of a kind of cognitive revolution (...) affecting both science culture. We need to find out what is meant by a transdisciplinarity, and how it differs from the inter- or multiransdisciplinarity. In the study the method of historical reconstruction, combining elements of presentism and antiqurism, was implemented. This method allows us to interpret historical events in the context of a specific level of knowledge, and at the same time to evaluate them in terms of modern ideas related to transdisciplinarity, inter- and multidisciplinarity. System-structural method, focused on an integrated analysis of the dynamics of development of cognitive processes in culture was implied as well, and the method of comparative analysis, which is aimed at comparing different but conceptually similar processes in various areas of conceptual art practice. It is in the framework of paradigm adopted a tacit agreement among scientists about the validity and effectiveness of research methods and techniques of inquiry. Within the paradigm, which presupposes certain fundamental principles, goals, and certain values shared by the scientific community, the novel sprouts of radical ideas once emerge. The scientific revolution here means a radical revision of the admissibility of accepted and proven methods, goals and values that are common to the members of the scientific community. Typically, new theories and concepts proposed and already mastered new scientific community, which is gradually replacing its representatives on the key command altitudes. The kernel of scientific community in fact is a style of thinking that is emerged in the context of a particular discipline, and then experience expansion in the form of discursive practices at a wide space of science and culture due to the novel cognitive schemes open the way to synthesize various research domains into a certain integrity. There is no question of the scientific revolution in the sense of Kuhn, since any significant goals and values of the scientific communities are not affected. Nevertheless, in some sense cognitive revolution taking place, the revolution of transdisciplinary type. The adoption of a new style of scientific thinking often gives rise to new types of objects and directions of cognitive activity, a new type of explanation that require new types of research proposals and cultural activities. Thus, the main idea of this article is that along with the Kuhn type scientific revolutions, transdisciplinary type scientific revolutions are conceivable, and even transdisciplinary cognitive types. This revolutions manifests in a change in style of reasoning, and it results in the expansion of this style to wide space of science and culture through the cognitive schemes and techniques, which enables to synthesize research and art activity in some integrity. Adoption of a new way of reasoning and the transition to new discursive practices generates new types of research facilities, new mechanisms of explanation, new cultural blueprints and instruments. Cognitive activity, based on a new style of thinking, involves multidisciplinarity, formation of new scientific and cultural institutions, and, therefore, causes a noticeable social change. Based on an analysis of interdisciplinary, multidisciplinary and transdisciplinary processes in modern science and culture the authors claim that it is namely transdisciplinarity would determine the face of science and culture in the medium term, and will form the basis for the convergence of science, technology, art, and consciousness studies in general. (shrink)

The contemporary discussion of terrorism has been dominated by deontological and consequentialist arguments. Building upon my previous work on a paradox concerning moral complaint, I try to broaden the perspectives through which we view the issues. The direction that seems to me as most promising is a self-reflexive, conditional, and, to some extent, relational emphasis. What one is permitted to do to others would depend not so much on some absolute code constraning actions or on the estimate of what would (...) optimize overall the resulting well-being but on the precedents that the past actions of those others provided, on the relationships among the participants, on tacit or explicit offers and possible agreements among them, and on the reciprocity (or lack thereof) that ensues. (shrink)

This book contributes to the developing dialogue between cognitive science and social sciences. It focuses on a central issue in both fields, i.e. the nature and the limitations of the rationality of beliefs and action. The development of cognitive science is one of the most important and fascinating intellectual advances of recent decades, and social scientists are paying increasing attention to the findings of this new branch of science that forces us to consider many classical issues related to epistemology and (...) philosophy of action in a new light. This book encourages scholars from different fields who are interested in the dialogue between cognitive science and social sciences, to develop and analyze new perspectives that allow us to elucidate the mystery of rationality. What is rationality? What are its limitations? What rationality assumptions must be used to study social and economic phenomena? The target audience primarily comprises researchers and experts in the field. Analysis of the concept of rationality is a leitmotiv in the history of the social sciences and has involved endless disputes. Since it is difficult to give a precise definition of this concept, and there is a lack of agreement about its meaning, it is possible to say that there is a ‘mystery of rationality’. What is it to be rational? Is rationality merely instrumental or does it also involve the endorsement of values, i.e. the choice of goals? Should we consider rationality to be a normative principle or a descriptive one? Can rationality be only Cartesian or can it also be argumentative? Is rationality a conscious skill or a partly tacit one? This book, which has been written by an outstanding collection of authors, including both philosophers and social scientists, tries to make a useful contribution to the debates on these problems and shed some light on the mystery of rationality. (shrink)

This paper explores the tacit presumption that U.S. government disclosure of information regarding prior contact with extraterrestrials would precipitate a religious crisis (presuming that there is information to disclose). This issue has remained controversial since the earliest ufological writing, both government and academic, yet only minimal empirical evidence has been forthcoming. The present analysis is based on data collected as a part of the Alexander UFO Religious Crisis Survey (AUFORCS), a private study of Protestant, Roman Catholic, and Jewish clergy (...) (N = 229) conducted in 1994 whose raw data only recently have been made public (to the author of this paper). The AUFORCS consisted of 11 statements about extraterrestrial contact, alien life, and a putative impact on religion, scaled on a five-point Likert metric requiring respondents to affirm their agreement or disagreement with each item. Findings from the AUFORCS data confirm that disclosure would not precipitate much of a religious crisis. Nor do there appear to be substantive differences in how leaders of respective religious traditions would react to such disclosure. The desirability of replicating this study through a large-scale national probability survey of the U.S. adult population is discussed. Keywords: ufology—extraterrestrials—religion—surveys. (shrink)

My thesis is that morality arises when a group of people reach an implicit agreement or come to a tacit understanding about their relations with one another. Part of what I mean by this is that moral judgments - or, rather, an important class of them - make sense only in relation to and with reference to one or another such agreement or understanding. This is vague, and I shall try to make it more precise in what (...) follows. But it should be clear that I intend to argue for a version of what has been called moral relativism. (shrink)

At the start of Convention (1969) Lewis says that it is "a platitude that language is ruled by convention" and that he proposes to give us "an analysis of convention in its full generality, including tacit convention not created by agreement." Almost no clause, however, of Lewis's analysis has withstood the barrage of counter examples over the years,1 and a glance at the big dictionary suggests why, for there are a dozen different senses listed there. Left unfettered, convention (...) wanders freely from conventional wisdom through conventional medicine, conventions of art and "conventions of morality" to conventions of bidding in bridge.2 Surely it is unwise to try to fell these all with a single stone. Lewis's original goal, however, pursued further in (Lewis 1975), was to describe the conventionality of language, and this may be a more reasonable target. (shrink)

The philosophy of emotion has long been divided over the cognitive nature of emotion. In this paper I argue that this debate suffers from deep confusion over the meaning of “cognition” itself. This confusion has in turn obscured critical substantive agreement between the debate’s principal opponents. Capturing this agreement and remedying this confusion requires re-conceptualizing “the cognitive” as it functions in first-order theories of emotion. Correspondingly, a sketch for a new account of cognitivity is offered. However, I also (...) argue that this new account, despite tacit acceptance by all major theories of emotion, in fact rules out some of the most fundamental and controversial claims of one side of the nature-of-emotion debate, emotional cognitivism. (shrink)

Based on a review of the literature and historical evidence, I argue that the use of the methodological principle known as the priority principle in Anglo-American Nietzsche scholarship is inconsistent and irreconcilable with historical evidence. It attempts to demarcate between the published works and the Nachlass. However, there are no agreed upon necessary and sufficient conditions of a particular textual object being considered “Nachlass.” This absence leads to implicit and often tacit value demarcation criteria that can be broadly grouped (...) into four types of consideration: publication, authorization, publicness, and audience. Each of these criteria pick out a different set of texts as “Nachlass.” Thus, despite the veneer of agreement, the most broadly accepted methodological approach in the Anglo-American tradition of Nietzsche scholarship is applied inconsistently. I argue that we must either offer necessary and sufficient conditions for a piece of text being Nachlass, or we ought to abandon such abstract criteria altogether and embrace a contextual and historical approach. I then argue that the first option is impossible given historical evidence. I conclude this article by explicating several recent German approaches to the Nachlass which I think can offer a new possible approach. (shrink)

Early psychophysical methods as codified by Fechner motivate the development of quantitative theories of subjective experience. The basic insight is that just noticeable differences between experiences can serve as units for measuring a sensory domain. However, the methods described by Fechner tacitly assume that the experiences being investigated can be linearly ordered. This assumption is not true for all sensory domains; for example, there is no trivial linear order over all possible color sensations. This paper discusses key developments in the (...) history of psychophysical methods for measuring color experience. In particular, a clear distinction between topological and metrical structure allowed Helmholtz to use opponent colors as a standard for measuring the gross structure of color space. Once this gross structure had been determined, lines through color space could be defined and Fechner-style methods employed for determining local structure. Extensions of these methods due to Wright, MacAdam, and others provide detailed evidence for the degree of agreement in the qualities of color experience across individuals. This allows a precise statement of the evidential support for the claim that your experience of color and mine are the same. (shrink)

Our society has long sanctioned, at least tacitly, a degree of conflict of interest in medical practice and clinical research as an unavoidable consequence of the different interests of the physician or clinical investigator, the patient or clinical research subject, third party payers or research sponsors, the government, and society as a whole, to name a few. In the past, resolution of these conflicts has been left to the conscience of the individual physician or clinical investigator and to professional organizations. (...) The public is no longer willing to allow health care providers to wholly govern their own conflicts of interest for several reasons. These include: new forms of health care financing and delivery that provide innovative and lucrative opportunities for physician or insurer enrichment at patient expense; the increased importance of commercial research support as peer-reviewed governmental research support has decreased; evidence that physicians and clinical investigators too frequently resolve conflicts of interest in their own favor; and a general societal mistrust of authority. This volume represents a multidisciplinary effort, drawing from philosophy, medicine, law, economics and public policy to identify and categorize conflicts of interest in medical practice and clinical research, and, where possible, to offer a mechanism for resolving them. Part I addresses conflicts of interest from a theoretical perspective, offering basic concepts and analytical frameworks. The second part discusses two topics prominent in current health care policy debates--self-referral and financial incentives to limit care. Part III examines conflicts of interest generated by pharmaceutical industry involvement in clinical practice and research. The final section deals with conflicts of interest in clinical research in several contexts, including institutional reviews boards, clinical trials, Cooperative Research and Development Agreements between government and private researchers, brokerage of research subjects by Contract Research Organizations, and cost-effectiveness studies. (shrink)

In this dissertation I consider the merits of certain nominalist accounts of phenomena related to the character of ordinary objects. What these accounts have in common is the fact that none of them is an error theory about standard cases of predication and none of them deploys God or uniquely theistic resources in its explanatory framework. -/- The aim of the dissertation is to answer the following questions: -/- • What is the best nominalist account on offer? • How might (...) it be improved? • Does it ultimately succeed? -/- I will argue that while so-called trope theory is the best account on offer, it can be significantly improved—or replaced—by a novel version of nominalism that is modeled after trope theory. Ultimately, however, I will argue that even the novel version fails. -/- The dissertation unfolds as follows. In Chapter 1, I introduce Austere Nominalism (AN), which is perhaps the most extreme version of nominalism that falls within the scope of the dissertation. AN is often described as the view that there exist only concrete particulars. According to AN, it is unnecessary to posit any entities other than ordinary objects—turkeys, tables, and the like—in order to account for explananda related to the character of those objects. (Such explananda include the phenomenon of attribute agreement, of attribute possession, of true subject-predicate sentences, etc.) In this chapter I argue that AN fails to provide an adequate account of these explananda. In addition, introducing and criticizing AN serves an important heuristic role for the rest of the dissertation. To understand this role, we must distinguish between the basic explanatory strategy deployed by the austere nominalist and the type of explananda for which she deploys that strategy. The austere nominalist deploys the strategy to account for the character of ordinary objects. As I argue in Chapter 1, this deployment is a failure. As I go on to show in Chapter 2, the widespread rejection AN has led to a variety of rival accounts of the character of ordinary objects. In rejecting AN, however, these accounts also tacitly reject its basic explanatory strategy. Thus goes the baby with the bathwater, since, arguably, there are some attractive features of AN’s basic explanatory strategy. Indeed, those who defend the most prominent version of nominalism—trope theory—seem to overlook the advantages of AN’s basic strategy, and by so doing, make an unnecessary concession to the realist. Or so I argue in Chapter 3. And, as I will argue in Chapter 4, the strongest version of nominalism is a novel account, modeled after trope theory, that deploys AN’s basic strategy at a more fundamental level than that of ordinary objects. This novel account—troper theory—is closer in spirit to AN than is traditional trope theory. (Thus, AN serves as a foil for the discussion of other nominalist views.) Finally, in the Afterword I indicate how troper theory is equally vulnerable to some of the traditional objections that plague trope theory. Thus, if you are not convinced that traditional objections to trope theory are conclusive and you want to be a nominalist, then you should abandon trope theory and adopt troper theory. If you take traditional objections against trope theory to have significant force, then you should reject both theories. (shrink)

Might the 2018 birth of two designer babies in China write the opening paragraph for the next chapter in the history of eugenics? The worldwide scientific community has tacitly put a moratorium on human clinical application of CRISPR gene editing, waiting until unknown risks can become known. But this ethical agreement has been breached, and calls are now being heard for more rigorous regulations. Perhaps religious and spiritual leaders can join the bioethical chant: the yellow light of caution is (...) flashing. (shrink)

Locke characterizes sensitive knowledge as knowledge of the existence of external objects present to the senses, and in terms of an ‘assurance’ that falls short of the certainty of intuition and demonstration. But it is unclear how this fits with his general definition of knowledge, as the perception of the agreement or disagreement of ideas, and it is unclear how that assurance can amount to knowledge, rather than amounting to mere probability (which he contrasts with knowledge). Some contend that (...) Locke does not regard sensitive knowledge as genuine knowledge, but only honourifically calls it knowledge. In contrast, I argue that Locke holds that sensitive knowledge is knowledge, though he takes the conditions for it to be very different from the conditions for intuitive and demonstrative knowledge. It is not the assurance alone which Locke thinks qualifies sensitive knowledge as such: it is also the fact that the assurance arises from the actual employment of the senses upon external objects, and the fact that the senses do not generally deceive us, which he thinks qualifies sensitive knowledge as genuine knowledge. That there is a (tacit) form of externalism in Locke's account of sensitive knowledge is the main thesis of this paper. (shrink)

Some argue that if an agent intentionally participates in collective wrongdoing, that agent bears responsibility for contributing actions performed by other members of the agent’s collective. Some of these intention-state theorists distribute co-responsibility to group members by appeal to participatory intentions alone, while others require participants to instantiate additional beliefs or perform additional actions. I argue that prominent intention-state theories of co-responsibility fail to provide a compelling rationale for why participation in collective wrongdoing merits responsibility not only for one’s own (...) actions but the contributing actions of others as well. I propose that authorization agreements provide us with a suitable rationale. Authorization may be expressly given, as when one person signs a document authorizing another to advance her aims. Or, authorization may be tacitly or implicitly given by participating in and sufficiently contributing to a common plan. If a person authorizes an agent to act, it is right to blame the authorizer for what the agent does on the authorizer’s behalf. An authorization theory justifies the distribution of co-responsibility by appeal to the morally transformative power of agreement, thereby providing a compelling rationale for why a person may be to blame for contributing actions performed by other agents. (shrink)

Some argue that if an agent intentionally participates in collective wrongdoing, that agent bears responsibility for contributing actions performed by other members of the agent’s collective. Some of these intention-state theorists distribute co-responsibility to group members by appeal to participatory intentions alone, while others require participants to instantiate additional beliefs or perform additional actions. I argue that prominent intention-state theories of co-responsibility fail to provide a compelling rationale for why participation in collective wrongdoing merits responsibility not only for one’s own (...) actions but the contributing actions of others as well. I propose that authorization agreements provide us with a suitable rationale. Authorization may be expressly given, as when one person signs a document authorizing another to advance her aims. Or, authorization may be tacitly or implicitly given by participating in and sufficiently contributing to a common plan. If a person authorizes an agent to act, it is right to blame the authorizer for what the agent does on the authorizer’s behalf. An authorization theory justifies the distribution of co-responsibility by appeal to the morally transformative power of agreement, thereby providing a compelling rationale for why a person may be to blame for contributing actions performed by other agents. (shrink)

This paper follows up the analysis of relativity theory begun by Margenau and Mould, by including electromagnetic theory which in their treatment was tacitly accepted. It is shown that the experiments on which Margenau and Mould rely to establish the special theory of relativity actually confirm the mutual consistency of the Maxwell-Lorentz electromagnetic theory and the special relativity theory, but throw no light on the validity of the two theories taken jointly. It is further shown that a modification of the (...) rules of correspondence between the mathematical structure of the theories and immediate experience would bring the theories into agreement with an alternative relativity theory based on the Galilean instead of the Lorentz transformation. An experiment is suggested by which the need for such modification can be tested. A proof is then given that the rules of correspondence between the concepts of the special relativity theory (and therefore of current electromagnetic theory) and experience are not self-consistent, so that some modification of current ideas is essential. It is suggested that a generalisation of Maxwell's theory, in terms of Faraday's "ray vibrations" instead of Lorentz's static ether, might provide a satisfactory basis for a relativistic electromagnetic theory. (shrink)

This article explores the role of contract law inintimate relationships, focussing on tacit or onlypartially express agreements rather than expressprenuptial or cohabitation contracts. It welcomes theembrace of relational contract theory by feminist andgay and lesbian commentators, but argues that keydifferences between commercial and intimaterelationships need further analysis if the potentialof relational theory in cases of informal agreement isto be realised. The first difference is that,while commercial contracts can draw on the context ofa contracting community as a source of (...) norms to fillgaps in agreement, there is no equivalent source ofnorms for intimate relationships. The seconddifference is that, although relational theory entailsthe attenuation of self interest in commercialcontracts, in intimate relationships the sense inwhich self interest is attenuated is quite different,with the result that concepts such as cooperation andaltruism have different meanings. The result of thesedifferences is that, in some intimate relationships,there will be informal understandings falling short ofbargain, which will be unenforceable – under bothorthodox contract law and more relationalinterpretations of it. It is argued that many suchinformal agreements are distinguishable from mostgratuitous promises because they are characterised bya degree of reciprocity between the parties. Thepossibility of the law of contract recognising suchnon bargain agreements based on reciprocity isexplored, and it is argued that the enforcement ofsuch agreements represents a less distorting legalresponse than that available through the use ofpromissory estoppel. (shrink)

In this paper, I take inspiration from some themes in Ann Murphy’s recent book, Violence and the Philosophical Imaginary, especially her argument that philosophy’s identity and relation to itself depends on an intimate relationship with that which is designated as not itself, the latter of which is a potential source of shame that calls for some form of response. I argue that this shame is particularly acute in regard to the natural sciences, which have gone on in various ways to (...) distance themselves from their progenitor discipline and to achieve both agreement and technical progress in a way that could never be said of philosophy. I trace out some of the reactions to this shame that have dominated in the twentieth century and been a factor in the so-called analytic-continental ‘divide’. The options here are many and varied, but they range from cannibalism, scientific naturalism, or some kind of irenic separatism about methods or domains such that science and philosophy do not encroach upon the territory of each other. My aims here are mainly diagnostic, but I will indicate where I think that certain responses to this shame are unproductive and unhelpful, with divergent weaknesses associated with the traditions that have come to be labelled ‘analytic’ and ‘continental’ respectively. My tacit suggestion, then, is that philosophy needs to become post-analytic and meta-continental, but I will also briefly criticize some recent efforts to do precisely this in what is sometimes called the ‘scientific turn’ in contemporary continental philosophy. (shrink)

ABSTRACTThe opening reference to masturbation in Jonathan Swift’s Gulliver’s Travels provides evidence of not only an embedded cultural commentary on the masturbatory tendencies of modernity but also specific contempt for the novel as a masturbatory literary form. The same point is made elsewhere in Swift’s poetry and his parody of the erotic scene of female masturbation that continued to be a staple of amatory fiction. Yet the same body of writing reveals Swift’s recognition that he too was guilty of producing (...) literary fuel for masturbation, as were the Ancients themselves whose works continued to invite a sexualized response from readers. As such, Swift reveals an ironic point of agreement with female authors of amatory fiction such as Delarivier Manley and Eliza Haywood, who represent instances of the poetry of the Ancients being put precisely to this use, providing tacit excuse for their own erotically charged writing. In his later notorious diagnosis of Swift as a chronic masturbator literary physician Thomas Beddoes is arguably responding at least in part to Swift’s own sense of entrapment within masturbatory modernity. (shrink)

At least prima facie, there is no doubt that the later Wittgenstein conceived intentionality as a normative notion, where the normativity in question is of a linguistic kind. As he repeatedly says, the (internal) agreement between thought and reality that makes a particular subsisting state of affairs be the fulfilment of a certain intentional state is to be found in language, and language is intrinsically normative. Or, to put it more precisely, it is a rule of grammar that the (...) intentional state that p is the state that p satisfies. Yet the arguments that one can reconstruct on a textual basis in order to support this conception do not seem entirely convincing. On the one hand, one can exploit a straightforward argument for a linguistically normative intentionality to the effect that there cannot be a priority of thought over public language. According to this argument, if there were a prelinguistic thought, this could only be expressed by an impossible private language. Yet this argument basically relies on the implicit but controversial premise that any language is a normatively imbued structure. On the other hand, one can retrace an indirect argument for a linguistically normative intentionality to the effect that public language cannot derive its meaningfulness from a prelinguistic thought not only originally, but also intrinsically, endowed with intentionality, for there is no such thing: any attempt at singling out such a thought is doomed to fail, for it faces an infinite regress problem. Yet even this argument relies on a tacit premise claiming that thought has a physical design component, it is a (psychic) fact. This premise cannot be taken for granted if one accepts that intentional states have both original and intrinsic intentionality. These two elements – having both original and intrinsic intentionality – can indeed be simultaneously accommodated if one maintains that intentional states are abstract particulars having no physical basis. At any rate, evicting intentionality from language as conceived by Wittgenstein, hence from normativity, does not show that Wittgenstein was wrong in thinking that meaning is an intrinsically normative notion. On the contrary, one can precisely combine a non-normative view of intentionality with a normative conception of meaning: the meaning of an expression is what the intending of an intentional content becomes once that intending is expressed by correctly using the expression in question. Moreover, appearances notwithstanding, there is room for attributing to the later Wittgenstein not the ambitious thesis that public language precedes thought in general (so that intentionality is a linguistically normative property), but just the more cautious thesis that complex thoughts require language in order for them to be articulated. (shrink)

This book explores the significance of implicit understandings and tacit expectations of the parties to different kinds of contractual agreements.

One of the great contributions of postmodern thinkers like Michel Foucault and Jacques Derrida to the human sciences generally, in which Education is situated, has been the concept of "discourse." To call a particular way of thinking and acting a discourse is to reference the way meaning is achieved amongst actors by a mutual agreement, direct or tacit, about key terms and actions. A discourse is a kind of self-enclosed semantic and practical universe within which people operate "as (...) if" everyone knew what everyone else is talking about. (shrink)

The basis for the secrecy is equally apparent, being furnished by Kant a bit later: it could, he suggests, damage the repute of governments to take counsel in foreign affairs from their “subjects.” As a consequence, what can only be publicly executed ought to be agreed on previously in strict secrecy. The state may thus only “tacitly... summon its citizens” to “publicly discuss the general maxims of warfare and peacemaking”. Quite superfluously, a few lines later Kant expressly concedes that “no (...) particular agreement... in this particular point” is needed, corresponding as it does to the imperative of general “human reason.” The public status here openly endowed with secrecy thus has as its object nothing less than something morally and legally self-evident. (shrink)

The backward induction controversy in game theory flared up and then practically ended within a decade – the 1990s. The protagonists, however, did not converge on an agreement about the source of the controversy. Why was this the case, if opposing sides had access to the same modelling techniques and empirical facts? In this paper I offer an explanation for this controversy and its unsettled end. The answer is not to be found in the modelling claims made by the (...) opposing protagonists, but in the tacit metaphors they operate under. Aristotle defined metaphor as giving a 'thing a name that belongs to something else' (Poetica, 1457b). The meaning of metaphors has not changed much since then – in contrast to models which are comparatively new, and still not well-understood, scientific tools. The controversy of backward induction in game theory provides a test bed for the explanatory power of metaphors. This paper frames the controversy in terms of metaphor choice to provide a common framework for the protagonists. This results in the identification of three different domains – mathematical logic, game theory and the world – each connected to the other via different metaphors. The controversy around backward induction is placed in, and tentatively explained by, this framework. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:John Henry Newman and the Development of Doctrine: Encountering Change, Looking for Continuity by Stephen MorganReinhard HütterJohn Henry Newman and the Development of Doctrine: Encountering Change, Looking for Continuity by Stephen Morgan. Foreword by Ian Ker (Washington, DC: Catholic University of America Press, 2021), xvi + 315 pp.St. John Henry Newman was controversial during much of his lifetime—as an Anglican as well as a Catholic. Nothing has changed (...) since. There has been an eagerness to silence his voice, and with it the challenge of his theological insights then, and there is such an eagerness to do so also now—in ways more or less subtle. There are historians whose chosen object of study happens to be the Victorian Newman in the Victorian age and who take the immanent frame they tacitly presuppose as normative horizon and their assumed attitude of scientific detachment as indispensable precondition for historical objectivity, and who dismiss all interpretations of Newman that happen to display signs of substantive agreement with his insights and tenets as "Newman hagiographies" lacking the allegedly requisite scientific distance from their object of investigation. This principle of critical detachment would, of course, entail that Platonists are disqualified from investigating reliably Plato's thought, and the same would obtain presumably for Aristotelians regarding Aristotle, for Thomists regarding Thomas Aquinas, for Marxists regarding Karl Marx, for Foucaultians regarding Foucault, and so on and so forth—and last but not least, for historians committed to the immanent frame and historicist tenets regarding their interpretations of Troeltsch and Mannheim. Such an assumption, when consistently applied, carries itself, of course, sooner or later ad absurdum, but the derogatory denomination "Newman hagiography" survives and is conveniently attachable to whatever interpretation one likes to disqualify as scholarly serious and academically reputable work on Newman. Next to the "unmaskers" of "Newman hagiographies" there are those Newman scholars of a primarily evangelical and Anglican provenance eager to demonstrate that Newman's self-characterization, primarily [End Page 1335] in his Apologia Pro Vita Sua, is at best an ex post facto retro-projection, and hence an inherently unreliable, if not an intentional, re-composition of his intellectual past meant to be deceptive and hence bordering on the mendacious—in short, a renewal of Kingsley's charge. Things are not necessarily better on the Catholic side—since Orestes Brownson's attack, there continue notions, popular among Catholic traditionalists as well as Lefebvrists, that Newman's theory of the development of doctrine, if not outright modernist, is at best crypto-modernist, a view sadly encouraged by Catholic neo-modernists who instrumentalize Newman's account as a justification for interpreting "change" as an interminable but allegedly unavoidable sequence of ruptures and "development" as the intentional activity of progressive developers of doctrine establishing an ongoing praxis of pre-projected desired transmutations of faith, doctrine, and practice.It takes so-called "Newman hagiographers" to set the record straight and to save Newman's ongoingly pertinent and indeed salutary insights from multiple distortions and instrumentalizations, let alone attempts of effectively silencing Newman by way of a more or less subtle character assassination. It requires painstaking archival work and a close, careful, and comprehensive reading of Newman's published letters, diary entries, and works (in their original unrevised versions) as well as letters and works of his interlocutors and collaborators in the Oxford Movement to set the record straight, to unearth Newman's authentic voice, and first and foremost, to acquit him of the charge of systematic disingenuity, if not duplicity, in putting together his own account of the development of his religious opinions.John Henry Newman and the Development of Doctrine comprises, next to an introduction and a conclusion, four substantive chapters of about equal length: the first covering the years up to 1833, with a focus on Newman's first monograph, The Arians of the Fourth Century; the second considering the period from 1833 to 1838, with a focus on the Oxford Movement, the Tracts for the Times, and the Via Media; the third covering the period from 1839 to 1842, with a focus on Tract 90 and its aftermath; the fourth and final chapter advancing close... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Commentary on “Non-Cartesian Frameworks”James Phillips (bio)Whither psychoanalytic theory and practice? This is the question raised by Louis Berger as he confronts psychoanalysis’s response to the collapse of Cartesianism that has shaken the foundations of other humanist disciplines (as well as the natural sciences) and has finally caught up with Freud’s heirs. Anyone wanting evidence of this shakeup in psychoanalysis need only consult the final 1994 issue of the International (...) Journal of Psycho-Analysis. For the seventy-fifth anniversary edition of the journal, the editors organized a symposium on “The Conceptualization and Communication of Clinical Facts in Psychoanalysis.” In his foreword to the 300-page issue, the editor, David Tuckett (1994, 865–70), evokes the theoretical pluralism that has beset the field and asserts what is the presupposition of all the articles that follow: There are no theory-free facts, and the challenge now is to deal with this reality.I think I can assume, however, that for Berger these papers would mostly fall into his category of “not going far enough.” He invokes a Cartesian representationalism, critiqued variously by Heidegger, Wittgenstein, and Castoriadis, that continues to infect even such discussions of fact and theory in psychoanalysis as those in the landmark volume of the International Journal. Thus, though that volume may represent the official announcement of the death of positivism in psychoanalysis, it stops short of announcing the profession’s entry into the postmodern era. Indeed, it should be noted that in much contemporary discussion, an awareness of the issues of theoretical pluralism and fact/theory dilemmas rests quite comfortably with the most blatant examples of representational thinking. The object-relations tradition, for instance, remains such a dominant force that most of us would have a hard time giving up our talk of internal objects and internal representations.Berger’s presentation of the three critics of representational thought is clear and enlightening. The inclusion of Castoriadis is important because he, unlike Heidegger and Wittgenstein, is a clinician. Berger’s application of this critique of representation to psychoanalysis, and specifically to the question of the theory/practice relationship, is also developed in a meaningful way. (For a development of the critique of representational thinking that emphasizes the role of Locke in expanding the Cartesian tradition, see Nasser 1994.) Since I am in agreement with the thrust of Berger’ s presentation and have little to add to it, I will focus my comments on one area that I think does warrant further discussion—the relations between the postmodern and other postempiricist or postpositivist traditions. Although some writers (e.g., Leary 1994; Silverman 1994) tend to group movements such as postmodernism, hermeneutics, [End Page 187] and social constructionism together, Berger’s argument singles out postmodernism as the only truly nonrepresentational postempiricist movement.Of the other non-Cartesian traditions, Berger says that “their tacit retention of representationalism (including its concomitant, the theory/practice dichotomy) demonstrates their failure to identify, adequately understand, or avoid key Cartesian difficulties and limitations. They fail to appreciate the effects which accompany enframing.” He adds later: “I have been making my point with examples drawn mostly from the American Middle School, but I submit that any analytic position that invokes models or analogous logical formalisms—e.g., hermeneutic, self-psychological, constructionist, action linguistic—is subject to the identical criticisms.” I wish to take up the case of hermeneutics and question whether its differentiation from postmodernism does indeed revolve around the issue of representational thought. Sorting this issue out will bear on the final conclusions of Berger’s paper. It is true, as Berger points out, that hermeneutic discussion in psychoanalysis often involves a comparison of (representationally articulated) models; but that is not the whole story regarding hermeneutics. Remember, after all, that Heidegger—directly in Being and Time (1962, 62), and indirectly through his profound influence on Gadamer—was a pivotal figure in the development of hermeneutics. Heidegger considered his analysis of man’s precognitive enmeshment in the world to be a “hermeneutic of Dasein.” For his part, Gadamer’s analysis of man’s relations to others and to the world concludes in a relationship that is mediated through a language that is fully dialectical and... (shrink)

Since their inception in 1993 OFSTED inspections have generated considerable controversy amongst teachers and educationists generally, Much of the criticism to date has centred on the effects which such inspections have had on schools and their staffs. In contrast little sustained concern has been shown about the underlying assumptions of the OFSTED inspection process. This article identifies as the central feature of that process a particular but tacit conception of judgement. This conception is examined from an essentially Wittgensteinian perspective (...) and is shown to rely on an imprecise understanding of the nature of criteria. It is argued that the OFSTED approach implicitly represents what are in fact conventional criteria, having no guarantee of broad agreement, as if they were criteria having such agreement. As a result severe doubts are raised about the validity of the judgements made and hence of the inspection process generally. (shrink)

Here, in the middle of the well-known simile that depicts Aeneas and Turnus as bulls fighting for territory and a herd , Vergil registers the reactions of the onlookers. Commentators and lexicographers disagree about what the heifers are doing, interpreting ‘mussant’ in different ways. Servius glosses the verb as ‘dubitant’. By contrast, Heyne offers the paraphrase ‘anxii expectant’, responding to the theme of fear in the two preceding cola: cf. ‘pavidi’ and ‘metu’. Forbiger's explanatory ‘tacite expectant’ stresses rather the note (...) of silence introduced by ‘stat pecus omne metu mutum’. Lewis and Short and Georges concur with Forbiger when they translate ‘mussant’ ‘expect in silence’ and ‘stumm harren’. Other authorities, however, underscore the verb's onomatopoeic sense. Julius Caesar Scaliger, for example, observes of Vergil's usage: ‘sane verbum factitium, neque absonum a bourn voce’. Accordingly, some older commentators interpret ‘mussant’ as a restrained form of ‘mugiunt’. More recently, the OLD and TLL cite Aen. 12.718 under the definitions ‘mutter in indecision’ and ‘mussantem dubitare’. Although there is general agreement that ‘mussant’ connotes uncertainty, there still remains the problem of whether it indicates silence, faint lowing, or muttering. The purpose of this note is to call attention to an unrecognized etymological wordplay in line 718 which helps explain what the heifers are doing and why there are varying interpretations of ‘mussant’. (shrink)

Polish philosopher Kazimierz Ajdukiewicz’s survey of epistemological and metaphysical problems, taken from a positivist orientation, is notable for its brief, clear characterizations of philosophical problems and its well placed, simplified expositions of the theories of Plato, Aristotle, Descartes, Berkeley, Hume, Kant, Hegel, Bergson and Husserl. He focusses on the logical limitations of the solutions for clearly defined problems. Any lack of depth in this book is compensated for by the accurate outlines which encourage the reader to question the foundations of (...) classical positions. In the first part of the book, the theory of truth is given logical priority to epistemology. We "... should define truth as agreement of thought with final and irrevocable criteria," to avoid the contradiction of extreme skepticism which could not be formulated without, at least, tacit reference to "reality." Because of this positive but stipulative orientation, a priorism in epistemology is given a thorough exposition. Realism, "... we can know reality only on the basis of experience," is proposed to balance the abstractness of a priorism. (shrink)

We investigate adverbial agreement in Sandəmarkesə (S. Marco in Lamis, Apulia) proposing phase-bound, local agreement relations, reducible to coordination, as in past and absolute participial constructions, suggesting a copulaless analysis where arguments are subjects in a small clause. With disjunct nominals with matching φ-features, the adverb agrees separately with each part in the set, otherwise resulting in ‘non-agreeing’ forms, which we test also with negative polarity items (niʃun-, ‘nobody’ and nentə, ‘nothing’). With fragment answers, the negation scopes over (...) adverbs agreeing with the two proposed topics: matching of the φ-features of both nouns values the negative operator with the same features. In fronted adverbs, agreement occurs when the question contains overt coordinated arguments, elements continuing a chain, and if coordinated arguments have matching φ-features. In agreement in topical contexts with fronted adverbs, agreement occurs with the aboutness-shift topic closely preceding them, rather than with the embedded direct object. (shrink)