The vast expressive power of language is made possible by two principles: the arbitrary soundmeaning pairing underlying words, and the discrete combinatorial system underlying grammar. These principles implicate distinct cognitive mechanisms: associative memory and symbolmanipulating rules. The distinction may be seen in the difference between regular inflection (e.g., walk-walked), which is productive and open-ended and hence implicates a rule, and irregular inflection (e.g., come-came, which is idiosyncratic and closed and hence implicates individually memorized words. Nonetheless, two very (...) different theories have attempted to collapse the distinction; generative phonology invokes minor rules to generate irregular as well as regular forms, and connectionism invokes a pattern associator memory to store and retrieve regular as well as irregular forms. I present evidence from three disciplines that supports the traditional word/rule distinction, though with an enriched conception of lexical memory with some of the properties of a pattern-associator. Rules, nonetheless, are distinct from patternassociation, because a rule concatenates a suffix to a symbol for verbs, so it does not require access to memorized verbs or their sound patterns, but applies as the "default," whenever memory access fails. I present a dozen such circumstances, including novel, unusual-sounding, and rootless and headless derived words, in which people inflect the words regularly (explaining quirks like flied out, low-lifes, and Walkmans). A comparison of English to other languages shows that contrary to the connectionist account, default suffixation is not due to numerous regular words reinforcing a pattern in associative memory, but to a memory-independent, symbol-concatenating mental operation. (shrink)

Recent work in cognitive science highlights the importance of exem- plar-based know-how in supporting human expertise. Influenced by this model, certain accounts of moral knowledge now stress exemplar- based, non-sentential know-how at the expense of rule-and-principle based accounts. I shall argue, however, that moral thought and reason cannot be understood by reference to either of these roles alone. Moral cognition – like other forms of ‘advanced’ cognition – depends crucially on the subtle interplay and interaction of multiple factors and forces (...) and especially (or so I argue) between the use of linguistic tools and formulations and more biologically basic forms of thought and reason. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Word and Silence in Buddhist and Christian TraditionsDonald MitchellThe following official statement was written by Buddhist and Christian participants at the end of a very successful encounter at the Asirvanam Benedictine Monastery near Bangalore, India, from July 8 to13, 1998. The conference was organized by the Vatican’s Pontifical Council for Interreligious Dialogue (PCID) and was attended by its president, Cardinal Francis Arinze, along with the PCID secretary, Archbishop Michael (...) Fitzgerald, and Fr. Machado, the PCID official for Asia. The conference proceedings will be published in the PCID journal, Pro Dialogo.Buddhist participants included Ven. Dr. Yifa from Fokuangshan in Taiwan, Ven. Bhaddarita Panna Dipa from the World Buddhist Meditation Center in Myanmar, Ven. Geshe D. Namgyal from the Drepung Loseling Monastery representing His Holiness the Dalai Lama, Dr. Asanga Tilakratne of the Institute of Pali and Buddhist Studies in Sri Lanka, Dr. Michio Shinozaki, dean of the Rissho Kosei-Kai Seminary in Japan, and Prof. Yasuaki Nara of Komazawa University in Japan.Christian participants included Fr. Franco Sottocomola of the Seimeizen Center for Interreligious Dialogue in Japan, Fr. Valence Mendis of the National Seminary in Sri Lanka, Fr. Augustine Okumuru, OCD, of Japan, Prof. Donald W. Mitchell of Purdue University, Sr. Iona Misquitta, OSB, and Sr. Teresita D’Silva, OSB, both of the Shanti Nilayam Abbey in Bangalore, and Prof. Michael Fuss of the Gregorian University in Rome.Concluding Statement1. The Pontifical Council for Interreligious Dialogue organized its second international colloquium at the Asirvanam Benedictine Monastery in Bangalore, India, from July 8 to 13, 1998. A small number of Buddhists and Christians from India, Tibet/India, Korea, Japan, Taiwan, Sri Lanka, Myanmar, Italy, Germany, Switzerland, and the United States were invited for a dialogue on the theme of “Word and Silence in Buddhist and Christian Traditions.” This event encounter was in response to a desire expressed at the Pontifical Council’s First Colloquium that was held from July 31 to August 4, 1995, at the Fo Kuang Shan Buddhist Monastery in Kaohsiung, Taiwan. At the end of that first dialogue, the participants expressed the desire to [End Page 187] meet again in a Christian monastery in order to contribute to the deepening of the modern encounter between Buddhism and Christianity.2. The agenda of the meeting included four major topics: Buddhist Enlightenment and Christian Revelation, Sacred Texts in the Buddhist and Christian Traditions, Meditation and Contemplation in Buddhism and Christianity, and Anatta/ Sunyata and Kenosis. The papers were presented on these four topics in a way that fostered the dialogue process itself. In this process, all participants shared and explored their views of the place of word and silence in their respective traditions leading to a greater sense of mutual understanding and appreciation. This meeting proceeded by each side expressing what its own traditions believe, teach, and celebrate. The following points indicate some of the areas that were explored in the dialogue.3. The authority of the early sacred Buddhist texts was decided during the six great Buddhist Councils called for at different periods of time by the Buddha’s disciples after passing into Parinirvana. Theravada Buddhism accepts only the teachings of the Buddha that were declared authoritative during these councils. This early canon includes the discourses of the Buddha (Sutta), the rules for the monastic order (Vinaya), and the higher philosophical teachings (Abhidhamma). While Mahayana Buddhism accepts this early canon, it also accepts and emphasizes other sacred texts, called Sutras, which they believe were also taught by the Buddha. Within Mahayana there arose another tradition called Vajrayana that accepts the canons of both Theravada and Mahayana and adds a new literature called the Tantras, which present Buddhist esoteric teachings. Common to these traditions are the precepts for living the teachings of the Buddha and the authoritative commentaries of the particular traditions. These sacred texts describe the path that leads to the liberation from suffering and the nature and qualities of that supreme condition.In the Catholic tradition of Christianity, it is the teaching authority of the Church that has faithfully received the revealed and inspired texts and has determined their canonicity. The canon of Sacred Scripture consists of two sections: the Old Testament, written in... (shrink)

When Ernest Gellner was his early thirties, he took it upon himself to challenge the prevailing philosophical orthodoxy of the day, Linguistic Philosophy. Finding a powerful ally in Bertrand Russell, who provided the foreword for this book, Gellner embarked on the project that was to put him on the intellectual map. The first determined attempt to state the premises and operational rules of the movement, _Words and Things_ remains philosophy's most devastating attack on a conventional wisdom to this day.

When Ernest Gellner was his early thirties, he took it upon himself to challenge the prevailing philosophical orthodoxy of the day, Linguistic Philosophy. Finding a powerful ally in Bertrand Russell, who provided the foreword for this book, Gellner embarked on the project that was to put him on the intellectual map. The first determined attempt to state the premises and operational rules of the movement, Words and Things remains philosophy's most devastating attack on a conventional wisdom to this (...) day. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Bonaventure's Reductio of the Nine Choirs of Angels:How Bonaventure Compressed Two Monumental Traditions into Nine Words and Nine Short PhrasesRandall B. Smith"There is probably no better illustration in medieval thought of how the genius of the symbolic imagination also involves deep speculative insight." So wrote Bernard McGinn of Bonaventure's Itinerarium mentis in deum in The Flowering of Mysticism: Men and Woman in the New Mysticism, 1200–1350.1 There is (...) no question that the Itinerarium is a book suffused with symbolic imagery; so much so, in fact, that it can sometimes seem to lapse into a confusing jumble.Certainly there are many sections of the Itinerarium that have baffled readers over the years, often because Bonaventure's use of imagery is so unique and creative and the truths he is attempting to enunciate are so far beyond our normal ways of thinking about God. But there is a short passage in chapter 4 of the Itinerarium that seems to defy interpretation precisely because of what one might describe as an almost austere terseness and brevity. The point Bonaventure wishes to make is one he communicates in little more than a list of nine words and nine short, parallel phrases.The passage I have in mind is this one in Itinerarium 4.4.When these things have been accomplished, and our spirit has been brought into conformity with the heavenly Jerusalem, it is ordered [End Page 583] hierarchically so that it can ascend upward. For no one enters into that city unless that city has first descended into the person's heart by means of grace, as John sees in his Apocalypse. It descends into the heart when our spirit has been made hierarchical by the reformation of the image, by means of the theological virtues, the enjoyment of the spiritual senses, and the ecstasy of rapture; for it has been purged, illumined and brought to perfection.In this way our spirit is adorned with nine orderly levels when within it the following are found in an appropriate order: announcing, dictating, leading, ordering, strengthening, commanding, receiving, revealing, and anointing. These correspond to the nine choirs of angels. The first three of the foregoing levels in the human mind relate to nature; the next three relate to work; and the final three relate to grace. When it has attained these, the soul, by entering into itself, enters into the heavenly Jerusalem where, as it considers the choirs of angels, it sees in them the God who dwells in them and who works in all their operations.Therefore, Bernard says to Pope Eugene that "God loves in the Seraphim as charity; knows in the Cherubim as truth; sits in the Thrones as justice; reigns in the Dominations as majesty; rules in the Principalities as a guiding principle; protects in the Powers as salvation; is at work in the Virtues as strength; reveals in the Archangels as light; assists in the Angels as kindness." From all this, God is seen as all in all when we contemplate God in our minds where God dwells through the gifts of the most generous charity.2Notice in the passage I have quoted above that Bonaventure says our spirit must be "brought into conformity with the heavenly Jerusalem," and that this requires it be "ordered hierarchically so that it can ascend upward." This serves as a transition into a rather odd pair of lists—one with nine words and the other with nine short, parallel phrases—that Bonaventure associates with the nine angelic choirs. These two lists of the nine choirs of angels do not, however, correspond exactly with one [End Page 584] another, for reasons I will explain below. And although these two lists of the nine ranks of angels in the angelic hierarchy take up just a few lines in Bonaventure's text, there is a lot of background information we will need to fill in to provide the necessary context to appreciate them. Indeed, as we will see, in this short passage, Bonaventure was able using the methods of the thirteenth-century sermo modernus style to reduce two monumental commentary traditions regarding the nine choirs of angels—one that... (shrink)

Animals depleting one patch of resources must decide when to leave and switch to a fresh patch. Foraging theory has predicted various decision mechanisms; which is best depends on environmental variation in patch quality. Previously we tested whether these mechanisms underlie human decision making when foraging for external resources; here we test whether humans behave similarly in a cognitive task seeking internally generated solutions. Subjects searched for meaningful words made from random letter sequences, and as their success rate declined, (...) they could opt to switch to a fresh sequence. As in the external foraging context, time since the previous success and the interval preceding it had a major influence on when subjects switched. Subjects also used the commonness of sequence letters as a proximal cue to patch quality that influenced when to switch. Contrary to optimality predictions, switching decisions were independent of whether sequences differed little or widely in quality. (shrink)

Although for many years a sharp distinction has been made in language research between rules and words—with primary interest on rules—this distinction is now blurred in many theories. If anything, the focus of attention has shifted in recent years in favor of words. Results from many different areas of language research suggest that the lexicon is representationally rich, that it is the source of much productive behavior, and that lexically specific information plays a critical and early (...) role in the interpretation of grammatical structure. But how much information can or should be placed in the lexicon? This is the question I address here. I review a set of studies whose results indicate that event knowledge plays a significant role in early stages of sentence processing and structural analysis. This poses a conundrum for traditional views of the lexicon. Either the lexicon must be expanded to include factors that do not plausibly seem to belong there; or else virtually all information about word meaning is removed, leaving the lexicon impoverished. I suggest a third alternative, which provides a way to account for lexical knowledge without a mental lexicon. (shrink)

My aim in this paper is twofold: to establish that Kierkegaard's so‐called theory of the leap strongly anticipates a line of argument that is central to Wittgenstein's so‐called rule‐following considerations; and to begin to show how Kierkegaard's work has fruitful contributions of its own to make to on‐going discussions about rules and rule‐following. The paper focuses throughout on the question of how, if at all, human rule‐following can be distinguished from behaviour that is merely mechanical or instinctual. I identify (...) a central line of argument in Wittgenstein that problematizes this question by establishing the basis our ability to follow rules in our spontaneous responses. I argue that Kierkegaard not only strongly anticipates this line of argument but also offers a distinctive story about what, at bottom, makes the difference between human rule‐following and behaviour that is merely mechanical or instinctual. In a word, on Kierkegaard's story, what makes the difference is: anxiety. (shrink)

Following much work in linguistic theory, it is hypothesized that the language faculty has a modular structure and consists of two basic components, a lexicon of (structured) entries and a computational system of combinatorial operations to form larger linguistic expressions from lexical entries. This target article provides evidence for the dual nature of the language faculty by describing recent results of a multidisciplinary investigation of German inflection. We have examined: (1) its linguistic representation, focussing on noun plurals and verb inflection (...) (participles), (2) processes involved in the way adults produce and comprehend inflected words, (3) brain potentials generated during the processing of inflected words, and (4) the way children acquire and use inflection. It will be shown that the evidence from all these sources converges and supports the distinction between lexical entries and combinatorial operations. (shrink)

In this essay, I will critically examine Collin Turbayne and Philip Wheelwright's approaches to the theory of metaphor. Through criticism of their views I will arrive at Paul Ricoeur's theory which I consider is the most comprehensive one. Ricoeur retains what is fruitful from the above mentioned theories and tries to make them part of a very ambitious project which is represented by his monumental work The Rule of Metaphor (1977). He manages to open a new dimension in the analysis (...) of metaphor by linking it through a special use of imagination to the phenomenal world, by according it the status of statement (redefining Frege's sense and reference polarity) and by pointing out the idea that metaphors have an emotional meaning as well. Thus, I will start with the two different views on this issue, first that of Collin Turbayne, who develops a theory of metaphor based on the "as if" prescription and thus brings the whole discussion on metaphor into the field of reflective judgment. Then there is Philip Weelwright's theory which considers that metaphorical language, through its fluidity and tensiveness, is closely connected to "what is", that is, to the real. Using these two theories as dialectical counterparts, I will try to bring them together in an act of synthesis, arriving finally at Paul Ricoeur's theory of metaphor. (shrink)

The subject of gender discrimination in language and the relation between language and social structures is well known and widely debated. Nevertheless, everyday experiences show, over and over, the linguistic hierarchy at work when men and women are concerned. This paper has two main parts. The first one concerns the image of women in language and the other one treats the manner in which women usually use the language. Despite the fact that these social unwritten rules and deep rooted (...) preconceptions are, in my opinion, difficult to ignore, the initiative of analyzing such facts represents an important first step in reducing the negative effects of the phenomenon. Obviously, we are aware of the fact that the problem is extremely profound and the imposed usage of certain nondiscriminatory terms represents not a very efficient solution, but, all in all, this analysis is the first phase of a much profound change that hopefully will occur. (shrink)

This chapter contains sections titled: The Tractatus and rules of logical syntax From logical syntax to philosophical grammar Rules and rule‐formulations Philosophy and grammar The scope of grammar Some morals.

This article offers a critique of Karsten Stueber’s account of rule following as presented in his article "How to Think about Rules and Rule Following." The task Stueber sets himself is of defending the idea that human practices are bound and guided by rules (both causally and normatively) while avoiding the discredited "cognitive model of rule following." This article argues that Stueber’s proposal is unconvincing because it falls foul of the very problems it sets out to avoid. Stueber’s (...) defense of rules as normative guides is shown to be either circular or burdened with an infinite regress, while his account of rules as causal determinants of our actions is shown to lapse back into the "cognitive model" that he explicitly rejects. Key Words: rules • rule following • norms • causes • social science. (shrink)

The ability to convey our thoughts using an infinite number of linguistic expressions is one of the hallmarks of human language. Understanding the nature of the psychological mechanisms and representations that give rise to this unique productivity is a fundamental goal for the cognitive sciences. A long-standing hypothesis is that single words and rules form the basic building blocks of linguistic productivity, with multiword sequences being treated as units only in peripheral cases such as idioms. The new millennium, (...) however, has seen a shift toward construing multiword linguistic units not as linguistic rarities, but as important building blocks for language acquisition and processing. This shift—which originated within theoretical approaches that emphasize language learning and use—has far-reaching implications for theories of language representation, processing, and acquisition. Incorporating multiword units as integral building blocks blurs the distinction between grammar and lexicon; calls for models of production and comprehension that can accommodate and give rise to the effect of multiword information on processing; and highlights the importance of such units to learning. In this special topic, we bring together cutting-edge work on multiword sequences in theoretical linguistics, first-language acquisition, psycholinguistics, computational modeling, and second-language learning to present a comprehensive overview of the prominence and importance of such units in language, their possible role in explaining differences between first- and second-language learning, and the challenges the combined findings pose for theories of language. (shrink)

Clahsen reports the results from two sets of word-recognition experiments with adult native speakers of German supporting the notion that the processing of regular (or default) inflection differs from the processing of irregular inflection. My commentary points to shortcomings in stimulus selection and inconsistencies in the pattern of results, revealing that the empirical support for the proposed dual mechanism is much weaker than Clahsen suggests.

This article will discuss the difficulties of providing a plausible account of rule following in the social realm. It will show that the cognitive model of rule following is not suited for this task. Nevertheless, revealing the inadequacy of the cognitive model does not justify the wholesale dismissal of understanding human practices as rule-following practices, as social theorists like Bourdieu or Dreyfus have argued. Instead it will be shown that rule-following behavior is best understood as being based on a set (...) of complex dispositions. In this manner one is able to account for the causal explanatory role of the notion of a rule. Key Words: rules • norms • explanation • Bourdieu • Winch. (shrink)

What is a rule, if it appears to become confused with life? And what is a human life, if, in every one of its gestures, of its words, and of its silences, it cannot be distinguished from the rule? It is to these questions that Agamben's new book turns by means of an impassioned reading of the fascinating and massive phenomenon of Western monasticism from Pachomius to St. Francis. The book reconstructs in detail the life of the monks with (...) their obsessive attention to temporal articulation and to the Rule, to ascetic techniques and to liturgy. But Agamben's thesis is that the true novelty of monasticism lies not in the confusion between life and norm, but in the discovery of a new dimension, in which "life" as such, perhaps for the first time, is affirmed in its autonomy, and in which the claim of the "highest poverty" and "use" challenges the law in ways that we must still grapple with today. How can we think a form-of-life, that is, a human life released from the grip of law, and a use of bodies and of the world that never becomes an appropriation? How can we think life as something not subject to ownership but only for common use? (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Rules and CommunityJeffrey Bedrick, MDThe paper, “The Dilemma of Compliance: Roles and Rules in Schizophrenia, Censorship, and Life,” by Riley Paterson raises a number of interesting issues. I am only able to address a few of these issues here, and I do so in the hope of broadening our consideration of some of the basic concerns.Paterson focuses his attention on the potentially repressive side of rules, (...) even while acknowledging the broader role of rules in human life. Thus, towards the end of his paper he writes “While I regard all experience as rule- and role-bound, the aforementioned groups”—those who “experience schizophrenia, persecution, or are otherwise marginalized and vulnerable”—“experience rules and roles with particular violence.” He admirably warns us to be sure that in our work with people we are not traumatizing or re-traumatizing them.But rules play a broader role in human life. Paterson discusses censorship and the role that rules can play in repressing the expression of ideas. But rules also allow the use of language and govern communication in general. Writers living under censorship resorted, Paterson notes, to a system of exoteric and esoteric writing and communication. But those esoteric texts, if they were not to remain purely private and unknowable to those who read the texts, had to follow certain rules and conventions to signal the reader that the exoteric text was not all there was, and that there was another, esoteric, meaning to be found within the text. Writing under conditions of censorship remained a communal, intersubjective, endeavor.With schizophrenia, the seeming central topic of the paper, the situation becomes even more complex. We shall see that Paterson’s analyses point us in two different directions.Paterson writes:In schizophrenia we see an exaggerated instance of the dilemma raised above: There is a gap that exists between the publicly available roles, and the person we feel ourselves to be. We are required to conform with the demands of these roles to preserve what we feel most natural in ourselves. People with schizophrenia often must conceal, at times, their experiences of hallucinations and delusions in order to preserve some ability for social interaction. In my clinical work, however, people with schizophrenia have often reported it has felt freeing to learn when and with whom they can share those thoughts and experiences. Freeing, not because they need to hide part of themselves but because doing so opens up possibilities of social interaction and community.Further, Paterson writes of the difficulties people with schizophrenia may have with ‘weintentionality.’ Referencing Salice and Henriksen (2021) [End Page 381] he concludes that “the self-disorders of schizophrenia preserve a capacity for joint intentionality (rule following) but severely inhibit an experience of group belonging and identity (weintentionality).” Indeed he notes, again following Salice and Henriksen (2021), “that some individuals experiencing more mild forms of schizophrenia spectrum disorders found great comfort and safety in rule following.” The problem for people with schizophrenia thus seems less with applying specific rules, which might in some cases be meant to regulate or repress behavior, than in establishing we-intentionality. Many phenomenologists have explored the concept of intersubjectivity and have noted, as have many psychoanalysts and therapists, that there is no pure, interior subject but that our very selfhood is formed in interaction and relation to others. (See, for one example, the work of Alfred Schutz (1967) for a phenomenological investigation of intersubjectivity and the social.) To borrow Paterson’s gardening metaphor, there are no sole, beautiful flowers. They must be cared for to grow, or be part of a natural ecosystem that allows them to flourish.Cognitive and negative symptoms are widely accepted as posing more of a burden to schizophrenia than the more flamboyant hallucinations and delusions. These seem to me to be due less to a difficulty conforming or complying to social rules that may be felt to be restrictive or repressive and more due to the difficulties with intersubjectivity and we-intentionality. The people I have worked with who were most limited by their schizophrenia in my judgment have been people with severe thought disorders who demonstrated severe loosening of associations and word salad. I say... (shrink)

The thesis examines a central and controversial question in the philosophy of mind and language: Is meaning normative? Are there rules we must follow for our words to have meaning? ;Philosophers are sharply divided over this question. One side, often associated with Wittgenstein and more recently Kripke, sees meaning as essentially normative. If a sign is to be meaningful, then surely, it is argued, there must be a distinction between the correct and incorrect use of that sign. The (...) other side eschews the appeal to rules. This line of thought goes back to Quine, and has been vigorously defended by Davidson, who argues that linguistic rules are no more essential to speaking a language than the rules of etiquette at a dinner table are to consuming food. ;The dissertation proposes that we approach the question by asking whether there is a notion of linguistic incorrectness which is essential to meaning. Various common versions of the notion of linguistic incorrectness are considered, including the one appealed to by Saul Kripke in his discussion of Wittgenstein, the suggestion that going against the communicative conventions is making a linguistic error, and Tyler Burge's idea that we err when we violate certain constitutive community norms. Neither of these suggestions, it is argued, supports the idea that rules are essential to meaning. ;But we should not conclude from this, as does Davidson, that we can reject the notion of linguistic incorrectness altogether. If a speaker is to be interpretable there must be certain constraints on her linguistic use, and a plausible construal of these constraints, it is argued, presupposes a notion of linguistic incorrectness. The conclusion is that there is a notion of linguistic incorrectness which is essential to meaning, although this notion is not to be understood along the ordinary lines. (shrink)

First published in 1973, Rules and Meanings is an anthology of works that form part of Mary Douglas' struggle to devise an anthropological modernism conducive to her opposition to reputedly modernizing trends in contemporary society. The collection contains works by Wittgenstein, Schutz, Husserl, Hertz and other continentals. The underlying themes of the anthology are the construction of meaning, the force of hidden background assumptions, tacit conventions and the power of spatial organization to reinforce words. The work serves to (...) complement the philosophers' work on everyday language with the anthropologists' theory of everyday knowledge. (shrink)

Many human rights charters contain prohibitions on inhuman and degrading treatment of prisoners and detainees. Terms like “inhuman” and “degrading” are difficult to interpret, but they are certainly not meaningless. It is important to attend to attend to the meanings of the words themselves, as well as to the decisions that courts have made about particular practices. Reflection on the meanings of these highly-charged terms reveals important complexity, which we can unpack in a way that enables us to better (...) focus our debate about the proper treatment of prisoners and detainees. Focusing on the ordinary-language meaning of evaluative terms like “inhuman” and “degrading” also helps us approach the relation between rules and standards in law more thoughtfully, as we see why it is important not to let the evaluative meaning of these terms be superseded by the definitions established in the course of their application. (shrink)

"[W]e must focus on what legalism, per se, means, and then ask why is it a good thing to have. Not less importantly, however, we must also realize that legalism can be excessive. Even if the rule of law is a good thing, too much of it may be bad. So the challenge for a theory of the rule of law is to articulate what the rule of law is, why is it good, and to what extent." "[T]he essense of (...) the ideal of the rule of law is that people ought to be governed by law. This general ideal has at least two main components. First, it requires that governments, namely, de facto political authorities, should rule, that is, guide their subjects' conduct, by law. Second, it requires that the law by which governments purport to rule should be such that it can actually guide human conduct." "The idea that governments should rule by law must be premised on the assumption that rule by law, regardless of the laws' specific content, is to be preferred to governance by other means of social control. And this immediately brings us to the second component of the rule of law, namely, that the law must be such that it can actually guide human conduct, and the further assumption that these necessary features of law embody certain virtues. In other words, unless we can first articulate what is unique about legal means of social control, and explain why those features promote certain goods, we cannot ground the idea that governments should rule by law." Discusses ways, following mainly Fuller, one can fail to make law. Notes that these are functional goods for the regulation of human behavior. They may have a connection to other things we value. We should not assume, though, that greater instantiation of these ideals is always better - sometimes ideals conflict such that more of one means less of another and "because such values, on their own grounds, set only a rough standard wherby gross deviations from it would be wrong." "Compliance with the generality-relevance principle is crucially important in safeguarding against such unjustified favoritism since it requires that the norm's subjects be those who qualify as such only on the basis of the reasons for enacting the norm in the first place." Though, we must recognize teh possibility of bad law in the sense of unjust discrimination. "It is part of the concept of law that the law purports to affect human behavior by introducing new norms and changing old ones. The concept of a norm and conduct-guidance by norms is an essential aspect of what the law is. Norms, as such, necessarily purport to provide reasons for action. A norm cannot provide a reason for action, however, unless its subjets are aware of the norm and regard it as a reason for action." Justifies some retroactivity in terms of the need for flexibility in any functioning legal system. "Legal positivism can accept the claim that law is, by its very nature or its essential functions in society, something good that deserves our moral appreciation. Nor is legal positivism forced to deny the plausible claim that wherever law exists, it must have a great many prescriptions which coincide with morality. There is probably a considerable overlap, and perhaps necessarily so, between the actual content of law and morality.". (shrink)

In her ‘Primitive Normativity and Scepticism about Rules’ (2011b), Hannah Ginsborg proposes a novel solution to Kripke’s sceptical challenge to factualists about meaning (those who think that there is some fact about what you mean or meant by your utterances). According to Ginsborg, the fact in virtue of which you mean, say, addition by ‘plus’ is the fact that ‘you are disposed to respond to a query about (say) “68 plus 57” with “125,” where, in responding in that way, (...) you take that response to be primitively appropriate in light of your previous uses of “plus”’ (Ginsborg 2011b, 244). Ginsborg’s account is at its most compelling when considering what we might call unsophisticated cases of meaning, cases in which a subject means something by their words without their being in a position to identify the relevant rule or provide any sort of justification for their using the term as they do. In this paper, I raise doubts about whether Ginsborg’s account is extendable to sophisticated cases of meaning. Reflection on those cases which generate the doubts brings it into question whether the dispositions that Ginsborg identifies are necessary and jointly sufficient for one’s meaning that p even in unsophisticated cases. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Drinking Rules! Byron and BaudelaireJoshua Wilner (bio)This essay 1 takes up two nineteenth-century texts on the theme of intoxication in which the poetic word can no longer, if it ever could, stably figure itself as the metaphoric other of the drug, that is, as a legitimate means of imaginative transport, and in which the writer’s enthrallment by the transporting substance of words shows us its addictive and, (...) one might say, prosaic face.The first of these pieces is a pair of stanzas from Canto II of Byron’s Don Juan, the other, Baudelaire’s brief prose poem “Enivrez-vous,” pieces that Jean Pommier [341] and, following Pommier, Robert Kopp [314–15] have suggested may be connected, though neither reader enters into much more detail than to note that both bits of writing, in Kopp’s words, “chant[e] l’ivresse.” Now the praise of drunkenness is of course a poetic commonplace, and the mere fact of its appearance in these two bits of text argues about as intimate a bond of kinship as that involved in pointing out that you and I are both Noah’s children. But there are, I would argue, compelling reasons for looking at these pieces in relation to one another and to which I believe Pommier was responding.That Byron mattered to Baudelaire is attested to by a number of references scattered throughout the latter’s work and letters, references which, while faulting Byron for garrulousness, praise him for having the thing that makes poets: “une diabolique personnalité” [OC 2: 232]. Perhaps the most interesting of these references occurs in a well-known letter that Baudelaire wrote to his mother in July 1857, shortly after Les fleurs du mal had been published and while the storm of controversy that was to culminate in the prosecution and expurgation of the collection for obscenity was rapidly gathering:On me refuse tout, l’esprit d’invention et même la connaissance de la langue française. Je me moque de tous ces imbéciles, et je sais que ce volume, avec ses qualités et ses défauts, fera son chemin dans la mémoire du public lettré, à côté des meilleurs poésies de V. Hugo, de Th. Gautier et même de Byron.[CP 1: 411][They deny me everything, the spirit of invention and even knowledge of the French language. I could care less about all these imbeciles, and I know that this volume, with its qualities and its faults, will make its way in the memory of the [End Page 34] lettered public, along with the best poetry of V. Hugo, of Th. Gautier, and even of Byron.]The pride of place Baudelaire reserves for Byron in this list was somewhat dated even in its time 2 and odd in other ways, especially given the more qualified expressions of admiration we meet elsewhere in his writings. But it becomes more understandable if one considers that for Baudelaire’s mother, who was of Byron’s generation and had early ties to England 3 (in fact, she apparently taught Charles English during his childhood [E. Crépet 30], making it, strangely enough, part of his “mother tongue”), Byron’s would have been the emblematic case of a writer for whom a reputation for depravity was overtaken by poetic honor, perhaps at the cost of his death in a noble cause.Apart from this evidence of a felt affinity, there are specific formal grounds for associating the two pieces. Since they are fairly brief, allow me first of all to cite them both. Here are the stanzas from Canto II of Don Juan: 179 Man, being reasonable, must get drunk; The best of life is but intoxication: Glory, the grape, love, gold, in these are sunk The hopes of all men, and of every nation; Without their sap, how branchless were the trunk Of life’s strange tree, so fruitful on occasion! But to return, - Get very drunk; and when You wake with head-ache, you shall see what then. 180 Ring for your valet - bid him quickly bring Some hock and soda-water, then you’ll know A pleasure worthy Xerxes the... (shrink)

While cognitive changes in aging and neurodegenerative disease have been widely studied, language changes in these populations are less well understood. Inflecting novel words in a language with complex inflectional paradigms provides a good opportunity to observe how language processes change in normal and abnormal aging. Studies of language acquisition suggest that children inflect novel words based on their phonological similarity to real words they already know. It is unclear whether speakers continue to use the same strategy (...) when encountering novel words throughout the lifespan or whether adult speakers apply symbolic rules. We administered a simple speech elicitation task involving Finnish‐conforming pseudo‐words and real Finnish words to healthy older adults, individuals with mild cognitive impairment, and individuals with Alzheimer's disease (AD) to investigate inflectional choices in these groups and how linguistic variables and disease severity predict inflection patterns. Phonological resemblance of novel words to both a regular and an irregular inflectional type, as well as bigram frequency of the novel words, significantly influenced participants' inflectional choices for novel words among the healthy elderly group and people with AD. The results support theories of inflection by phonological analogy (single‐route models) and contradict theories advocating for formal symbolic rules (dual‐route models). (shrink)

The international rule of law hinges on the existence of a shared lexicon accepted by states and other actors in the international system. With no independent judicial system capable of determining the meaning of words and concepts, states must develop shared interpretations of the law and the concepts and terms it relies on, and be willing to abide by those shared interpretations. When such shared interpretations exist, key aspects of the rule of law can be present even in the (...) absence of an international judicial system; state behavior can be reasonably predictable, nonarbitrary, and transparent; and accountability can also be possible, albeit mainly through nonjudicial mechanisms. (shrink)

Talion and the Golden Rule are usually considered expressions of successive historical stages in the development of morality. The conventional wisdom is that talion-lex talionis-is a form of social control corresponding to a fairly early stage of the development of human communities. From a purely historical point of view, talion is a rule of punishment for crime according to which the retribution should strictly correspond to the harm inflicted. The rule goes back to the archaic custom of blood vengeance which (...) it supplanted. In contemporary normative research, talion is frequently interpreted more broadly as a rule of equal recompense. This is historically incorrect, but in theoretical analysis it is permissible as a general idea of a special type of control of human interrelations. It is precisely in this context that we understand the accepted opinion that as social relations develop and become richer talion is pushed to the periphery of human relations by another, more refined normative form, the Golden Rule, the appearance of which marks the emergence of morality in the contemporary sense of the word. Thus, talion is seen as a premoral form of social control, although if it is taken in the indicated strict sense then, historically, it antecedes not so much morality as institutionalized law. (shrink)

First published in 1973, Rules and Meanings is an anthology of works that form part of Mary Douglas' struggle to devise an anthropological modernism conducive to her opposition to reputedly modernizing trends in contemporary society. The collection contains works by Wittgenstein, Schutz, Husserl, Hertz and other continentals. The underlying themes of the anthology are the construction of meaning, the force of hidden background assumptions, tacit conventions and the power of spatial organization to reinforce words. The work serves to (...) complement the philosophers' work on everyday language with the anthropologists' theory of everyday knowledge. (shrink)

The present work examines the role of persuasive lexicon in legal discourse through the analysis of emotional devices at a lexical and rhetorical level. Our preliminary premise is that emotion is deployed by experts to convey the sentiment of shared values and epistemic trust: the need to rely on the tenets of the law as fair and conducive to the common good. The corpus of our study is constituted by the conclusions in their original Spanish, and their translation into English, (...) by the Advocate General Manuel Campos on the challenge by Hungary and Poland of the regulation establishing a “conditionality regime” in the event of a rule-of-law breach in a EU Member State. To this end, we undertake a two-pronged analysis of legal persuasion to find out what emotional devices are deployed to convey the rule-of-law principles of justice, non-discrimination, equality and solidarity. At a first stage, we concentrate upon the polarity and intensity of emotion words and their categories. Emotional implicatures in the shape of legal technolects and metaphorical ontologies and the way they are deployed in each text constitutes the second part of our study. Among our conclusions are that both the original and target texts have a strong persuasive character, mainly grounded in the negative emotion of fear and the positive emotion of trust, and that there are variances in the emotional language deployed in either version due to the different mechanics of each law system and to functional differences between English and Spanish. (shrink)

Rumelhart and McClelland's chapter about learning the past tense created a degree of controversy extraordinary even in the adversarial culture of modern science. It also stimulated a vast amount of research that advanced the understanding of the past tense, inflectional morphology in English and other languages, the nature of linguistic representations, relations between language and other phenomena such as reading and object recognition, the properties of artificial neural networks, and other topics. We examine the impact of the Rumelhart and McClelland (...) model with the benefit of 25 years of hindsight. It is not clear who “won” the debate. It is clear, however, that the core ideas that the model instantiated have been assimilated into many areas in the study of language, changing the focus of research from abstract characterizations of linguistic competence to an emphasis on the role of the statistical structure of language in acquisition and processing. (shrink)

Wittgenstein famously remarks that ‘the meaning of a word is its use’ (PI §43). Whether or not one views this as gesturing at a ‘theory’ of meaning, or instead as aiming primarily at dissuading us from certain misconceptions of language that are a source of puzzlement, it is clear that Wittgenstein held that for certain purposes the meaning of an expression could profitably be characterised as its use. Throughout his later writings, however, Wittgenstein’s appeal to the notion of use pulls (...) in two directions. In several places, Wittgenstein seems to connect the notion of an expression’s meaning with that of use in the sense of usage or practice. More specifically, he suggests that for an expression to possess meaning is for there to be a practice of employing it according to certain rules. ‘That’, he tells us, ‘is why there exists a correspondence between the concepts “rule” and “meaning”’ (OC §62; cf. PG 68; PO 51; RFM VI §28; VW 103). Indeed, Wittgenstein goes so far as to say, ‘The rule-governed nature of our languages permeates our life’ (RC §303). Call the view that the meaning of an expression is determined by a general principle governing its use, rulism. (shrink)

In this article, the Golden Rule, a central ethical value to both Judaism and Confucianism, is evaluated in its prescriptive and proscriptive sentential formulations. Contrary to the positively worded, prescriptive formulation – “Love others as oneself” – the prohibitive formulation, which forms the injunction, “Do not harm others, as one would not harm oneself,” is shown to be the more prevalent Judaic and Confucian presentation of the Golden Rule. After establishing this point, the remainder of the article is dedicated to (...) an inquiry into why this preference between the two Golden-Rule-formulations occurs. In doing so, this article discovers four main benefits to the proscriptive formulations: I) harm-doing, as opposed to generalizable moral goodness, is easier for individuals to subjectively comprehend II) the prevention of harm-doing is the most fundamental ethical priority III) the proscriptive formulation preserves self-directed discovery of what is good, thus preserving moral autonomy IV) individuals are psychologically pre-disposed toward responding to prohibitions rather than counsels of goodness. (shrink)

Rule violations have usually been studied from a third-person perspective, identifying situational factors that render violations more or less likely. A first-person perspective of the agent that actively violates the rules, on the other hand, is only just beginning to emerge. Here we show that committing a rule violation sensitises towards subsequent negative stimuli as well as subsequent authority-related stimuli. In a Prime-Probe design, we used an instructed rule-violation task as the Prime and a word categorisation task as the (...) Probe. Also, we employed a control condition that used a rule inversion task as the Prime. Probe targets were categorised faster after a violation relative to after a rule-based response if they related to either, negative valence or authority. Inversions, however, primed only negative stimuli and did not accelerate the categorisation of authority-related stimuli. A heightened sensitivity towards authority-related targets thus seems to be specific to rule violations. A control experiment showed that these effects cannot be explained in terms of semantic priming. Therefore, we propose that rule violations necessarily activate authority-related representations that make rule violations qualitatively different from simple rule inversions. (shrink)

In the treatise called La nobiltà et l’eccellenza delle donne co’ diffetti et mancamenti de gli uomini Lucrezia Marinella claims that women are superior to men. She argues that men are excessively hot, and that heat in a high degree is detrimental to the intellectual and moral capacities of a person. The aim of this paper is to set out Marinella’s views on temperature differences in the bodies of men and women and the effects of bodily constitution on the capacities (...) necessary for political deliberation and rule. I situate Marinella’s argument in the context of an ongoing debate about physiological differences between the sexes, begun in antiquity and extending into the Renaissance. That debate is important for several reasons: as part of a broader discussion of the nature and worth of women, as determining influential interpretations of ancient authorities on matters of physiology, and as anticipating later discussions of the relation between the sexed body and political roles. This paper considers Marinella in dialogue with a number of interlocutors, elements of whose work can be found in her own: Aristotle, Mario Equicola, Galeazzo Flavio Capra, Ludovico Domenichi and Torquato Tasso. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:William Righter GOLDEN RULES AND GOLDEN BOWLS In one of his last interviews Michel Foucault remarked on the relation of any search for a perfect existence to the source of those forms of obligation which paradoxically make it possible, and hence on the variable shapes of the interdependence of the beauty of life with the moral understanding by which we accept the nature of our obligations. He sees (...) this in terms of the way these obligations establish themselves, by recognition and submission, by what he calls "the mode of subjection {mode d'assujettissement), that is, the way in which people are invited or incited to recognize their moral obligations. Is it, for instance, divine law, which has been revealed in a text? Is it a natural law, a cosmological order, in each case the same for every living being? Is it a rational rule? Is it the attempt to give your existence the most beautiful form possible?"' If we wish to do something like finding the most beautiful form of life, we face problems of moral calculation, we must formulate principles of choice, and above all learn to make our submission to the necessity such principles may imply. "What is the mode d'assujettissementT'' Foucault asks: It is that we have to build our existence as a beautiful existence; it is an aesthetic mode. You see, what I have tried to show is that nobody is obliged in classical ethics to behave in such a way as to be truthful to their wives, to not touch boys and so on. But if they want to have a beautiful existence, if they want to have a good reputation, if they want to be able to rule others, they have to do that. So they accept those obligations in a conscious way for the beauty or glory of existence. The choice, the aesthetic choice or political choice, for which they"decide to accept this 262 WtLLiAM Righter263 kind ofexistence—that's the mode d'assujettissement. It's a choice, a personal choice.2 At some levels this choice looks quite simply like a calculative sacrifice of the lesser thing for the greater. But an important element of the incommensurate enters into the choice. The beauty, the glory of the thing far surpasses the small normative commitments one undertakes for its sake, both in degree and in belonging to another and superior order. The beautiful form of existence is separated by some enormous gulffrom those social and human arrangements that must be submitted to it. Yet one is aware of basing the beauty of life on these lesser forms of obligation. Many things may be subjected, as one sees in The Golden Bowl, to the greater principle, where almost anything may be sacrificed as long as the beauty of that principle is in view. But how do we assess this disproportion and see the propriety of subjection established? For subjection could come to serve many principles, and in The Golden Bowl we shall observe the studied operation of subjection in a world where principles are continuously and meticulously examined and re-examined. The Foucaultian conjunction of obligation and the "glory of existence" touches the heart of a work where the fascination with the incommensurate moves uneasily between alternative versions of that glory. What is the overriding principle that underwrites and legitimates such anexistence?James's involvementwith such a "particular attaching case" seems to proceed from the fullest sense of the difficulty, from the fullest rendering of incompatible versions ofthat existence, brought into the closest and tightest formalbond. The very simplicity of the action somehow produces an enforced contemplation of a bizarrely closed world, in which the dynamics of the two marriages shape a conflict that seems inevitable, even strangely natural. It can be expressed in a few words. A widowed American millionaire, Adam Verver, has in his late forties retired to the life of a collector of objects of art. In his travels with his daughter Maggie, they collect also ahusband forher, a Roman prince. To ease the consequences for her father Maggie promotes his marriage to her closest school friend Charlotte. Unknown to the Ververs she and the Prince were once lovers... (shrink)

From an early age, exposure to a spoken language has allowed us to implicitly capture the structure underlying the succession of speech sounds in that language and to segment it into meaningful units. Statistical learning, the ability to pick up patterns in the sensory environment without intention or reinforcement, is thus assumed to play a central role in the acquisition of the rule-governed aspects of language, including the discovery of word boundaries in the continuous acoustic stream. Although extensive evidence has (...) been gathered from artificial languages experiments showing that children and adults are able to track the regularities embedded in the auditory input, as the probability of one syllable to follow another syllable in the speech stream, the developmental trajectory of this ability remains controversial. In this work, we have collected Event-Related Potentials while 5-year-old children and young adults were exposed to a speech stream made of the repetition of eight three-syllable nonsense words presenting different levels of predictability to mimic closely what occurs in natural languages and to get new insights into the changes that the mechanisms underlying auditory statistical learning might undergo through the development. The participants performed the aSL task first under implicit and, subsequently, under explicit conditions to further analyze if children take advantage of previous knowledge of the to-be-learned regularities to enhance SL, as observed with the adult participants. These findings would also contribute to extend our knowledge of the mechanisms available to assist SL at each developmental stage. Although behavioral signs of learning, even under explicit conditions, were only observed for the adult participants, ERP data showed evidence of online segmentation in the brain in both groups, as indexed by modulations in the N100 and N400 components. A detailed analysis of the neural data suggests, however, that adults and children rely on different mechanisms to assist the extraction of word-like units from the continuous speech stream, hence supporting the view that SL with auditory linguistic materials changes through development. (shrink)

Properly speaking, money and law are natural outgrowths of human society, evolving over time via the voluntary cooperation that lies at the heart of the social enterprise. And as gold and the golden rule have for millennia formed the basis, respectively, of society’s money and law, they accordingly constitute the “twin pillars of civilization,” governing the social enterprise such that, in Mises’s words, “the human species has multiplied far beyond the margin of subsistence.” It stands to reason, then, that (...) if money and law are corrupted, the social enterprise will be corrupted as well. And as this is precisely what the state has done, essentially toppling the twin pillars of civilization, it is necessary to understand what the state is, where it came from, and how it has systematically gone about corrupting money and law, and thus the social enterprise as a whole. For only then can money and law be returned to their rightful owners, and only then can the state be put in its proper place. Which is no place so far as the proper functioning of civil society is concerned. (shrink)

The distribution of the flap allophone [ɾ] of American English, along with the other allophones of /t/,[t h,t =, ʔ, t] has been accounted for in various formal frameworks by assuming a number of different abstract mechanisms and entities. The desirability or usefulness of these formalisms is not at issue in the present paper. Instead, a computationally explicit model of categorization is used (Skousen 1989, 1992) in order to account for the distribution of the allophones of /t/ without recourse to (...) such formalisms. The simulations that were carried out suggest that they are not needed because analogy to surface apparent variables such as phones and word boundaries is sufficient to predict allophony. In analogy, the particular allophone of /t/ (i.e. [ɾ, t h, t =, ʔ, t]) that appears in a given context is determined on the basis of similarity to stored exemplars in the mental lexicon. From an acquisitional standpoint, categorization by analogy to stored exemplars dispenses with the need for rule induction although it does suggest that speakers group functionally related sounds into mental categories, a process that is influenced to a great deal by orthography. Analogy also explains the stochastic nature of linguistic performance. In the present study, 3,719 tokens of the allophones of the phoneme /t/ were extracted from the TIMIT corpus and constitute the database from which analogs were chosen. The variables used included the three phones or boundaries on either side of /t/, and the stress of the syllables preceding and following /t/. The model proves quite successful in predicting the correct allophone, and the errors made are generally possible alternative pronunciations (e.g. moun[ʔ]ain, moun[t h ]ain). The success rate changes little when only small sub-samples of the database are incorporated. In addition, exemplar-modeling is found to be quite robust because even when a feature such as stress is eliminated, (a feature which is critical in most rule approaches), allophony is still highly predictable. (shrink)

This brief commentary treats Polanyi’s newly found lecture, “Rules of Rightness,” as an occasion to revisit some earlier claims I made about the use of rating scales in social science research. It serves as something of an interim report on an ongoing inquiry into what an effective response to social science would look like from a Polanyian perspective.

This essay addresses recent claims about the compatibility of the sociobiological theory of reciprocal altruism with standard Western formulations of the Golden Rule. Derek Parfit claims that the theory of reciprocal altruism teaches us to be “reciprocal altruists,” who benefit only those people from whom we can reasonably expect benefits in the future. The Golden Rule, on the other hand, teaches us to benefit anyone regardless of their intention or ability to return the favor, or as Parfit puts it, the (...) Golden Rule teaches us to be “suckers.” I argue that this distinction is founded on a misconception of the nature of the theory of reciprocal altruism, which is sociobiological as opposed to moral, and that this distinction accordingly confuses is with ought. Sociobiological theories may explain underlying psychological motivations in individuals (and perhaps even in populations), but these theories do not prescribe any sort of moral behavior. Furthermore, the theory of reciprocal altruism does not imply mental states of which agents are aware. The unconscious motivations assumed by this theory are in fact compatible with certain formulations of the Golden Rule; I will accordingly argue for the view that certain words with moral content related to the Golden Rule—such as “altruism” and “selfishness”—exist only insofar as they are social tools, which can further the self-interests of an individual in any group. (shrink)

At the core of republican thought, on Philip Pettit’s account, lies the conception of freedom as non-domination, as opposed to freedom as noninterference in the liberal sense. I revisit the distinction between liberal and republican freedom and argue that republican freedom incorporates a particular rule-of-law requirement, whereas liberal freedom does not. Liberals may also endorse such a requirement, but not as part of their conception of freedom itself. I offer a formal analysis of this rule-of-law requirement and compare liberal and (...) republican freedom on its basis. While I agree with Pettit that republican freedom has broader implications than liberal freedom, I conclude that we face a trade-off between two dimensions of freedom (scope and robustness) and that it is harder for republicans to solve that trade-off than it is for liberals. Key Words: freedom • republicanism • liberalism • noninterference • non-domination • rule of law • robustness • liberal paradox. (shrink)

Modelling with Words is an emerging modelling methodology closely related to the paradigm of Computing with Words introduced by Lotfi Zadeh. This book is an authoritative collection of key contributions to the new concept of Modelling with Words. A wide range of issues in systems modelling and analysis is presented, extending from conceptual graphs and fuzzy quantifiers to humanist computing and self-organizing maps. Among the core issues investigated are - balancing predictive accuracy and high level transparency in (...) learning - scaling linguistic algorithms to high-dimensional data problems - integrating linguistic expert knowledge with knowledge derived from data - identifying sound and useful inference rules - integrating fuzzy and probabilistic uncertainty in data modelling. (shrink)

Human risk (the risk of people doing things they shouldn't, or not doing things they should') is the largest single risk facing all organisations -- when things go wrong, there's always a human component, either causing the problem or making it worse. Collectively, companies spend billions trying to manage human risk via functions like Compliance, InfoSec, Risk, Audit, Legal, Human Resources and Internal Comms -- it is people in these functions, as well as those tasked with managing people, that is (...) the target audience for the book. Technology exacerbates the problem by providing each of us with weapons of mass destruction' from a human risk perspective -- even the most junior employee can cause huge damage via their keyboard, either in the work environment or via their personal social media account -- and by taking over basic, repetitive tasks, which mean people are spending more time in human risk sensitive' activities. Traditional approaches to mitigating human risk rely heavily on the idealised presumption that because people are employed, they can simply be told what to do -- this works well in safety-critical environments, where the black & white' parameters of desired outcomes are easy to predict, but is much harder when it comes to grey', less codifiable, areas like ethics which are often difficult to monitor until it's too late and rely on employees being positively engaged. If we want to mitigate the risks posed by human decision-making, then we need to base our approach on an understanding of how humans actually make decisions, which is where Behavioural Science -- a discipline based on academic research and field-tested on real' humans by advertisers, governments and transport authorities -- can help achieve better outcomes. This book is designed to help all those involved in managing human risk to achieve compliance' with a small -- in other words, getting their desired outcome -- and explores how organisations can get the best out of their people by designing frameworks that work with, rather than against, the grain of human thinking. Readers will learn to challenge their existing presumptions about managing human risk and discover practical techniques and examples they can deploy in their work environment. (shrink)

Our world is full of fictional devices that let people feel better about their situation - through deception and self-deception. The legal realist, Felix Cohen, argued that law and legal reasoning is full of similarly dubious labels and bad reasoning, though of a special kind. He argued that judges, lawyers and legal commentators allow linguistic inventions and conventions to distort their thinking. Like the ancient peoples who built idols out of stone and wood and then asked them for assistance and (...) guidance, Cohen argued that within the legal world people tend to create legal concepts and then think that these concepts do or should determine how social disputes must be The philosopher Ludwig Wittgenstein similarly spoke of the way we fool ourselves, when we use a noun for some matter, and then assume that, because nouns usually name objects, here as well there must be some entity that exists out in the world, whose nature can be discovered. Our grammar misleads us. This article explores some of the ways, particularly in contract law and family law, that we have been led astray by our legal language. Because we only rarely have an Oliver Wendell Holmes, Jr., or a Felix Cohen to keep us in line, we need to learn to do the important work ourselves. The great danger is the way that inaccurate language can so easily change our substantive views about what is natural or what is right. If transparency is difficult in legal language, much of the fault may lie with lawyers and judges who want to make their conclusions sound more reasonable, less controversial, and more appealing: so we call it "consent" and "waiver" and "meeting of the minds" and "best interests of the child," when it is in fact something quite different. And at least in the common law systems the process of reasoning and law-making is tied strongly to the past. The new case has to fit into the categories and concepts that we created for a prior case - fitting cases that came up hundreds of years before, in a different society, with different technology, facing a different set of problems. So judges often end up stretching the meaning of concepts, or using legal fictions to bridge the old rule with the new equities. We may never entirely escape the tendency of our own language to mislead us, but clarity in thought and analysis is something towards which we should struggle constantly, and with determination. (shrink)

The paper retraces the history of one of the ancient arguments, which took place in the period of the rise of metaphysics between Plato and Isocrates. The problem at issue was the balance between words and acts. Both philosophers aimed at different resolutions of the problems brought about by this conflict bewteen the words and acts . In the course of history the ways of "settling" this argument have been gradually marginalized. The metaphysics, however, had not freed itself (...) of the necessity to resolve the confilcts, which the metaphysics itself provoked by its claims on the "rule of reason". That is why even such a marginalized character as Isokrates could become an interesting and a very significant impulse for the contemporary thought, still captured by platonism and facing "isocratian objections". (shrink)