We hardly ever mean exactly what we say. I don’t mean that we generally speak figuratively or that we’re generally insincere. Rather, I mean that we generally speak loosely, omitting words that could have made what we meant more explicit and letting our audience fill in the gaps. Language works far more efficiently when we do that. Literalism can have its virtues, as when we’re drawing up a contract, programming a computer, or writing a philosophy paper, but we generally opt (...) for efficiency over explicitness. In.. (shrink)

Qualifications with 'as' or 'qua' are widely used in philosophy, yet how precisely such qualifications work is poorly understood. While extant work on the topic is rife with revisionary assumptions about the nature of individuals, truth, and identity, this article shows that no baroque theory is required to account for such qualifications. I develop and defend a simple theory on which qua-qualifications ascribe relational properties to individuals, and show that the proposal affords a clear metaphysical analysis (...) of the puzzle cases of interest. Moreover, the theory makes adequate predictions about the linguistic behaviour of qua-qualifications and helps us think more clearly about their logic. Since this is more than any extant competing theory can claim, the proposal offers the best account of qua-qualification to date. (shrink)

The article analyzes one of the fundamental rights – the right to maintenance, which proper implementation ensures normal development of the child. This right matches with the duty of parents to maintain their minor children. Paragraph 6 of Article 38 of the Constitution of the Republic of Lithuania states that parents have a duty to educate their children to be honest people and loyal citizens, supporting them until adulthood. The obligation to maintain children is established in the first 3.192 Article (...) paragraph of the Civil Code of the Republic of Lithuania, and the responsibility for avoiding to maintain a child is provided in Article 164 of the Criminal Code. The article discusses the fact that the analysis of criminal law rate is not precise enough. Article 164 of the Criminal Code does not match with the child maintenance methods specified in the CC Article 3.196 paragraph 1. Since criminal liability is only for judgment in default in civil cases, a person shall only be liable for breaking the right to maintain a child, provided in the CC 3.196 paragraph 1. This article deeply analyzes the problematic qualification aspects of the avoidance to maintain a child. Some alternative ways of child maintenance are mentioned, as can be chosen from other law instruments (bailiffs, Guarantee child support fund) and it leads to the ultima ratio principle. On the other hand, it is not required to seek alternative remedies for affected interests, and it is possible to initiate a pre-trial investigation. Therefore, this article seeks to identify specific civil and criminal law rules delimitation. Avoidance of child maintenance is an ongoing crime. The main problem in legal practice is to determine an end of this ongoing criminal conduct. The practice of the Supreme Court of Lithuania is not unanimous. In some cases, the end of this ongoing conduct is considered to be a moment when the past judgment has entered into force, in other cases – the moment of indictment. These positions are criticized by many authors and it is suggested to follow the Supreme Court’s practice, according to which the moment when a judgment of conviction for the criminal act is passed should be considered as an end of an ongoing criminal conduct. (shrink)

The fallacy of ignoring qualifications, or secundum quid et simpliciter, is a deceptive strategy that is pervasive in argumentative dialogues, discourses, and discussions. It consists in misrepresenting an utterance so that its meaning is broadened, narrowed, or simply modified to pursue different goals, such as drawing a specific conclusion, attacking the interlocutor, or generating humorous reactions. The “secundum quid” was described by Aristotle as an interpretative manipulative strategy, based on the contrast between the “proper” sense of a statement and (...) its meaning taken absolutely or in a certain respect. However, how can an “unqualified” statement have a proper meaning different from the qualified one, and vice versa? This “linguistic” fallacy brings to light a complex relationship between pragmatics, argumentation, and interpretation. The secundum quid is described in this paper as a manipulative argument, whose deceptive effect lies in its pragmatic dimension. This fallacy is analyzed as a strategy of decontextualization lying at the interface between pragmatics and argumentation and consisting of the unwarranted passage from an ut-terance to its semantic representation. By ignoring the available evidence and the presumptive interpretation of a statement, the speaker places it in a different context or suppresses textual and contextual evidence to infer a specific meaning different from the presumable one. (shrink)

Qualifiers such as “insofar as” and “in itself” have always been important ingredients in key philosophical claims. Descartes, for instance, famously argues that insofar as he is a thinker, he is not made of matter, and Kant equally famously argues that we cannot know things in themselves. Neither of these claims is meant to be true without qualification. Descartes is not simply denying that humans consist of matter, and Kant is not simply denying that we know things. Therefore, we cannot (...) even begin to understand such claims without knowing how qualifiers work. Unlike the logic of quantification, however, the logic of qualification is rather underexplored. In this paper, I examine several instances of philosophical uses of qualifiers, taken from Aristotle, Avicenna, Descartes, Kant, and 20th c. action theory. In the light of these examples, I discuss several accounts of how such qualifiers work. (shrink)

In this paper I will consider several interpretations of the fallacy of secundum quid as it is given by Aristotle in the Sophistical Refutations and argue that they do not work, one reason for which is that they all imply that the fallacy depends on language and thus fail to explain why Aristotle lists this fallacy among the fallacies not depending on language, amounting often to a claim that Aristotle miscategorises this fallacy. I will argue for a reading that preserves (...) Aristotle’s categorization by a quite different account of how qualifications function. (shrink)

This work analyses the speech-act of arguing as proposed by Linguistic Normative Model of Argumentation (LNMA) with the help of diagrams, examples and basic formalization techniques. The focus is set on one of the most novel issues of LNMA, modal qualification, and the distinction between epistemic and ontological modals. The first conclusion is that employing LNMA in order to analyse and evaluate actual argumentation as it is proposed is too complex to be applied as is. The second conclusion, at a (...) theoretical level, is that the distinction between ontological and epistemic modals is highly problematic in LNMA. (shrink)

Michel Senellart partant de la lecture de Vattel (1714-1767) pose la question de l’« Étatisation de la guerre » et de la « qualification de l’ennemi », centrales pour réfléchir sur l’humanisation de la guerre fondée moins sur la définition du type de guerre que sur celle de ceux contre qui on se bat, ce qui permet le maintien d’un lien entre jus in bello et jus ad bellum. Les lectures divergentes de Vattel faites par Schmitt et par Bluntschli conduisent (...) à poser le problème de la place des États dans les lois de la guerre, le second défendant la création d’une législation supranationale, au nom d’une logique de paix et de respect du droit des gens, alors que le second considère une telle instance supra étatique comme un des facteurs de « barbarisation » de la guerre car elle criminalise l’ennemi et brouille la distinction traditionnelle entre « ennemi » et « brigand ». M. Senellart conclut son intervention en posant que la vraie distinction n’est peut-être pas celle qui différencie normativisme (Bluntschli) et décisionnisme (Schmitt) mais celle qui oppose conception républicaine (reconnaissant une légitimité au peuple en armes) et conception étatiste, d’où une distinction possible entre ennemi actif et ennemi passif. (shrink)

In 2011 there are 76 countries of the world still criminalising same-sex sexual acts between consenting adults. In seven of those countries homosexual acts are punishable with death penalty (i.e., Mauritania, Sudan, the northern states of Nigeria, the southern parts of Somalia, Iran, Saudi Arabia, Yemen). Homophobic (transphobic) attitudes are also frequent in many societies. However, the LGBT asylum seekers are frequently left outside the refugee definition due to many refugee qualification problems in LGBT cases. Therefore, in this article the (...) author aims to describe the main refugee qualification problems in LGBT asylum cases (i.e., criminalisation; state protection against non-state persecution; concealment of sexual or gender identity; internal protection) and propose their solutions. Council Directive 2004/83/EC of 29 April 2004 has several important provisions including LGBT asylum seekers into otherwise gender-neutral refugee definition. Today these provisions need to be correctly interpreted and transposed into practice of the Member States. (shrink)

Given the extremely tight job market for professional philosophers, more Ph.Ds. are beginning to consider jobs at the community college level. There are good reasons for considering this avenue: if you enjoy teaching, the job focus is on teaching, and you evaluation and tenure depend primarily on your performance in the classroom; if the prospect of working with a very diverse student body, both in terms of background and skill set, appeals to you; if the location in which you live (...) is large part of job satisfaction, there is a far greater ability to get a job in an urban area via the community college track. However, to get a job at a community college, one thing is prized above all: teaching experience. Yet this is where the newly minted graduate student may well be at a disadvantage in the community college hiring process. In this article I seek to address the issue of how to become a strong candidate for a community college position right out of graduate school. (shrink)

The article examines the problem of compensation for the value of lost opportunity at the pre-contractual stage. It has been determined that such measure of recovery depends on the nature of pre-contractual liability. However, although the Supreme Court of Lithuania recognizes the possibility for the aggrieved party of pre-contractual negotiations to recover the value of lost opportunity, the motivation of the Supreme Court’s decisions is too incoherent. Moreover, Lithuanian courts have not yet adopted any methods of awarding and calculation of (...) the damages. The conclusion of the analysis is that in cases of breach of the general obligation of good faith in pre-contractual negotiations, the Supreme Court of Lithuania allows the recovery of lost opportunity, i.e. awards delictual damages. The same motivation applies even in certain cases where there is a possibility of broadening the scope of pre-contractual liability by applying contractual damages. (shrink)

This paper describes the characteristics of people who return to learning to achieve at least a level 2 qualification, drawing on the 1958 National Child Development Cohort Study. Results show that adults who gained level 2 were more likely than those who did not to have been engaged in a range of learning activities at earlier ages, including learning during childhood, staying in education during adolescence and undertaking courses leading and not leading to qualifications during adulthood. The factor that (...) has the highest impact on progression by age 33 and by age 42 is early school attainment. This means that for individuals who do well at school there is a greater chance of achievement of qualifications during adulthood, even when this qualification is not achieved by age 23. We further find that socioeconomic constraints in adulthood may be less of a barrier to progression than is often believed. Taking together, these findings suggest that the main focus should be on paying particular attention to attitudinal barriers to learning, rather than just being concerned with removing economic and social constraints. (shrink)

This paper investigates how ethics is incorporated in the qualification process for prospective professional accountants across Australia and New Zealand. It does so by examining the structure of these qualification processes and by analysing the learning objectives and summarised content for ethics courses that prospective accountants take either at university or through the post-degree programs provided by CPA Australia and Chartered Accountants Australia and New Zealand. We do this to understand how the ‘sandwich’ approach to teaching ethics :77–92, 1993) is (...) implemented. This approach advocates a standalone ethics course, followed by ethical cases that are integrated across accounting courses, and subsequently a capstone course that combines ethics and professionalism. We test the extent to which this approach is adopted and examine how its application relates to the components of moral behaviour. The results provide three significant contributions. The first is that the ‘sandwich’ approach is not in place for most prospective accountants as only a minority of programs include a mandatory course with a substantial ethics component, and this is more likely in undergraduate rather than postgraduate programs. The second contribution is that although moral sensitivity and moral judgement are widely considered, little attention is given to issues of moral motivation and moral character. We suggest that change is unlikely without explicit ethical education requirements from the professional accounting bodies. The paper also makes a final contribution by proposing a more nuanced typology characterising the degree to which ethics is incorporated in particular courses. (shrink)

Complexity in our universe, Herbert Simon once noted, generally takes a hierarchical, nearly decomposable form. If our purpose as biologists is to "carve Nature at the joints," then the quantitative biologist's pattern questions must embody some tentative claim of where the explanatory joints are—only after meaningful qualifications can notions of variance and covariance make sense. In morphometrics, specimens and variables alike can be "carved at the joints," with a correspondingly great gain in explanatory power in both versions. Simon's advice (...) is that the competent biologist's measurements should lie entirely within a single organismal component or else deal entirely with one of the joints. In either context, our best contemporary rhetorics of explanation in biology may resemble morphometrics in their frank combination of carefully supervised parallel quantifications that, taken together, result in new qualifications, leading in turn to new quantifications, and so on. In short, the relation between qualitative and quantitative in the organismal biological sciences is not an opposition but a complementarity, and the modern biometrical statistics of organismal form may be a particularly apposite praxis for exploring it. (shrink)

(1984). The Importance of Educational Qualifications to Employers in the Selection of School Leaver Recruits. Educational Studies: Vol. 10, No. 2, pp. 93-102.

This paper describes the characteristics of people who return to learning to achieve at least a level 2 qualification, drawing on the 1958 National Child Development Cohort Study. Results show that adults who gained level 2 were more likely than those who did not to have been engaged in a range of learning activities at earlier ages, including learning during childhood, staying in education during adolescence and undertaking courses leading and not leading to qualifications during adulthood. The factor that (...) has the highest impact on progression by age 33 and by age 42 is early school attainment. This means that for individuals who do well at school there is a greater chance of achievement of qualifications during adulthood, even when this qualification is not achieved by age 23. We further find that socioeconomic constraints in adulthood may be less of a barrier to progression than is often believed. Taking together, these findings suggest that the main focus should be on paying particular attention to attitudinal barriers to learning, rather than just being concerned with removing economic and social constraints. (shrink)

I give an analysis of the logical structure of statements describing duties in social roles. Role terms like ‘doctor’ should not be treated as simple predicates, as natural kind terms, like ‘human being’, are. When role terms are treated as simple predicates, fallacies may result. Rather, treat role terms (M) as complex predicates with a simple subject, a person (S), as a base; ‘S qua M’, and then analyze their reduplicative structure. I illustrate and support this analysis by considering sophisms, (...) traditionally known as committing the fallacy of secundum quid et simpliciter, about conflicts of duties in different roles. I end with some remarks about personal integrity. (shrink)

"On Reduplication is a study of the logical properties of reduplicative propositions, that is, of propositions having qualifications, like 'Christ "qua God is a ...

Sous quelles conditions se réalise l'ajustement entre l'offre et la demande lorsque le marché bouleverse le jeu des intermédiaires qui s'y consacrent? L'article étudie les dispositifs mis en place sur Internet par la plate-forme d'intermédiation eBay; il met en évidence la centralité du processus de qualification qui définit l'objet matériel, ses parties prenantes et les conditions de l'échange. Il s'articule dans un dispositif sophistiqué et complexe qui permet à la fois au jeu de l'offre et de la demande de s'exercer (...) et à l'intermédiaire de s'abstraire de la transaction.Under what conditions is carried adjustment between supply and demand when the market upsets the game intermediaries engaged in it? The article examines the mechanisms put in place by the Internet platform intermediation eBay it highlights the centrality of the qualification process which defines the material object, its stakeholders and the terms of trade. It is built in a sophisticated and complex that allows both of supply and demand and to practice through to abstract from the transaction. (shrink)

Today, a rapidly spreading drug addiction is one of the most relevant problems in Lithuania. It is possible to state without reservation that it has become a threatening social phenomenon. Drug addiction is considered to be one of the national threats. Trafficking in narcotic and psychotropic substances is being conducted on an international level, destroying states’ economic and political welfare. The use of these substances has a negative impact on human mental and physical health, ruins human personality and produces other (...) negative effects. In the article bodies of criminal acts, namely, an object, a subject, an act, an entity, guilt and a purpose, set forth in Articles 259, 260 of the Criminal Code of the Republic of Lithuania, are analysed. (shrink)

I give an analysis of the logical structure of statements describing duties in social roles. Role terms like ‘doctor’ should not be treated as simple predicates, as natural kind terms, like ‘human being’, are. When role terms are treated as simple predicates, fallacies may result. Rather, treat role terms (M) as complex predicates with a simple subject, a person (S), as a base; ‘S qua M’, and then analyze their reduplicative structure. I illustrate and support this analysis by considering sophisms, (...) traditionally known as committing the fallacy of secundum quid et simpliciter, about conflicts of duties in different roles. I end with some remarks about personal integrity. (shrink)

Claiming the legacy of revolutionary of 1789, the Republicans organise at the end of nineteenth century the French school in its modern form and developpe a philosophy that is “fondationnaire” placing educational institution as foundation of the nation. The idea of the emancipation of the people by rational instruction without neglecting the moral and civic education is well located in the heart of the French school project and aims abstract rational subjects, despite their unique characteristics and affiliations. The phrase “the (...) Republic will be educator or she will not! “claim this fundamentally political intent stay up until the Second World War. After this period, the school system begin to be invested by the economy; during the period of the welfare state, an original synthesis seems to occur between “republican meritocracy, [...] social equality mass... [the] concern individualistic “(Gauchet, 2002), the rising concerns of the economy and employment, making the question of the qualifications of a concern more central. This delicate balance then seems to break during the Twenty pitiful’s years, then the school is characterized by a multiplicating of its missions, the lost of landmarks and the difficulty to make sense. The actual siginification of the scholar system will be questioned regarding to economic and anthropological influence of neo-liberalism, the requirement for long life education and its consequences, and also the education-socialization-qualification relations. (shrink)

Open peer commentary on the article “A Cybernetic Computational Model for Learning and Skill Acquisition” by Bernard Scott & Abhinav Bansal. Upshot: The paper is an admirable example of first-order cybernetics. It does not appear to be developed as part of the constructivist paradigm and of second-order cybernetics. It neglects research as the context that generates problems of observation.