This chapter focuses on a question: how does the intentionality of language 'derive' from the original intentionality of thought. Hardly any philosopher of language would deny that if something is an expression which has meaning in a population, then that is by virtue of facts about the linguistic behavior and psychological states of members of that population. The chapter starts with a reconstruction of Lewis's account of the relation in Convention because a problem that immediately arises for that account (...) provides a natural segue to the more ambitious Intention‐Based Semantics (IBS) project. IBS is a program for reducing all questions about the intentionality of speech acts and linguistic expressions to questions about the intentionality of thought. It takes as foundational in the theory of meaning a certain notion of speaker‐meaning and seeks to define it, without recourse to any semantic notions, in terms of acting with certain audience‐directed intentions. (shrink)

Contemporary literary theory takes truth and meaning to be dependent on shared conventions in a community of discourse and views authors’ intentions as irrelevant to interpretation. This view, argues Reed Way Dasenbrock, owes much to Anglo-American analytic philosophy as developed in the 1950s and 1960s by such thinkers as Austin and Kuhn, but it ignores more recent work by philosophers like Davidson and Putnam, who have mounted a counterattack on this earlier conventionalism. This book draws on current analytic philosophy (...) to resuscitate the notion of objective truth and intentionalist models of meaning and interpretation, thereby moving beyond the antifoundationalism of postmodern theory. It addresses the work of Rorty and Fish as representative of literary conventionalism, discusses the futility of Derrida’s anti-intentionalism, and shows how poststructuralist thinkers like Althusser and Foucault have contributed to the "new thematics" of race, class, gender, and sexual orientation that dominates literary theory today. Examining the counter-arguments of conventionalists to have their theory judged by its consequences, Dasenbrock shows how damaging this antiobjectivism and anti-intentionalism have been for literary studies. (shrink)

It has been argued that philosophers that base their theories of meaning on communicative intentions and language conventions cannot accommodate the fact that natural languages are compositional. In this paper I show that if we pay careful attention to Grice's notion of “resultant procedures” we see that this is not the case. The argument, if we leave out all the technicalities, is fairly simple. Resultant procedures tell you how to combine utterance parts, like words, into larger units, like sentences. You (...) cannot have that unless you have R-correlations (reference) and D-correlations (denotation). These in turn, the argument goes, depend on communicative intentions, since without communicative intentions any attempt to R-correlate or D-correlate a word with an object or sets of objects would inevitably result in correlation-relations between that word and everything that exists. In other words, without communicative intentions in the equation it would turn out that every time we speak, we inevitably speak about everything, but clearly we do not. So communicative intentions, instead of being nebulous things that are in possible conflict with the Principle of Compositionality, are in fact a prerequisite for that very principle. (shrink)

Aconvention is a state in which agents coordinate their activity, not as the result of an explicit agreement, but because their expectations are aligned so that each individual believes that all will act so as to achieve coordination for mutual benefit. Since agents are said to follow a convention if they coordinate without explicit agreement, the notion raises fundamental questions: (1) Why do certain conventions remain stable over time?, and (2) How does a convention emerge in the first (...) place? In a pioneering study, Lewis (1969) addresses these questions by applyingnoncooperative game theory. Lewis defines a convention as aNash coordination equilibrium of a noncooperative game that issalient, that is, it is somehow conspicuous to the agents so that all expect one another to conform with the equilibrium. This paper presents a new game theoretic definition of conventions, which formalizes the notion of salience and which also generalizes the class of conventions Lewis discusses in his work. I define a convention as acorrelated equilibrium (Aumann 1974, 1987) satisfying apublic intentions criterion: Every agent wants his intended action to becommon knowledge. I argue that many conventions correspond to correlated equilibria that are not Nash equilibria, and that this is consistent with Lewis' general viewpoint. Finally, I argue that game theoretic characterizations of convention, such as Lewis' and my own, help to explain a convention's stability, but that a fully satisfactory account of the emergence of convention requires a theory of equilibrium selection beyond the scope of Lewis' work. (shrink)

Elsewhere I have argued that standard theories of linguistic competence are committed to taking seriously talk of “representations of” standard linguistic entities (“SLEs”), such as NPs, VPs, morphemes, phonemes, syntactic and phonetic features. However, it is very doubtful there are tokens of these “things” in space and time. Moreover, even if were, their existence would be completely inessential to the needs of either communication or serious linguistic theory. Their existence is an illusion: an extremely stable perceptual state we regularly (...) enter as a result of being stimulated by the wave forms we regularly produce when we execute our intentions to utter such tokens (a view I call “Folieism”). In his Ignorance of Language, Michael Devitt objects to this view, arguing that, “On Rey’s view, communication seems to rest on miraculous guesses.” I argue here that my view is not prey to his objections, and actually affords a scientifically more plausible view than his “empiricist” alternative. Specifically, I reply to his objections that my view couldn’t explain the conventionality of language and success of communication (§2.1), that I am faced with intractable difficulties surrounding the identity of intentional inexistents (§2.2), and that, contrary to my view, SLEs can be relationally defined (§2.3). Not only can Folieism survive Devitt’s objections, but (§3) it also provides a more satisfactory account of the role of linguistic intuitions than the “empirical” account on which he insists. (shrink)

This chapter contains sections titled: The Conventional View of Intentions The Challenge of Inseparable Effects Intentions and the Law: Type/Token Problems Intentions and the Law II: Matching Intentions with Results Beyond Motivational Significance: A Full‐Bodied View of Intentions and Representational Content Intentions and the Law III : Applying the Broader View of Intentions Beyond Intention? References.

Law is a main source of justice in a democratic society, and as such it must send clear and unequivocal messages to its addressees. Therefore, the question of the meaning in the legal vocabulary does not lose its relevance and universality. The present study examines the question of the linguistic significance of legal norms in legal vocabulary, applying an interdisciplinary approach. Joining the thesis that the legislation can be considered as an expression of the legally significant will of the rule-making (...) authority, the legal provisions will be presented as an intentional act. In search of the most appropriate explanatory method, two kinds of theories will be applied in parallel: Paul Grice's theory of linguistic meaning, on the one hand, and some theories with both textualist and intentionalist orientation, on the other. Subsequently, the communicative maxims proposed by Grice will be related to selected normative requirements related to the language of the normative acts. (shrink)

The work's central thesis is that meaningful discourse would be impossible unless the discoursers had distributive access to realities structured independently of language, such an access in fact as can service a metaphysically significant correspondence theory of truth. The thesis is deployed against the view, advanced by Hilary Putnam and by Richard Rorty, that we cannot exit the circle of words so as to secure any version of external realism. ;To establish the thesis, an intentionalist hermeneutics is developed: Due (...) to the plasticity of lexical meanings, the meaning of a text cannot be compositionally derived from linguistic conventions alone; the author's intentions, constituted in part by the extra-linguistic narrative matrices framing his life, must be consulted. The finding that a text's ontological commitments are determined by authorial intentions blocks Putnam's attempt to derive the ontological indeterminacy of human discourse from the Lowenheim-Skolem theorem. And his charge that this appeal to intentions is circular is faulted for its reliance on an inadequate, psycholinguistic model of intentions. ;It is then argued that meaningful discourse must be anchored, through narratively coherent transactions conducted without words, to realities structured beyond words: Our pre-linguistic ancestors could never have developed a meaningful description scheme unless its terms elicited among its original users sub-linguistic reality-negotiating strategies appropriate to encountered realities, strategies like those displayed by alexic brutes. The internal realist's claim that our grasp of reality is everywhere structured by language is consequently afforded a corrective supplement: That our grasp of language is everywhere structured by a sub-linguistic grasp of reality. The strategies our pre-linguistic ancestors used to locate and manage encountered realities indispensably underlie our present use of language and provide us with an extra-linguistic access to those realities, an access that is sufficient, it is argued, to support a substantive correspondence theory of truth: An assertion corresponds to reality as long as the reality-negotiating strategies it conjugates can be successfully implemented. And this truth-conferring conception of correspondence, constituted by an appropriateness to reality, can arguably sustain a robust version of realism. (shrink)

Silencing is usually explained in terms of conventionalism about the nature of speech acts. More recently, theorists have tried to develop intentionalist theories of the phenomenon. I argue, however, that if intentionalists are to accommodate the conventionalists' main insight, namely that silencing can be so extreme as to render certain types of speech act completely unavailable to victims, they must take two assumptions on board. First, it must be possible that speakers' communicative intentions are opaque to the speakers themselves. Secondly, (...) it needs to be assumed that structural oppression can have hidden psychological effects on its victims. Since both assumptions can be motivated independently, I argue that silencing can be fully understood without appealing to linguistic conventions. (shrink)

It has been argued that philosophers that base their theories of meaning on communicative intentions and language conventions cannot accommodate the fact that natural languages are compositional. In this paper I show that if we pay careful attention to Grice’s notion of “resultant procedures” we see that this is not the case. The argument, if we leave out all the technicalities, is fairly simple. Resultant procedures tell you how to combine utterance parts, like words, into larger units, like sentences. You (...) cannot have that unless you have R-correlations (reference) and Dcorrelations (denotation). These in turn, the argument goes, depend on communicative intentions, since without communicative intentions any attempt to R-correlate or D-correlate a word with an object or sets of objects would inevitably result in correlation-relations between that word and everything that exists. In other words, without communicative intentions in the equation it would turn out that every time we speak, we inevitably speak about everything, but clearly we do not. So communicative intentions, instead of being nebulous things that are in possible conflict with the Principle of Compositionality, are in fact a prerequisite for that very principle. (shrink)

There is a sense in which it is trivial to say that one accepts intention- (or convention-) based semantics.[2] For if what is meant by this claim is simply that there is an important respect in which words and sentences have meaning (either at all or the particular meanings that they have in any given natural language) due to the fact that they are used, in the way they are, by intentional agents (i.e. speakers), then it seems no (...) one should disagree. For imagine a possible world where there are physical things which share the shape and form of words of English or Japanese, or the acoustic properties of sentences of Finnish or Arapaho, yet where there are no intentional agents (or where any remaining intentional agents don’t use language). In such a world, it seems clear that these physical objects, which are only superficially language-like, will lack all meaning. Furthermore, it seems that questions of particular meaning are also settled by the conventions of intentional language users: it’s nothing more than convention which makes the concatenation of letters ‘a’^‘p’^‘p’^‘l’^‘e’ mean apple, rather than banana, in English.[3] So, understood as the minimal claim that intentional agents, who have a practice of using certain physical objects (written words, sounds, hand gestures, etc) to communicate certain thoughts, are a prerequisite for linguistic meaning, the idea that semantics is based on both intention and convention seems indisputable. I will label a theory which recognises this preconditional role for speaker intentions an A-style intention-based semantics and we will explore one such account in §1. (shrink)

J’évalue de manière critique un certain nombre de thèses concernant la façon dont l’intention peut compléter ou supplanter la convention dans une théorie de l’interprétation. Je soutiens que la signification de l’énonciation ne peut être identifiée aux intentions du locuteur, qu’elles soient réelles ou attribuées. Ou bien l’identification de la signification de l’énonciation aux intentions réelles ne réussit pas à attribuer un rôle déterminant véritable à ces intentions, ou bien elle échoue à rendre compte de la manière dont (...) ces intentions peuvent déterminer la signification de l’énonciation. L’identification de la signification de l’énonciation aux intentions attribuées suppose implicitement : a) que la signification attribuée au locuteur ne détermine pas réellement la signification de l’énonciation ; b) qu’elle n’est pas en mesure de rendre compte des contextes « davidsoniens » dans lesquels un locuteur réalise ses intentions sémantiques par des moyens non conventionnels. Je mets en avant « l’intentionnalisme interprétatif », qui accorde un rôle déterminant à la « saisie » tout en respectant l’idée anti-conventionnaliste selon laquelle les significations de l’énonciation ne peuvent être attribuées qu’à ce que l’on peut supposer être les véhicules d’intentions sémantiques. Ce point de vue permet aussi de fonder une distinction entre l’interprétation dans les arts et l’interprétation dans des contextes conversationnels ordinaires.I critically assess a range of proposals as to how intention supplements or supplants convention in a theory of interpretation. Utterance meaning, I argue, cannot be identified with utterer’s intentions, whether actual or ascribed. Identifying utterance meaning with actual intentions either fails to ascribe a genuine determining role to such intentions, or lacks an account of how such intentions are able to render utterance meaning determinate. Identifying utterance meaning with ascribed intentions either involves the tacit admission that ascribed utterer’s meaning is not the real determinant of utterance meaning, or is unable to account for “Davidsonian” contexts in which a speaker realizes her semantic intentions through unconventional means. I propose an alternative account —“interpretive intentionalism”— that accords a determining role to “uptake” while respecting the anti-conventionalist observation that utterance meanings are only ascribed to presumed vehicles of semantic intentions, and that also grounds a principled distinction between interpretation in the arts and interpretation in ordinary conversational contexts. (shrink)

In this paper, I sketch a revision of jonathan bennett's "meaning-Nominalist strategy" for explaining the conventional meanings of utterance-Types. Bennett's strategy does not explain sentence-Meaning by appeal to sub-Sentential meanings, And hence cannot hope to yield a theory that assigns a meaning to every sentence. I revise the strategy to make it applicable to predication and identification. The meaning-Convention for a term can then be used to fix its satisfaction conditions. Adapting a familiar trick of tarski's, We can (...) then determine an infinity of conventional meanings from a finite number of meaning-Conventions. (shrink)

This chapter is a manifesto of the film theory of Gregory Currie. He thinks that his work brings a connection between film and cognitive psychology. The chapter begins with a glimpse of an ideal theoretical structure and his opinion on the philosophical background against the manifesto itself. Then the theses and the arguments on film theory and the philosophy of film, moving pictures, convention, intention, and genre, and the viewer is laid out. The description includes an (...) outline of what he thinks is the ideal abstract structure for the film theory. He hoped that by doing this, he would contribute to the exemplification of the structure. The manifesto aims to promote the following: open criticism from the outside, struggle for inner coherence, comprehensiveness, and intuitive judgment. It is evident that his work is in a top-down mode which is why it is called a nervous manifesto. (shrink)

Two central tenets of externalist theories of word individuation are: the claim that some terms derive their meaning from causal connections to the world , and the claim that some terms derive them from intentional connections to the linguistic community . A normative conception of language underlies the latter claim . It is this conception which motivates the reliance on a principle of literal interpretation in interpreting ascriptions of intentional content. ;The new theory of grammar initiated by Chomsky yields (...) radically individualistic conceptions of language and of mind incompatible with those underlying communalist theories of conceptual content. ;The feasibility of the principle of literal interpretation postulated by normativist theories depends on the possibility of identifying the language of the subject. This condition grounds an important distinction between cases of deference to science and cases of deference to communal norms. For while our shared commitments to science are a function of our sharing the same world, and thus transcend language communities, commitments to linguistic norms differ essentially across language communities. ;The conception of language and concept acquisition underlying normativism leaves unexplained the facts of language change. Moreover, the problem of concept-individuation, which communalism seeks to solve by appeal to an individual's normative commitments, merely resurfaces as that of individuating linguistic communities. ;Subjectivism provides an explanation of language change, as well as an important insight into the historical chain picture of the reference of names. ;Moreover, the view that humans are innately endowed with concepts is problematic for an externalist theory of concept-individuation. I conclude that a relational theory of concept-individuation is inconsistent with Chomskian premises. (shrink)

I don't have any serious quarrels with John Searle's approach to speech act theory.' There's a lot of little things that I do not really understand. (Example: what is a direction of fit?) There are a few mmor points which I think are wrong. (Example: the doctrine about "underlying rules" which are "manifested or realized" by conventions, and, to be frank, the whole thing about so called constitutive rules. Why should a statement like "Greeting in a normal context cotmts (...) as a corteous recognition of the addressee by the speaker" be regarded as conveying a rule? How could one violate, or follow, the alleged role? Maybe greeting is something which presupposes the existence of certain rules, or maybe statements of the type "x counts as y in context c" are true only in virtue of the fact that certain policies are accepted in the contexts in question, but the statement above, concerning the essence of.. (shrink)

The theories I have outlined suggest that by displacing but not excluding theory, art historical practice at once grounds itself in empiricism and implies an acceptance of theory’s claim that it cannot be so grounded. But beyond descriptions like this, the theories are not a helpful way to understand practice because they cannot account for its persistence except by pointing to its transgressions and entanglements in self-contradiction. Nor does it help to say, pace Steven Knapp, Walter Benn Michaels, (...) and Stanley Fish, that strong theory can have no consequences, because the reason theory has no consequences in this instance is not the impossibility of theory’s transcendence , but a combination of the conventions, desires, and beliefs of practicing historians.14 Theoretical approaches must bypass the concerns of practice because practice has no position which can be argued alongside theory’s positions. There are two reasons why a “Defense of Empiricism in Art History” has not been written. First, art historical practice does not incorporate even a local or heuristic theory to explain or discuss itself. Second, its “position” is not a latent theory, waiting to be eloquently stated, but something which is presupposed in a vague and variable manner by the art historical texts themselves. Art historical practice, for example, has an objectivist intention: it takes itself to be “a science, with definite principles and techniques,” which can exclude theory and generate texts by appealing only to previous nontheoretical texts and to the facts.15 This intention is rarely stated, exasperatingly slippery to formulate clearly, and even incoherent when it is applied to existing texts; but this is so precisely because it works by not being included in the texts. If some version of it were stated at the outset of a monograph, it would cast doubt on the entire enterprise and lead the reader to conclude incorrectly that practice is dependent on theory, and uncertain theory at that. In its unstated form, the objectivist intention allows narrative practice to continue unimpeded. James Elkins is a doctoral candidate at the University of Chicago. This article is from a work in progress concerned with the influence of writing conventions on the history of art. (shrink)

Donnellan and Predelli have both responded to accusations that in virtue of involving intentions in their accounts of reference they are committed to ‘Humpty Dumpty’ theories of reference. I examine their responses and argue that they do not succeed in escaping this accusation. Corazza et al. (2002) propose an alternative to Predelli’s account involving linguistic conventions instead of intentions. I argue that Predelli’s responses to Corazza et al. are unsatisfactory and that the intentional theorist is obliged either to accept the (...) Humpty Dumpty conclusion or to adopt the conventional picture, thus relegating intentions to a less significant role in their reference theory. (shrink)

In “Against Theory” we argued that a text means what its author intends it to mean. We argued further that all attempts to found a method of interpretation on a general account of language involve imagining that a text can mean something other than what its author intends. Therefore, we concluded, all such attempts are bound to fail; there can be no method of interpretation. But the attempt to imagine that a text can mean something other than what its (...) author intends is not restricted to writers interested in interpretive method. In fact, the denial that meaning is determined by intention is central to projects as indifferent to method as hermeneutics and deconstruction. For hermeneutics, a text means that its author intends but also necessarily means more, acquiring new meanings as readers apply it to new situations. For deconstruction, an author can never succeed in determining the meaning of a text; every text participates in a code that necessarily eludes authorial control. Since both these projects are committed to the view that a text from mean something other than what its author intends, they are also committed to the view that a text derives its identity from something other than authorial intention. The text is what it is, no matter what meaning is assigned to it by its author and no matter how that meaning is revised by its readers.What gives a text its autonomous identity? On most accounts, the answer is linguistic conventions—the semantic and syntactic rules of the language in which the text is written. One of our aims in the present essay is to criticize the particular notions of textual identity advanced by hermeneutics and deconstruction, but our more general target is the notion that there can be any plausible criteria of textual identity that can function independent of authorial intention. Because there can be no such criteria, nonmethodological versions of interpretive theory are as incoherent as methodological ones and, like the methodological ones, should be abandoned. Steven Knapp is associate professor of English at the University of California, Berkeley, and is the author of Personification and the Sublime: Milton to Coleridge. Walter Benn Michaels, professor of English at the University of California, Berkeley, is the author of The Gold Standard and the Logic of Naturalism. (shrink)

Attempting art: an essay on intention-dependenceIt is a truism among philosophers that art is intention-dependent—that is to say, art-making is an activity that depends in some way on the maker's intentions. Not much thought has been given to just what this entails, however. For instance, most philosophers of art assume that intention-dependence entails concept-dependence—i.e. possessing a concept of art is necessary for art-making, so that what prospective artists must intend is to make art. And yet, a mounting (...) body of anthropological and art-historical evidence and philosophical argument suggests that not only is such a criterion unsatisfied by most of the art-historical canon, but it also rests on a false premise: concepts of 'art' are not shared between cultures, nor even in the same culture across time. My dissertation aims to rectify this error by first exploring what our commitment to art's intention-dependence actually entails, and then showing that, properly understood, intention-dependence sets a number of important constraints on theories of art with respect to explanatory desiderata such as the success- and failure-conditions of art-attempts, the cross-cultural identification of art, and the reference of 'art' and art-kind terms. I begin by situating art's intention-dependence in the philosophical literature on intentional action, arguing that, properly conceived, intention-dependence is a weak criterion which can be satisfied either directly or indirectly. It therefore does not necessarily entail concept-dependence. I then use this distinction to motivate a new treatment of the success- and failure-conditions for art-attempts, arguing that the extant model's emphasis on compliance with 'the manner intended' is far too restrictive to capture actual artistic practices. I go on to show that Ruth Millikan's model of linguistic conventions supplies an independently plausible explanation of art's concept-independent origins in terms of the development of a system of indirectly intention-dependent conventions called an 'artworld'. I argue that this account of artworld development supplies us with the tools we need to distinguish art-kinds from other artifactual kinds. Finally, I turn my attention to methodological issues, arguing that even though 'art' is a social kind with its roots in arbitrary and historically-contingent networks of conventions, the philosophy of art is not merely an exercise in bare conceptual analysis. In fact, there is now a great deal of evidence to show that the ways we think about 'art' are inconsistent, incomplete, imperialistic, and largely unprincipled. Yet I argue that this does not mean that the artworld data have no bearing on theories of art. Instead, I argue that our best reflective understanding of our artworld practices sets the constraints on the reference of 'art' and art-kind terms. I argue that we have no privileged epistemic access to the ontology of social kinds; our only privilege lies in our ability to determine the proper subject of our inquiries. (shrink)

My belief that Socrates was wise, and your belief that Socrates was mortal can be said to have a common focus, insofar as both these thoughts are about Socrates. In Peter Geach’s terminology, the objects of our beliefs bear the feature of intentional identity, because our beliefs share the same putative target. But what if it turned out that Socrates never existed? Can a pair of thoughts share a common focus if the object both thoughts are about, does not actually, (...) really exist? Object-centric accounts of intentionality which explain the aboutness or directedness of thought in terms of the intentional object the thought in question is about, contend that thoughts which share a common focus do so in virtue of both thoughts simply being about the same intentional object. However, Alexander Sandgren contends that such theories face difficulties in explaining a puzzle of intentional identity put forward by Walter Edelberg, in which a pair of sentences seem to differ in truth value but are purportedly logically equivalent on the object-centric theory. If this is right, then it seems that any account which explains intentionality with reference to an intentional object is threatened by this result, whether this object be abstract, merely possible, Meinongian, or otherwise. In this paper, I argue that Edelberg’s Puzzle is analogous to Frege’s Puzzle and the same tools conventionally used to solve Frege’s Puzzle can be used to solve Edelberg’s Puzzle. I then propose a new object-centric solution to Edelberg’s Puzzle which takes into account modes of presentation and which is able to accommodate all the relevant linguistic data. (shrink)

The social trackways theory is centered on the remarkable 3.66 mya Laetoli Fossilized Trackways, for they incontrovertibly reveal our ancestors were already obligate bipeds with very human-like feet, and were intentionally stepping in other band members’ footprints to maintain safe footing. Trackways are unique among natural sign systems in possessing a depictive narratively generative structure, somewhat like the symbolic sign systems of gestural languages. Therefore, due to daily embodied reiteration of their own and other band member’s old footprints, both (...) for bipedal safety and as recognizable wayfinding markers for socio-ecological navigation, incrementally our Mid-Pliocene ancestors began to acquire a cognitive capacity for episodic personal memories and episodic future simulations. They began mentally representing themselves as intentional agents continuously travelling from the past into the future. This spatially and temporally self-projecting awareness manifested itself as extra theory of mind and mental space-and-time-travel capacities, which increasingly enabled intentional or conscious, top-down executive adjustment of past behaviors for the sake of achieving better ways of doing things in the future. Future-directed behavioral and cultural adaptations began to increase fitness in all domains, thus creating powerful selective feedback for further entrenchment. Here we focus on overtly or consciously intentional exploratory wayfinding and transmission of elsewhere-and-when information, using pragmatic, discursive modes of communication, which enabled far more cooperative and efficient foraging practices. Selection for better communication thus led to intentional trail marking and the earliest emergence of more conventional/symbolic depictive and gestural “protolanguages.”. (shrink)

This dissertation sets out to answer the question ''What fixes the semantic values of context-sensitive referential terms—like names, demonstratives, and pronouns—in context?'' I argue that it is the speaker's intentions that play this role, as constrained by the conventions governing the use of particular sorts of referential terms. These conventions serve to filter the speaker's intentions for just those which meet these constraints on use, leaving only these filtered-for intentions as semantically relevant. By considering a wide range of cases, including (...) many involving confused and deceptive speakers, I argue that this 'constraint theory' provides a better account of linguistic reference than does any extant alternative, whether intentionalist or non-intentionalist. Along the way, I argue that semantics cannot depend on the reactions of idealized listeners, that speaker meaning is far less clear, and helpful, a notion than it is standardly taken to be, and that speakers needn't aim to be cooperative in order to fix the meaning of their terms in context. (shrink)

Chapter 1: An Introduction: The ‘Semantic Sting’ Argument Describes Dworkin’s theory as concerning the conditions of legal validity. “A legal system is a system of norms. Validity is a logical property of norms in a way akin to that in which truth is a logical property of propositions. A statement about the law is true if and only if the norm it purports to describe is a valid legal norm…It follows that there must be certain conditions which render certain (...) norms, but not others, legally valid. Hence it also follows that there can be two types of disagreement over the truth or falsehood of propositions about the law. People can disagree over the question ‘What are the conditions of legal validity?’, in which case their disagreement is a theoretical one. Or they can agree on the conditions of validity, and disagree as to whether or not those conditions actually obtain in a given case or not.” Argues that the best way to interpret Dworkin’s ‘semantic-sting argument’ is as a general argument against conventionalism in legal positivism. Summarizes the outcome of Dworkin’s argument as follows: “[I]f Dworkin is right about the legal reasoning of lawyers and judges, conventionalism would be self-defeating: if lawyers and judges recognize as legally binding not only those norms which are uncontroversially identifiable under the Rule of Recognition, that is, if what they recognize as binding is not only source-based law, then conventionalism turns out to be false on its own terms. In other words, either law is not what lawyers and judges think that it is, in which case law is not a matter of conventions, or – if it is what lawyers and judges think – conventionalism is false, as they do not see the law as purely a matter of conventions.” Dworkin’s theory, then, is a new conception of jurisprudence aiming to present itself as a rival to conventionalism. The book will be concerned with re-examining positivism in light of the interpretative challenge. Chapter 2: Meaning and Interpretation “[R]oughly, interpretation can be defined as an understanding or explanation of the meaning of an object.” Interpretation in this narrow sense is distinct from a less formal and broader use of interpretation that makes it equivalent to explanation. “Hence also, only those objects which are capable of bearing some meaning qualify as objects of interpretation.” [Why shouldn’t we think of interpretation as object-identification? This seems to be closer to what Dworkin has in mind.] Thus, a consideration of the philosophical work on meaning is appropriate. First, a consideration of Davidson on interpretation. The thesis is that Davidson’s “radical interpretation” can only account for sentence meaning and not for linguistic interpretation in general. Davidson cannot account for the non-rule-governed aspects of communication. “Semantics, as opposed to interpretation, concerns those aspects of communication which are rule or convention governed…but such rules are normally unavailable as reasons or justifications for an interpretation. On the contrary, interpretation is usually required because the issue is not determined by rules or conventions.” Interpretation, rather, is parasitic with understanding the meaning of an expression and not equivalent with it. As Dummett notes, any reflection on the meanings of words assumes prior knowledge of ordinary meanings. “This leads to the conclusion that understanding or explaining the meaning of an expression and interpreting it, are two conceptually separate things. It also indicates that seman ics can only be employed, if at all, to elucidate the concept of interpretation by way of contrast: interpretation concerns those aspects of communication which are under-determined by semantic rules or conventions.” Pragmatics, the study of problems posed by discrepancies between utterer’s meaning and sentence meaning, would seem to be closer to inquiry into interpretation. Both are concerned with understanding how meaning is possible where conventional rules leave off. Contemporary pragmatics, moreover, recognizes the logically indeterminate character of communicative inferences beyond conventional meaning and that the contextual conditions that account for the possibility cannot be realized in the semantic structure of the sentence. However, different criteria of success may be at work in pragmatics than interpretation. Pragmatics is concerned with how communication is achieved and thus the criteria of success would be grasping a speaker’s intentions. Many think, however, that communication is unimportant in certain spheres of communication, e.g. artistic interpretation, and that in these cases the aim of interpretation is not to uncover the actual artist’s intentions. What kind of meaning is interpretation aimed at then? It cannot be the meaning the object has for the interpreter. “Interpretation purports to be a statement about the object interpreted, not about the subject who offers the interpretation…it is crucial to remember that not everything we say about a work of art, or any other text, amounts to an interpretation of it. Only those aspects of a text which can shed light on its meaning form part of the text’s interpretation. What the text means for someone rarely entails anything about what the text means.” [This is puzzling to some extent for it remains somewhat ambiguous what it means to talk of subject-independent meaning.] Interpretive meaning attribution is, rather, counterfactual. “In general, I will suggest that the answer to this question consists in the fact that meaning is assigned by a counterfactual statement. Given that x is the meaning attributed to, for instance a text T, and x is not the literal meaning of T, nor is it the meaning of T intended by its author, then the attribution of meaning x to T can only be understood as the contention that on the basis of certain assumptions a certain fictitious or stipulated speaker would have meant x by expressing T.” Thus, on this account, interpretation, when it does not concern an actual speaker, turns out to be a kind of counterfactual intention attribution. Twofold point: “First, that interpretation is essentially a matter of attributing intentions, that is, in the pragmatics sense of ‘meaning’, namely, meaning that such-and-such by an act or expression. At the same time, interpretations need not be based on the intentions of actual authors; the meaning of an act or expression is understandable in terms of counterfactual intentions.” [Are we really restricted to understanding the coherence and integrity of meaning in such a way? Presumably the author is a kind of device for organizing meaning, much like Dworkin’s integrity, but need it take that format?] The logic of interpretation is typically reducible to intention attribution. [What role does the counterfactual author play in structuring meaning?] The criteria of interpretive success will depend upon the object, whether it is the real author or the counterfactual author. If the former, success will depend upon the retrieval of the author’s actual intentions. “Likewise, if the author is characterized in terms of some ideal representative of a certain genre, for instance, the presumptions which are taken to determine this c aracterization would provide the criteria of success for the particular interpretation offered.” [The criteria of success would seem, then, to be the principles, ideals, etc. that we attribute to the counterfactual author. These attributed qualities would be doing all the work – is the attribution of intention to the hypothetical author, then, really necessary at all?] [Does this account presuppose a weird dichotomy between what an object is and what it means? This dichotomy is different, if present at all, in Dworkin.] Chapter 3: Dworkin’s Theory of Interpretation and the Nature of Jurisprudence Three main insights of Dworkin’s theory of interpretation: “First, that interpretation strives to present its object in its best possible light. Second, that interpretation is essentially genre-dependent. And third, that there are certain constraints that determine the limits of possible interpretations of a given object.” Why the best light? Dworkin doesn’t really address this question in depth but claims that otherwise we are left with no way of justifying and choosing an interpretation or we are left with the author’s intention model, which we should reject. [Marmor doesn’t seem clear on what precisely it means to present something in its best light – seems to conflate it with most appealing light which, I take it, is different than what Dworkin has in mind.] “Dworkin is quite right to maintain that without having some views about the values inherent in the genre to which the text is taken to belong, no interpretation can take off the ground. The values we associate with the genre partly, but crucially, determine what would make sense to say about the text, what are the kinds of meaning we could ascribe to it.” There is no necessity for an interpretation to present an object in its best light with regards to the genre it is taken to be part of. Interpretations “could simply strive to present it in a certain light, perhaps better than some, worse than others, but in a way which highlights an aspect of the meaning of the text which may be worth paying attention to for some reason or another.” [What kind of reasons would count in choosing to present it in one light rather than another?] There is simply zero grounds for Dworkin’s assertion that we have no reason to pay attention to an interpretation that does not present it in its best light. Take a psychoanalytic interpretation of Hamlet, for example – not the best light, but a legitimate one. [This seems related to the next criticism – clearly Dworkin would have to loosen his insistence on the best, though not to detriment.] Moreover, especially with regards to art, it doesn’t appear possible to make an all things considered judgment about the best interpretation given the incommensurability of different values that are taken to inhere in a given genre. [Dworkin can respond here that we may have different available interpretations that could be justified with respect to the relevant value. Moreover, a lack of common denominator does not prevent any comparison whatsoever.] Constructive interpretation concerns social practices constituted by norms – it imposes a purpose or value rendering intelligible the normative character of the practice. There is a separate aspect of constructive interpretation that maintains that elements of the practice are sensitive to the point of the practice. It is important to note that different social practices will institutionalize themselves in different ways – thus, different practices will establish varying conditions on how the practice can be altered. The position of the positivists is that evaluative judgments concerning what the law should be are insufficient for determining what the law is given the nature of law’s institutionalization.&nb p; [This would seem to reside on a certain conception of law, i.e. an interpretation about where the value of law lies.] “[T]his being one of the main points of dispute between Dworkin and his positivist opponents, Dworkin cannot at this initial state presume law to be sensitive to its value in the manner that other, non-institutional practices might be, without incurring the charge of having assumed the very point at issue.” The upshot for Dworkin is that any explanation of a social practice such as law requires the same kind of reasoning as participation in that practice. This will be called the hermeneutic thesis. We can try to reconstruct a justification for this view based on the necessity of shared background assumptions – but this will not do since Dworkin’s claim is stronger: it contends that participants’ and theorists’ must “adopt one and the same normative point of view.” [The sense of normative here is unclear. It is true, though, that shared background assumptions do not imply viewing the law as valuable in any particular way, or at least it does not imply this in any strong sense.] Dworkin makes two distinct points with the hermeneutic thesis: “First, that the explanation of a social practice, like law or the arts, is essentially interpretative, and as such, necessarily value laden. Second, that the interpretation of such social practices, which Dworkin calls ‘argumentative’, is unique in the sense that the practice itself is an evaluative enterprise, and that therefore the interpreter of such a practice must form an evaluative judgment of her own about those values which are inherent in the practice that she purports to interpret.” [As stated, the first thesis is terribly ambiguous – for Dworkin, it clear implies a commitment to constructive interpretation. For Marmor, who accepts it, it is totally unclear what commitment he intends to make. He seems to mean simply that we have criteria for success concerning what counts as a successful explanation.] Mamor denies the second thesis. “What Dworkin seems to ignore here is that there is a crucial difference between forming a view about the values which are manifest in a social practice, like law, and actually having evaluative judgments about them.” [The problem, however, it that it is a contentious matter what values are part of the law – a theorist’s account of what values are constitutive of a particular legal system must rely on the kind of arguments which participants rely on. Of course, a theorist might simply note a debate about values and attempt to remain agnostic, but this will fail to be a full theoretical account of what law is!] Dworkin’s thesis seems to depend exclusively on his account of constructive interpretation. [This seems exactly right.] Chapter 4: Coherence, Holism, and Interpretation: The Epistemic Foundation of Dworkin’s Legal Theory Begins with discussion of Rawls’ reflective equilibrium. Sums up dual criticism as follows: “[T]he assumption that intuitions are independently true and the converse one, that their truth depends on fitting a coherent scheme, both seem to yield paradoxical results.” Dworkin, in his article “The Original Position”, claims that Rawls cannot commit himself to ethical realism. “[T]he natural model presupposes some form of ethical realism, while the constructive model does not. One important difficulty arising from an attempt to apply the natural model to Rawls is, that under the natural model, any theory which dopes not account for an intuition, at least for one which is held firmly, cannot be wholly satisfactory, just as scientific theory which does not account for certain observational data it is supposed to cover, would not be satisfactory in a familiar way.” Rawls, rather, is committed to a constructivist view of morality. Moreover, the reason we value coherence epistemically in moral theory is that it itself is a value of political morality – fairness requires consistency and publicity in the application of moral standards. Marmor notes the following problem with such a view: “[I]f coherence is justified, as it is here, with reference to certain moral values, that is, a specific conception of fairness, then we face the following problem: the presupposed values of fairness must themselves be based upon intuitive convictions, in which case the question of their truth cannot be ignored. If they are taken to be true…we are driven back to the perplexities of the natural model.” Discusses, helpfully, the Fish/Dworkin debate. The upshot is that Dworkin’s interpretive model is best off if it commits itself to a Quineian holism. However, this undermines his distinction between internal and external skepticism since holism must deny that moral judgments constitute a closed system. [This analysis seems exactly right.] Endorses Simmonds view that Dworkin’s theory does not meet the requirements of complexity he identifies as necessary to avoid vicious circularity in interpretive judgments of fit and identity. Coherence is doing the work through and through and therefore the interpretive theory of law is circular. [Will require further investigation, though it is unclear how coherence is doing any work in the pre-interpretive stage. At this stage, the judgments, if interpretive, seem to be derived from different sources. In any case, using coherence as a value seems to be highly suspect.] Why doesn’t Dworkin just reject Fish’s assumptions: because of his jurisprudence. “If legal texts can have a meaning that is not entirely dependent on a process of interpretation, then it is at least sometimes the case that the law can simply be understood, and applied, without the mediation of interpretation. And if that is the case, then the argument from interpretation against legal positivism collapses. It is no longer the case that every conclusion about what the law is, depends on evaluative considerations about what it ought to be.” Chapter 5: Semantics, Realism, and Natural Law Assessment of Michael Moore’s legal realism and its implications. [The final criticisms of Moore are not decisive.] Chapter 6: Constructive Identification and Razian Authority A consideration of Dworkin’s denial that the communication model of interpretation is appropriate for legal interpretation. Marmor argues that intentions do play a crucial role in the identification of legal norms in a way that is incompatible with Dworkin’s “coherence thesis”. Marmor takes Dworkin to be committed to the constructive identification thesis: that the identification of something as part of the legal, artistic, etc. genre can be done sufficiently by evaluative considerations. “Here, one must maintain that evaluative considerations are sufficient to determine whether something is a legal norm or a work of art”. [Fit, however, constrains possible evaluative considerations – thus evaluative considerations are not sufficient in themselves.] “Now the crucial point here is this: if you maintain the possibility of constructive identification in art, you must assume that works of art can be identified as such on the basis of certain features they happen to possess, features which contain no reference to any particular intention to create a work of art…unless we take intentions into account, how can we discriminate between the concept of an aesthetic artifact and the con ept of a work of art?” [It is unclear, and I think false, that constructive interpretation of anything requires identifying something irrespective of an artificers intentions. Those intentions may be relevant, dependent upon the genre under which we are trying to classify the object. Nothing, seemingly, about constructive interpretation in general excludes this possibility.] Marmor’s point is that it turns out to be impossible to identify art as art without reference to an artist’s intentions – especially given the state of contemporary art. [It is notable that Marmor’s response to counterexample implicitly depends upon a fully developed theory of aesthetics. His cursory comments on the matter of identifying art seem insufficient to say the least.] The rest of the chapter considers the incompatibility of Raz’s account of authority with constructive interpretation. The incompatibilities mentioned do not move beyond what Raz identifies in his article “Authority, Law and Morality”, but a defense of this notion of authority is defended in several [inconclusive] respects. [Raz and Marmor want to separate identification from content. This is not clearly a defensible separation.] Chapter 7: No Easy Cases? Chapter defends notion that there is a distinction between easy and hard cases in the positivist sense. Takes a Hartian approach and ultimately defends the distinction by associating it Wittgenstein’s conception of rule following. The point is that one need to look the purpose of rule in order to understand what the rule requires. Chapter 8: Legislative Intent and the Authority of Law Examines the following doctrine concerning the role of legislative intent in adjudication: “[F]irst, it would hold that laws, at least in certain cases, are enacted with relatively specific intentions, and that this is a matter of fact which is discernible through an ordinary fact-finding procedure. Second, that in certain cases the presence of such a fact, namely, that the law was enacted with a certain intention, provides judges with a reason to decide the legal dispute in accordance with the relevant legislative intent.” [It is important that for Marmor, interpretive strategies are only appropriate in hard cases. However, we should wonder what grounds positivism can offer for deciding a hard case in any manner which is not the morally best manner according to the judgment of the judge. There are no legal grounds, by definition, in hard cases and so what justificatory strategy would endorse any judicial decision except for the morally best one?] We can ascribe intentions to a legislative body, when this is possible at all, by taking the shared intentions of the majority, rather than some group intention, to be the significant intentions. Moreover, we should expect a good deal of consensus about intentions for otherwise it is hard to explain how legislative bodies are able to produce so much legislation. Discussion of kinds of intentions concludes as follows: “I have distinguished between three main types of intention that are potentially relevant from the legal point of view. Apart from the intentions that are manifest in the language of the law itself, legislators typically have further intentions in enacting a given law, and sometimes they would have certain intentions bearing on its proper application. I have also suggested that some of these further intentions may be essentially non-avowable, in which case they are rendered initially irrelevant. Finally, I have pointed out that considerations of consistency require that the legislator’s application intentions be taken into account only if, and to the extent that, they are in accord with his further intentions.” The manner in which intentionalism is to be justif ed relies on the distinction, Marmor maintains, between expert and mere collective action authority. “The point I wanted to make is strictly conditional: if, and only if, a certain law is justified on the basis of the expertise branch of the normal justification thesis, would it make sense to defer to the legislature’s intentions in the interpretation of the law, that is, to the extent that there is, in fact,; such an intention and it can clarify something that needs clarification.” Insofar as a legislature can be considered an expert on the matter requiring adjudication and interpretation should the body’s intention be taken into account. Chapter 9: Constitutional Interpretation Begins by laying out general necessary features of a constitution. Then Marmor moves on to consider general questions of constitutional legitimacy. First, he considers what grounds might be offered for the legitimacy of a constitution at all. He notes that the central question is what permits a single generation to bind future generations. He then examines four arguments to avoid this problem. The first is based on the moral legitimacy of the constitution; Marmor rejects this solution for the [truly dubious] reason that the constitution would make no practical difference because it would not supply reasons in addition to those provided by morality [but, presumably, the point is that these legally valid rules would be institutionally enshrined]. The second is based on the moral authority of the framers and Marmor rightly rejects this on the basis of the idealization of the framers it requires and less rightly on the basis that there cannot be moral authorities. Third is the “argument from interpretation” which claims that “as long as the particular content of the constitution is determined by its interpretation, and the authoritative interpretation at any time correctly instantiates the values which ought to be upheld in the community, the constitution would be morally legitimate”. The fourth is Raz’s which argues that a constitution is valid so long as its constraints are morally permissible because conventions of this type might aid the continuity of the legal system, i.e. it is important to have a convention of this type and the constitution is a kind of this type. Marmor appears to endorse these two approaches and concludes: “The conditions for the legitimacy of a constitution must comprise the following conditions. First, the values and principles enshrined in it must be morally permissible…Second, when certain choices are made in particular cases, they would be legitimate if they are either morally underdetermined, or else, morally correct…It follows from this that both arguments must assume that at least in those areas in which the constitution would make a moral difference, it can be interpreted to make the difference that it should, that is, according to the true moral principles that should apply to the particular case...the moral legitimacy of constitutions very much dependent on the practices of their interpretation. In other words, a great deal of the burden of moral legitimacy is shifted by these arguments to the application of the constitution, thus assuming that the constitution is legitimate only if the courts are likely to apply the constitution in a morally desirable way.” [This implies that the only significant value constitutions have is in providing a conventional practice where some such practice is required.] Moves on to argue that courts typically rely, and rightly so, on moral considerations when deciding constitutional issues because typically, in cases of the kind that reach the supreme or constitutional court, there is no law on the case. Much of this relies on his earlier discussion about the nature of interpretation in the law – that legal interpretation is always a matter of cha ging the law. (shrink)

L’une des plus notoires limites en droit international est la possibilité pour les États parties d’émettre des réserves afin de diminuer leur obligation de mettre en œuvre les droits enchâssés dans un traité. Les réserves formulées lors de la ratification de la Convention relative aux droits de l’enfant au regard du droit à l’éducation sont particulièrement notables et seront le sujet d’analyse de cet article. Nous allons dans un premier temps considérer le sens, l’intention sous-jacente, et la portée (...) des réserves en droit international, dans le cadre de la théorie de la « signifique» élaborée par l’éminente sémioticienne Victoria Lady Welby. Dans un deuxième temps, nous allons étudier le contenu des réserves au droit à l’éducation, l’intention des États lors de la rédaction des dispositions en nous référant aux travaux préparatoires de la CDE, et enfin leur « signification». Nous tenterons de répondre à la question suivante: les réserves au droit à l’éducation ont-elles des limites? Finalement, nous effectuerons une analyse sémioéthique de la Convention afin d’identifier des mesures permettant de désamorcer le signe pernicieux que constitue toute réserve au droit à l’éducation. (shrink)

According to contextualists, communication has to do with pragmatically adjusted content, not with conventional meaning. This pragmatic content is sometimes identified with speaker meaning or with the thought the speaker intends to express. I will argue that given the sociolinguistic role of utterance content—the fact it provides reasons for action, liabilities and entitlements—locutionary content should not be modelled as a variety of speaker meaning.

Refusal is considered a face-threatening act, since it contradicts the inviter’s expectations. In the case of Japanese, native speakers are known to prefer to leave sentences unfinished for a conventional indirect refusal. Successful comprehension of this indirect refusal depends on whether the addressee is fully conventionalized to the preference for syntactic unfinishedness so that they can identify the true intention of the refusal. Then, non-native speakers who are not fully accustomed to the convention may be confused by the (...) indirect style. In the present study, we used event-related potentials of electroencephalography in an attempt to differentiate the neural substrates for perceiving unfinished sentences in a conventionalized indirect refusal as an FTA between NS and NNS, in terms of the unfinishedness and indirectness of the critical sentence. In addition, we examined the effects of individual differences in mentalization, or the theory of mind, which refers to the ability to infer the mental states of others. We found several different ERP effects for these refusals between NS and NNS. NNS induced stronger P600 effects for the unfinishedness of the refusal sentences, suggesting their perceived syntactic anomaly. This was not evoked in NS. NNS also revealed the effects of N400 and P300 for the indirectness of refusal sentences, which can be interpreted as their increased processing load for pragmatic processing in the inexperienced contextual flow. We further found that the NNS’s individual mentalizing ability correlates with the effect of N400 mentioned above, indicating that lower mentalizers evoke higher N400 for indirect refusal. NS, on the contrary, did not yield these effects reflecting the increased pragmatic processing load. Instead, they evoked earlier ERPs of early posterior negativity and P200, both of which are known as indices of emotional processing, for finished sentences of refusal than for unfinished ones. We interpreted these effects as a NS’s dispreference for finished sentences to realize an FTA, given that unfinished sentences are considered more polite and more conventionalized in Japanese social encounters. Overall, these findings provide evidence that a syntactic anomaly inherent in a cultural convention as well as individual mentalizing ability plays an important role in understanding an indirect speech act of face-threatening refusal. (shrink)

The essays in this collection are concerned with the philosophical problems that arise in connection with the understanding and evaluation of literature - such problems as the relationship between the work and the author (authorial intention), between the work and the world (reference and truth), the definition of a literary work, and the nature of literary theory itself. Professor Olsen attacks many of the orthodoxies of modern literary theory, in particular the enterprise to build a comprehensive systematic (...) literary theory. His own work is informed by a consistent perspective: the assumption that literature is a social institution governed by conventions, and that answers to problems of interpretation and appreciation can be found only through an analysis of these conventions. This is an important book for scholars and students of literary theory and philosophy, especially for those who see an ever-increasing cross-fertilization between the two disciplines. (shrink)

In this case report, we studied Theory of Mind and figurative language comprehension in a 7.2-year-old child, conventionally named RJ, with isolated and complete agenesis of the corpus callosum, a rare malformation due to the absence of the corpus callosum, the major tract connecting the two brain hemispheres. To study ToM, which is the capability to infer the other’s mental states, we used the classical false belief tasks, and to study figurative language, i.e., those linguistic usages involving non-literal meanings, (...) we used tasks assessing metaphor and idiom comprehension. RJ’s intellectual level and his phonological, lexical, and grammatical abilities were all adequate. In both the ToM false belief tasks and novel sensory metaphor comprehension, RJ showed a delay of 3 years and a significant gap compared to a typically developing control group, while in idioms, his performance was at the border of average. These outcomes suggest that RJ has a specific pragmatic difficulty in all tasks where he must interpret the other’s communicative intention, as in ToM tasks and novel sensory metaphor comprehension. The outcomes also open up interesting insights into the relationships between ToM and figurative language in children with isolated and complete ACC. (shrink)

In this paper, I critically evaluate Lynne Rudder Baker’s nonmereological theory of material constitution in light of the “thinking into existence” objection from Theodore Sider and Dean W. Zimmerman. Baker does respond; however, she focuses only on the specific versions of the objection that has been posed by Sider and Zimmerman, and she does not address the underlying problem. Baker maintains that beliefs, social practices, and conventions can make something constitute a new object, namely, an intention-dependent object; however, (...) as I argue, the thinking into existence objection shows that constituted objects, if there are any, are ontologically independent of beliefs, social practices, and conventions. In fact, Baker’s theory doesn’t give us any reason to believe that the intention-dependent objects are more real than fictional objects. (shrink)

I aim to analyze in this dissertation what a desirable basic institutional structure looks like from the perspective of rationality. While the main topic is thus normative in nature, I start by clarifying in the first part what the notion of rationality exactly entails. I do so by focusing explicitly on the economic conception of rationality, according to which a rational individual is motivated to serve his self-interest on the basis of cost-benefit calculations. Such a Homo Economicus is characterized by (...) his intentional and instrumental actions, his perfectly informed beliefs and his exogenously given and egoistic preferences. In my view, however, this model is inadequate if one aims to understand what it means to be rational. The requirements that actions should be instrumental, beliefs should be based on perfect information and preferences should be exogenously given and egoistic in nature turn out to be overly demanding in this respect. That is why I propose to drop these assumptions in what I label the minimal conception of rationality. Since the latter turns out to be very formal indeed, I propose two further alternatives, which focus not so much on the choice of means to achieve certain goals, as they focus on the choice of these goals themselves. According to the first, broad conception, actions are rational if they are based on good reasons, which are further qualified as well-informed beliefs and autonomous preferences. According to the second, expressive conception, actions, beliefs and preferences are rational if they express the things the individual at hand cares about. The latter requires that individuals can reflect upon and identify with their reasons, which implies a capacity to reflect upon and distance themselves from their own bundle of preferences. In the second part of this dissertation, I try to show the value and limitations of these conceptions by applying them to the context of large-scaled elections. In this respect, it becomes immediately clear that the economic conception fails to explain why quite a lot of people go out and vote. After all, since a single vote has only an infinitesimal impact on the electoral result, it does not enable people to serve their interests or realize their goals. This leads to the so-called voting paradox, according to which no rational individual will decide to vote. The standard solution is to assume that individuals vote because they derive satisfaction from the very act itself. However, this strategy is rather ‘ad hoc’ and does not explain how people vote once they find themselves inside the voting booth. The expressive conception of rationality does better in this respect. It suggests that people vote because they care about democracy in general or about a specific political candidate or ideology. Since they conceive of themselves as being a good citizen, they express this aspect of their identity by going out to vote. In the third part of this dissertation, I analyze more fully the normative implications of the different conceptions of rationality. More specifically, I try to answer the question which basic institutional structure is desirable if one assumes that people are by and large rational. This immediately shows that both the normative issue and the explanatory issue are closely connected. In my view, proposals regarding institutional design and reform should be based on empirically adequate models of individual actions and motivations. This search for a realistic utopia goes against the conventional strategy of most economists. They rely on the Homo Economicus model, even if this fails to explain individual behavior. To explain more fully what the normative implications are of the counterfactual assumption that all people are economically rational, I focus on the work of James Buchanan. In his theory of constitutional choice, he argues in favor of a minimal state whose only task is to make sure that the market functions properly. Buchanan thus favors strict constitutional limitations for governments, which tend to expand beyond legitimate borders as soon as politicians and public servants are allowed to serve their own interests. In my view, however, the abovementioned criticisms of the Homo Economicus model have theoretical as well as normative implications. After all, the empirically supported fact that a majority of individuals does not act in economically rational ways creates more room for legitimate government intervention. Expressively rational citizens will, for example, more easily agree on the necessity and desirability of a collective provision of certain public goods. In addition, expressively rational politicians and public servants can be more easily trusted to serve the public interest rather than their narrowly defined self-interest. As an alternative to Buchanan’s one-sided focus on economic rationality and the market, I focus on the work of Samuel Bowles en Herbert Gintis. More specifically, I explore their work on the phenomenon of strong reciprocity, which refers to the widespread tendency of people to reward prosocial behavior and punish antisocial behavior, even if this is costly for themselves. Since this is clearly economically irrational, Bowles and Gintis propose to complement the Homo Economicus model with the Homo Reciprocans model. This model, which comes close to the expressive conception of rationality, is able to incorporate the insight that social norms surrounding reciprocity, cooperation and fairness are crucial in regulating interactions. At the normative level, Bowles and Gintis stress that such norms often lead to socially desirable outcomes, since they enable people to live in harmony without relying on coercive and costly government interventions. This suggests that the debate between proponents of the market on the one hand and the state on the other hand neglects the importance of communities where people spontaneously interact on the basis of generally prosocial norms. As such, the insights of Bowles and Gintis lead to a defense of a basic institutional structure in which markets, states and communities mutually complement and reinforce each other. They also justify a general optimism as regards to the capacity and motivation of people to try and improve the rules and institutions that govern their everyday lives. (shrink)

In the early part of the 20th century the logical positivists launched a powerful attack on traditional philosophy, rejecting the very idea of philosophy as a substantive discipline and replacing it with a practical, conventionalist, meta-theoretical view of philosophy. The positivist critique was based on a series of dichotomies: the analytic vs. the synthetic, the external vs. the internal, the apriori vs. the empirical, the meta-theoretical vs. the object- theoretical, the conventional vs. the factual. Quine's attack on the positivists' dichotomies (...) was, by extension (if not by intention), also an attack on their critique of philosophy. Quine's own theory, however, in time took an extreme naturalistic turn that, if anything, deepened the schism between philosophy and knowledge. -/- In this paper I show that many of Quine's early philosophical ideas - his denial of the analytic-synthetic distinction, his thesis of the interconnectedness of knowledge, his universal revisability thesis, his principle of the inseparability of language and theory, his methodological pragmatism, and his realism - are in fact compatible with a substantive philosophy. Moreover, certain inner tensions in Quine's theory naturally lead to a new model of knowledge in which philosophy plays a substantive role: not as a "first philosophy", or as a "meta-science", or as a "chapter in psychology", but as an independent discipline in its own right, alongside, continuous with, and complementary to, science. (shrink)

Older statutes sometimes alter the legal content of newer statutes in a way not apparent from the text of the newer statutes. The puzzle is how, even if a new statute is the choice of the current polis, the legal content created in part by the elderly statute is also the choice of the current polis. I consider several possible answers, including a legislative intent account and Dworkin’s, and argue that none of them is satisfactory. I then offer my own (...) account, the De Re Account, which depends on distinguishing choosing under a description from choosing de re and noting that background norms and conventions sometimes determine what one does. In the case of legislation, because of the pragmatic norms for legal language and conventional practices against which a legislature acts, the legal content of the newer statute is chosen de re. (shrink)

We can see from the analysis set out here that the two accounts that were the focus of consideration are complementary to one another. It has been my contention that a problem like specifying a concept such as ‘refrain’ is highly complex. One part of it is the problem of determining the relation between the action (or event) and the result. Another part of the problem is that of describing the event itself; what kind of an event is it? These (...) two projects are related and so it is clear that the results must be consistent. However, it is equally clear that the definition which is useful for one project is not the same as that which is helpful for another. The point is that it should not be assumed that an account that initially looks incompatible with one's own must be refuted. It is sometimes better to consider what is needed for a complete account, and whether many different approaches may contribute pieces to the puzzle.We have here one puzzle piece: an analysis of refraining. It should not be assumed that we have thereby completed the puzzle of omission, but omission can be approached the same way; that is, by coordinating parallel projects.Accordingly, the first benefit of the present analysis is that it sets up an approach which is modular in nature. It allows for parallel projects to be pursued separately and coordinated. This kind of approach is sorely needed in this area to counter unproductive dispute.To see how such an approach can be applied to further problems profitably consider the following persistent controversy. Many philosophers are at odds over the importance of the notion of duty, or more informally, reasonable expectation in the understanding of refraining. A number of them (e.g., Hart and Honore, John Casey, and Phillipa Foot) hold that the determining feature for the ascription of responsibility to an agent for not doing something to prevent a harm (say, a death) is the presence of a duty or reasonable expectation that the agent do something about the situation. For example, John Casey holds, “If a man does not do x, we cannot properly say that his not doing x is the cause of some result y, unless in the normal course of events he could have been expected to do x.” Casey, Actions and Consequences (1978).Other philosophers object that a person can cause a result by refraining from (causally) preventing it, and that such an event can be explained without any reference to duty. These two views appear to conflict, but in fact they are both right (but both incomplete). The reason that the above statements are generally thought to constitute a disagreement is that ‘refrain’ is generally taken as the fundamental term of analysis for omissions. Thus, if Casey says, “If a man does not do x...” he is taken to mean “...if a man refrains from doing x...” But he need not mean that. He may mean to say only that the man failed to do x. See my analysis in “Contemplating Failure,” supra note 10. Failing to do something can be, and ordinarily is, thought of as stronger than simple nonaction. But it is much weaker than refraining. For one thing, it has no awareness requirement. Thus, an account like Casey's can explain the ascription of responsibility and the presence of an omission where Green's account (or the account offered here) cannot, and vice versa. Casey's view can explain why we hold (or at least that we hold) responsible the night watchman who forgets to check one of the windows, the bookkeeper who (accidentally) omits an entry in the accounts, or the private duty nurse who fails to prevent a death by falling asleep on the job. No refraining is present in any of these cases. Consequently, any thesis based on refraining alone cannot explain them. But in many cases refraining is precisely what is important, and Green (and others of the same persuasion) are correct to point out that no reference to duty is necessarily required to account for these cases. Analysis based on refraining best explains intentional or conscious omission. Analysis based on duty or reasonable expectation is the only way to explain unconscious omission. More often than not, both elements are present. A complete account of omission needs both. So here again, the better way to view these putatively competing accounts is as parallel projects which work toward a common, but complex end. The approach taken here allows for this kind of much needed coordination. The second benefit of the present analysis is that it clarifies and focuses on the significance of the mental element of refraining. Refraining is conscious omission. Consciousness and omission are its distinguishing features. The effects of seeing the concept this way are pervasive. Here is one example. If I refrain from reporting my full income to the IRS, I have committed fraud, and punitive or even criminal sanctions may be reasonable. If I fail to report my full income through ignorance or mistake (say, I misunderstood the instructions) correcting the error and requiring payment is reasonable, but certainly criminal sanction is not. This oversimplifies the distinction, but it illustrates the focus of my pursuit.With regard to positive actions, law and philosophy have long recognized this important distinction as manifested in the difference between negligence and intentional tort, or manslaughter and murder. Due (I think) to the extraordinary flexibility of language and the weakness and variability of social conventions regarding omissions, this distinction has not been clearly articulated. I think such an analysis is worth pursuing. The present account is one step in that pursuit. (shrink)

It is commonly supposed that an utterance of a demonstrative, such as “that”, refers to a given object only if the speaker intends to refer to that object. This paper poses three challenges to this theory. First, the theory threatens to beg the question by defining the content of the speaker’s intention in terms of reference. Second, the theory makes psychologically implausible demands on the speaker. Third, the theory entails that there can be no demonstratives (...) in thought. (shrink)

The problem area of distributive justice includes at its core questions about what ought to be owned, how it can be owned and who ought to own it. A fundamental assumption behind recent attempts to address these questions is that the power to shape the property institutions of a society lies entirely in that society's laws. This view, I argue, is mistaken. In this dissertation I provide an account of how property institutions are related to other social practices in a (...) society. A consequence of this account is that property law does not solely determine what property looks like in a society. ;The analysis begins with the observation of Enlightenment-era natural rights theorists that property is, first and foremost, a conventional social norm. I then turn to modern developments in game theory and social psychology to propose a novel account of how conventional social norms guide agents. On this account, a norm guides an agent by influencing their practical reasoning in one of two ways: either rationally, by generating a belief that behavior in those circumstances is required by that norm, or sub-rationally, by structuring the agent's practical reasoning, without the agent being aware of it, in such a way that ensures the formation of intentions to act in a manner required by the norm. This second form of norm guidance, which I call 'passive norm guidance', provides grounds for the claim that property norms can exist and function independently of recognition by the law. I go on to show how the independent existence of property norms can support a robust natural law account of property rights according to which property rights exist independent of recognition by the law. The dissertation ends by show how this account, while radical, is also consistent with the dominant Twentieth Century analytic jurisprudence accounts of property. (shrink)

Nicholas Oresme's mid-fourteenth-century treatise De moneta falls outside the conventional genres of late medieval scholastic writing: it is neither a commentary, a summa, nor a publicistic tract. Historians of political thought have largely shunned the work. Instead, De moneta has primarily been the object of attention among historians of economic thought. Despite the fact that De moneta certainly contains technical economic analysis of the nature of money in an Aristotelian mode, both the circumstances of its composition and the main lines (...) of its argument suggest that it deserves treatment as a profoundly political work. Oresme's intention is clearly to advise his countrymen in a pragmatic fashion about a matter of public policy. His specialized economic analysis is merely a propedeutic to his main point. In this sense, the political theory contained in De moneta merits serious attention as an attempt to bring economic concerns to bear on the duties of rulers and the needs of their subjects. (shrink)

This book offers a sustained critique of the computational theory of mind that deserves the attention of those interested in the presuppositions and implications of computational psychology. Horst begins by laying out the theory, reconstructing its perceived role in vindicating intentional psychology, and recounting earlier critiques on which he builds. Part 2, the heart of the book, analyzes a notion central to CTM—that of a symbol—arguing that symbols are conventional. In Part 3 Horst applies the results of this (...) analysis to CTM to diagnose a serious confusion in its account of semantic properties and the corresponding notion of mental representation. Part 4 offers an alternative perspective on computational psychology, suggesting a separation of the practice of computational psychology from the philosophical claims made by CTM. (shrink)

Partindo do pressuposto de que a teoria social elaborada por Habermas em muito se assemelha àquela construída por M. Weber, procedeu-se a um estudo comparativo com a intenção de identificar as formas pelas quais Weber e Habermas elaboraram o conceito de compreensão, ao mesmo tempo em que e o elegeram, cada um a seu modo, como instrumento metodológico adequado às dificuldades da produção de conhecimento científico nas Ciências Sociais. Tanto para Weber, como para Habermas, o conhecimento nas Ciências Sociais não (...) consegue escapar das influências diretas da subjetividade do cientista, como também não é capaz de se proteger das contingências histórico-culturais aos quais inevitavelmente toda ação humana está vinculada. Por isso, fundamentados em suas próprias razões, tanto Weber quanto Habermas apontam a compreensão como a forma possível de conhecimento, o que implica a renúncia às pretensões explicativas e à produção de teorias gerais de fundamentação última, que são típicas das ciências convencionais. Assuming that the social theory developed by Habermas is very similar to that constructed by M. Weber, this article performs a comparative study with the intention of identifying the ways in which Weber and Habermas built the concept of understanding. Both authors chose this concept, each in his own way, as a methodological tool appropriate to the difficulties of the production of scientific knowledge in the social sciences. As much for Weber as for Habermas, knowledge in the social sciences cannot escape the direct influences of the subjectivity of the scientist, as it also cannot protect itself from the historical and cultural contingencies to which every human action is inevitably linked. Therefore, based on their own reasons, both Weber and Habermas point to understanding as the possible form of knowledge, which implies the renunciation of the explanatory pretensions and general theories of ultimate foundations typical of the conventional sciences. (shrink)

This paper argues that the types of intention can be modeled both as modal operators and via a multi-hyperintensional semantics. I delineate the semantic profiles of the types of intention, and provide a precise account of how the types of intention are unified in virtue of both their operations in a single, encompassing, epistemic space, and their role in practical reasoning. I endeavor to provide reasons adducing against the proposal that the types of intention are reducible (...) to the mental states of belief and desire, where the former state is codified by subjective probability measures and the latter is codified by a utility function. I argue, instead, that each of the types of intention -- i.e., intention-in-action, intention-as-explanation, and intention-for-the-future -- has as its aim the value of an outcome of the agent's action, as derived by her partial beliefs and assignments of utility, and as codified by the value of expected utility in evidential decision theory. (shrink)