Both context relativists and circumstance-of-evaluation relativists agree that the traditional semantic interpretation of some sentence-types fails to deliver the adequate truth-conditions for the corresponding tokens. But while the context relativists argue that the truth-conditions of each token depend on its context of utterance—each token being thus associated with a distinct intension—circumstance-of-evaluation relativists preserve a unique intension for all the tokens by placing circumstances of evaluations under the influence of a certain ‘point of view’. The main difference between (...) the two approaches is that only the former can operate locally. It is shown that, for this reason, circumstance-of-evaluation relativism makes erroneous semantic predictions about (relative) gradable adjectives. (shrink)

The rise of the sitar from a limited accompaniment instrument used in the regional courts of Northern India to an internationally recognized cultural icon underscores its importance both as an instrument and a cultural symbol—the sitar mirrors India’s social complexity. This story encapsulates the social, political and economic trauma resulting from the dismantling of Mughal empire to the partition of Pakistan, reflecting contesting social narratives and Hindu/Muslim cultural heritages through the distinctive musical styles modern India. A musical instrument and material (...) object of contested origins, the sitar extends from wood, gourd, wire, and ivory into complex social and cultural networks. I argue that the sitar, as object, cannot be reduced to either an empirical or phenomenological entity; it is a space of potentiality, the actualization of a virtual object. I examine the sitar as both byproduct and narrative, demonstrating how it defies attempts to limit its constantly rupturing borders with imposed cognitive frames, and how materiality and philosophical systems can inform ethnographic practice. (shrink)

Veganic agriculture, often described as farming that is free of synthetic and animal-based inputs, represents an alternative to chemical-based industrial agriculture and the prevailing alternative, organic agriculture, respectively. Despite the promise of veganic methods in diverse realms such as food safety, environmental sustainability, and animal liberation, it has a small literature base. This article draws primarily on interviews conducted in 2018 with 25 veganic farmers from 19 farms in the United States to establish some baseline empirical research on this farming (...) community. Its qualitative perspectives illuminate farmer perceptions of and experiences with veganic growing, including definitions, knowledge acquisition, values, and challenges. Results highlight a lack of agreement about the meaning of veganic agriculture in terms of allowable inputs and scope. Participants have drawn on a wide array of veganic and non-veganic resources to ascend their veganic production learning curves, also relying on experimentation and trial-and-error. Their farming is motivated by a diversity of real and perceived benefits, most notably consistency with veganism, food safety advantages, and plant and soil health benefits. Veganic product sourcing and the dearth of veganic agriculture-specific resources present considerable challenges to farmers. The article briefly discusses possibilities for developing veganic agriculture in the United States, such as through a US-based certification system and farmers’ associations, based on considerations of the trajectory of the US organic farming movement and veganic developments in Europe. Finally, the article suggests the importance of expanded research into soil health and fertility in plant-based systems to support practicing and potential veganic farmers. (shrink)

It is argued that the distinction between the normative and the descriptive interpretation of norm sentences can be regarded as a distinction between two kinds of utterances. A norm or a directive has as its content a normative proposition. A normative utterance of a normative proposition in appropriate circumstances makes the proposition true, and an assertive utterance has as its truth-maker the norm system to which it refers. This account of norms, norm-contents, and utterances of norm sentences solves (...) Jørgensen’s problem: logical relations among norms can be defined in the usual way in terms of the truth-conditions of the normative propositions which form their content. There is no distinction between the logic of norms and the logic of normative propositions; in this respect the present account differs from Carlos Alchourrón and Eugenio Bulygin’s account of the logic of normative propositions. (shrink)

It is argued that the distinction between the normative and the descriptive interpretation of norm sentences can be regarded as a distinction between two kinds of utterances. A norm or a directive has as its content a normative proposition. A normative utterance of a normative proposition in appropriate circumstances makes the proposition true, and an assertive utterance has as its truth-maker the norm system to which it refers. This account of norms, norm-contents, and utterances of norm sentences solves (...) Jørgensen's problem: logical relations among norms can be defined in the usual way in terms of the truth-conditions of the normative propositions which form their content. There is no distinction between the logic of norms and the logic of normative propositions; in this respect the present account differs from Carlos Alchourrón and Eugenio Bulygin's account of the logic of normative propositions. Se argumenta que la distinción entre la interpretación normativa y la descriptiva de las oraciones normativas puede ser considerada como una distinción entre dos tipos de emisiones. Una norma o directiva tiene como su contenido una proposición normativa. Una emisión normativa de una proposición normativa en circunstancias apropiadas hace verdadera la proposición y es el sistema de normas al que se refiere una emisión asertiva el que la hace verdadera. Esta concepción de normas, contenidos de normas y emisiones de oraciones normativas resuelve el problema de Jörgensen: las relaciones lógicas entre normas pueden ser definidas de manera usual en términos de las condiciones de verdad de las proposiciones normativas que forman su contenido. No hay diferencia alguna entre la lógica de normas y la lógica de proposiciones normativas; en este aspecto la presente concepción difiere de la concepción de la lógica de proposiciones normativas de Carlos Alchourrón y Eugenio Bulygin. (shrink)

Most donated organs in the United States come from brain dead donors, while a small percentage come from patients who die in “controlled,” or expected, circumstances, typically after the family or surrogate makes a decision to withdraw life support. The number of organs available for transplant could be substantially if donations were permitted in “uncontrolled” circumstances–that is, from people who die unexpectedly, often outside the hospital. According to projections from the Institute of Medicine, establishing programs permitting “uncontrolled donation after circulatory (...) determination of death,” or uDCDD, throughout the United States has the potential to provide 22,000 more donation opportunities annually. In contrast, U.S. controlled donation after circulatory determination of death, or cDCDD, cases have increased progressively over the past decade from 87 to 848 donors, but currently account for only 10.6 percent of all deceased donors. Following the IOM recommendations, several projects exploring the feasibility of uDCDD were funded by the federal government, including a grant from the Health Resources and Services Administration that supported a pilot project in New York City in which the authors of this article participated.A key feature of our protocol, and indeed of many uDCDD protocols, is the initiation of preservation methods such as chest compressions and extracorporeal membrane oxygenation shortly after death in order to perfuse and preserve the donor's organs. Critics of uDCDD argue that the means of determining death deviates from generally ascribed principles. They assert that reinstituting circulation in order to preserve organs has the effect of “undoing” the prior determination of death. The result is that cDCDD is widely accepted and practiced routinely even though it only marginally increases the number of organs available for transplantation, and uDCDD is widely considered unacceptable despite being ethically embraced and proven to significantly increase organ donation opportunities in other countries. This article explores the evolution of this counterintuitive state of affairs and calls for a policy that, in line with the IOM report, allows for both cDCDD and uDCDD protocols. (shrink)

A sentence is never not in a context. We are never not in a situation. A statute is never not read in the light on some purpose. A set of interpretative assumptions is always in force. A sentence that seems to need no interpretation is already the product of one...No sentence is ever apprehended independently of some or other illocutionary force. Illocutionary force is the key term in speech-act theory. It refers to the way an utterance is taken—as an (...) order, a warning, a promise, a proposal, a request, etc.—and the theory's strongest assertion is that no utterance is ever taken purely, that is, without already having been understood as the performance of some illocutionary act. Consider, as an example, the sentence "I will go." Depending on the context in which it is uttered, "I will go" can be understood as a promise, a threat, a warning, a report, a prediction, etc., but it will always be understood as one of these, and it will never be an unsituated kernel of pure semantic value. In other words, "I will go" does not have a basic or primary meaning which is then put to various illocutionary uses; rather, "I will go" is known only in its illocutionary lives, and in each of them its meaning will be different. Moreover, if the meaning of a sentence is a function of its illocutionary force , and if illocutionary force varies with the circumstances, then illocutionary force is not a property of sentences, but of situations. That is, while a sentence will always have an illocutionary force , the illocutionary force it has will not always be the same. Stanley E. Fish is the author of, among many other works, Is There a Text in This Class? Interpretative Authority in the Classroom and in Literary Criticism, and The Living Temple: George Herbert and Catechizing. His contributions to Critical Inquiry include "Facts and Fictions: A Reply to Ralph Rader" , "Interpreting the Variorum" , "Interpreting 'Interpreting the Variorum'" , "A Reply to John Reichert; or, How to Stop Worrying and Learn to Love Interpretation" , and "One More Time". (shrink)

According to Frege, neither demonstratives nor indexicals are singular terms; only a demonstrative together with ‘circumstances accompanying its utterance’ has sense and singular reference. While this view seems defensible for demonstratives, where demonstrations serve as non-verbal signs, indexicals, especially pure indexicals like ‘I’, ‘here’, and ‘now’, seem not to be in need of completion by circumstances of utterance. In this paper I argue on the basis of independent reasons that indexicals are in fact in need of completion; I (...) identify the completers as uses of circumstances of utterance by the speaker; and I show how these uses together with the utterance of indexical sentences express thoughts. The starting point of the paper is a criticism of Kripke’s and Künne’s alternative treatment of indexicals in Frege’s framework. (shrink)

Does the English demonstrative pronoun 'that' (including complex demonstratives of the form 'that F') have sense and reference? Unlike many other philosophers of language, Frege answers with a resounding 'No'. He held that the bearer of sense and reference is a so-called 'hybrid proper name' (Künne) that contains the demonstrative pronoun and specific circumstances of utterance such as glances and acts of pointing. In this paper I provide arguments for the thesis that demonstratives are hybrid proper names. After outlining (...) why Frege held the hybrid proper name view, I will defend it against recent criticism, and argue that it is superior to views that take demonstrative pronouns to be the bearer of semantic properties. (shrink)

The social sciences playa variety of multifaceted roles in the policymaking process. So varied are these roles, indeed, that it is futile to talk in the singular about the use of social science in policymaking, as if there were one constant relationship between two fixed and stable entities. Instead, to address this issue sensibly one must talk in the plural about uses of dif ferent modes of social scientific inquiry for different kinds of policies under various circumstances. In some cases, (...) the influence of social scientific research is direct and tangible, and the connection between the find ings and the policy is easy to see. In other cases, perhaps most, its influence is indirect-one small piece in a larger mosaic of politics, bargaining, and compromise. Occasionally the findings of social scientific studies are explicitly drawn upon by policymakers in the formation, implementation, or evaluation of particular policies. More often, the categories and theoretical models of social science provide a general background orientation within which policymakers concep tualize problems and frame policy options. At times, the in fluence of social scientific work is cognitive and informational in nature; in other instances, policymakers use social science primarily for symbolic and political purposes in order to le gitimate preestablished goals and strategies. Nonetheless, amid this diversity and variety, troubling general questions persistently arise. (shrink)

The main aim of the thesis is to give a semantic account of implicit content – the kind of content that plays a crucial role in implicit communication. Implicit communication is a species of communication in which a speaker communicates certain contents that go over and above the contents retrievable from the linguistic meaning of the words used. The focus of the thesis is a certain kind of implicit communication involving locations (when sentences such as “It is raining” are used (...) to communicate that it is raining at a certain location) and judges (when sentences such as “Avocado is tasty” are used to communicate that avocado is tasty for a certain person, called “the judge”). The way the topic of implicit content is approached is via the notion, widespread in contemporary philosophy of language, of “unarticulated constituents”. The thesis contains an investigation of this notion, with the specific aim of disentangling the many senses it has been used and of providing a general definition of the notion. A direct product of this investigation is a partitioning of the logical space; three positions are then selected, which correspond to the main contenders in the current debate involving unarticulated constituents: truth-conditional semantics, truth-conditional pragmatics and relativism. The biggest part of the thesis is dedicated to investigating certain arguments that have surfaced in the debate between these positions, with the ultimate goal of proposing a relativist account of implicit content. The particular version of relativism offered consists in the combination of the claim that locations and judges are part of the circumstances of evaluation, rather than the content of utterances, with “the variadic functions approach” to certain natural language expressions. Also, several arguments against a truth-conditional semantic approach to predicates of personal taste are provided. (shrink)

Few aspects of American military history have been as vigorously debated as Harry Truman's decision to use atomic bombs against Japan. In this carefully crafted volume, Michael Kort describes the wartime circumstances and thinking that form the context for the decision to use these weapons, surveys the major debates related to that decision, and provides a comprehensive collection of key primary source documents that illuminate the behavior of the United States and Japan during the closing days of World War II. (...) Kort opens with a summary of the debate over Hiroshima as it has evolved since 1945. He then provides a historical overview of thye events in question, beginning with the decision and program to build the atomic bomb. Detailing the sequence of events leading to Japan's surrender, he revisits the decisive battles of the Pacific War and the motivations of American and Japanese leaders. Finally, Kort examines ten key issues in the discussion of Hiroshima and guides readers to relevant primary source documents, scholarly books, and articles. (shrink)

The central role played by Darwin's analogy between selection under domestication and that under nature has been adequately appreciated, but I have indicated how important the domesticated organisms also were to other elements of Darwin's theory of evolution-his recognition of “the constant principle of change,” for instance, of the imperfection of adaptation, and of the extent of variation in nature. The further development of his theory and its presentation to the public likewise hinged on frequent reference to domesticates.We have seen (...) that Darwin's reliance on the analogy between domesticated varieties and wild species was a bold and original step, in light of contemporary views on the nature of domesticates. However, as Darwin undoubtedly foresaw, his reliance on the analogy created difficulties as well as solving problems, and these began with his Malthusian codiscoverer of the principle of natural selection, Alfred Russel Wallace. Wallace's paper “On the Tendency of Varieties to Depart Indefinitely from the Original Type,” presented to the Linnean Scoiety along with the first public unveiling of Darwin's theory, states: We see, then, that no inferences as to varieties in a state of nature can be deduced from the observation of those occurring among domestic animals. The two are so much opposed to each other in every circumstance of their existence, that what applies to the one is almost sure not to apply to the other. Domestic animals are abnormal, irregular, artificial; they are subject to varieties which never occur and never can occur in a state of nature.62Much has been made of the similarity of views of Darwin and Wallace, but this quotation surely reveals how utterly different their views were on what to Darwin was an important matter. Several critics of the Origin saw Darwin's reliance on the domesticates as his Achilles heel. As Young has pointed out, Samuel Wilberforce included the following passage in his attack on the Origin: Nor must we pass over unnoticed the transference of the argument from the domesticated to the untamed animals. Assuming that man as the selector can do much in a limited time, Mr. Darwin argues that Nature, a more powerful, a more continuous power, working over vastly extended ranges of time, can do more. But why should Nature, so uniform and persistent in all her operations, tend in this instance to change? Why should she become a selector of varieties?63Another critic, Fleeming Jenkin, found the analogy a weakness in Darwin's theory because of the limited extent of variation in any one direction in domestic animals and plants.64 We have already seen that Darwin had confided a similar view to his notebook thirty years earlier, but changed his mind as a result of his profound study of domesticates. De Beer's reference to “an English country gentleman's knowledge of domestic plants and animals and their breeding”65 fails totally to recognize the originality and depth of Darwin's knowledge of domesticates.Why did Darwin, against the currents of his time, rely so heavily on mankind's experience with domesticated organisms to shape his theory about species in nature? On reason is that only with domesticates was an approach that came close to experimental verification possible. Darwin fully realized the inadequacies of the experiment, as is emphasized by his repeated contrasting of selection under nature and selection by man. Yet the extensive experience and data of plant and animal breeders offered the only reliable base against which Darwin could continually challenge his views. As he wrote in the introduction to Variation, with domestication, “man ... may be said to have been trying an experiment on a gigantic scale.”66 Given Darwin's high opinion of the quantitative work of Malthus and Quetelet (as emphasized by Schweber),67 and his unremitting efforts to secure data by which to test his theories, it was inevitable that he should attach high significance to domesticated varieties. John Tyndall, in his Belfast address of 1874, said: “The strength of the doctrine of Evolution consists, not in experimental demonstration (for the subject is hardly accessible to this mode of proof), but in its general harmony with scientific thought.”68 Darwin would have agreed with the latter thought, but I think he would have challenged the preceding one on the grounds that long experience with domesticated varieties did provide an element of experimental demonstration. It gave him confidence in his theory, and he used his vast knowledge of artificial selection boldly and creatively. (shrink)

This article aims to show that Wittgenstein’s remarks on religious belief and religious statements can be understood in modest philosophical terms, consistent with the thought that they are neither intended as serving to justify or undermine religious beliefs, nor as the expression of any theorizing about the nature of religious belief or the meaning of religious language. Instead, their philosophical significance is held to consist in their functioning to remind us of what we already know about the latter: such things (...) as in what circumstances one utters religious statements, what the consequences of accepting or rejecting religious beliefs are, and so on. His position is that all attempts to say something more than this are either a mark of philosophical arrogance or a manifestation of one’s own personal commitment to adopting a stance of religious belief or non-belief. As such, they do not furnish us with genuine philosophical insights. I argue that such an interpretation possess two principal merits. Firstly, it demonstrates that there is no tension between Wittgenstein’s remarks on the nature of philosophy and his remarks on religious belief and religious statements. Secondly, it shows that it is possible to philosophize about religion in a manner that does not assume that this has to consist either in presenting an apology for or critique of religion or in formulating philosophical theories regarding the nature of religious belief and the meaning of religious language. (shrink)

Some key political challenges today, e.g. climate change, are future oriented. The intergenerational setting differs in some notable ways from the intragenerational one, creating obstacles to theorizing about intergenerational justice. One concern is that as the circumstances of justice do not pertain intergenerationally, intergenerational justice is not meaningful. In this paper, I scrutinize this worry by analysing the presentations of the doctrine of the circumstances of justice by David Hume and John Rawls. I argue that we should accept the upshot (...) of their idea, that justice is context sensitive, even if this at first sight seems to invalidate intergenerational justice. On the basis of moral constructivism, I subsequently provide a fresh reading of the doctrine according to which it conveys the idea that justice is the solution to a practical problem. However, as the problem background is evolving, we need to properly characterize the relevant practical problem in order to make ethical theorizing relevant. Contrary to what has been claimed, the circumstances of justice do not then clash with intergenerational justice, but are the necessary presuppositions for its advancement. (shrink)

"One of the outstanding authorities on the early days of the Republic, Saul K. Padover offers in this volume a generous sampling of the letters, essays, speeches, discourses, and personal documents--many of them previously unpublished--of the men who made America. Included are extensive selections from the papers and speeches of John Adams, Benjamin Franklin, Alexander Hamilton, Thomas Jefferson, James Madison, and George Washington. There are also copious extracts from the private and public utterances of secondary, but important, figures of the (...) founding days--Samuel Adams, Elbridge Gerry, Patrick Henry, John Dickinson, Oliver Ellsworth, William Paterson, Benjamin Rush, George Wythe, and many others. A number of the speeches made at the Constitutional Convention in 1787 are given in full, and several of the important debates are reproduced. John Dickinson's Letters from an American Farmer in Pennsylvania appear in these pages as well as many of Alexander Hamilton's famous and brief opinions. Also included are John Hancock's speech on the Boston Massacre; Thomas Jefferson's Notes on Virginia; James Madison's Memorial against Religious Assessments; two of the most important of John Marshall's Supreme Court decisions (Marbury vs. Madison and McCulloch vs. Maryland); Robert Morris' Letters on Finance; John Taylor's paper On Aristocracy, and William Paterson's Plan for a Constitution. Taken together, these writings offer in one volume a complete picture of the thinking, the debate, the legal maneuvers, the compromises, the manners, and the morals of the American nation's earliest days. The book provides a sound basic appreciation of the atmosphere in which the Founding Fathers worked and planned and debated with one another. All the many counter-currents that contributed to the building of the Constitution, the stresses to which the young nation was subjected, the rebellion that continued to seethe, the moral climate of the days--these are all recreated in the speeches and writings of America's first patriots. Dr. Padover has bound the selections together with enlightening commentary that enables the reader to understand the exact circumstances of each utterance and brings the particular work into historical perspective."--Jacket. (shrink)

This paper begins with a problem stemming from Hume regarding credences about credences. Suppose one has a credence of .95 in p, and suppose one assesses the credence to be such. But suppose one’s second-order credence in this assessment is less than 1. Then, by a standard conditionalization rule, one’s credence in p becomes less than .95. Moreover, such “erosion” can iterate by considering one’s, third-, fourth-, fifth-order credences, etc. (In light of this, some have rejected higher-order credences; however, it (...) is argued that Lewis’ “Principal Principle” forbids this.) The paper then offers a partial solution by describing circumstances under which a person has reason to assign credence 1 to a first-order credence. The solution takes the form of a “transparency” view of self-knowledge from Parent (2017, chapter 8). Briefly, it is argued that when one “reflex-like” utters a sentence “The probability of p is n”, then as a matter of psychological law, the utterance is an expression of one’s own judgment. The Principal Principle then necessitates that one’s credence in p is n, assuming one is being rational. Thus, upon perceiving such an utterance, one can thereby have a reason to assign a second-order credence of 1. (shrink)

What I am calling New Age Relativism is usually proposed as a thesis about the truth-conditions of utterances, where an utterance is an actual historic voicing or inscription of a sentence of a certain type. Roughly, it is the view that, for certain discourses, whether an utterance is true depends not just on the context of its making—when, where, to whom, by whom, in what language, and so on—and the “circumstances of evaluation”—the state of the world in relevant (...) respects—but also on an additional parameter: a context of assessment. Vary the latter and the truth-value of the utterance can vary, even though the context of its making and the associated state of the world remain fixed. (shrink)

A recent argument suggests that proper names are persistently rigid designators. Invoking the Kaplanian distinction between a world of the context of utterance and a world of the circumstance of evaluation, the argument maintains that names have to designate something only in the former, but not in the latter, implying thus that the designated objects must exist only in the former world. This paper shows that names designate something in both kinds of world and are thus obstinately rigid. (...) This is achieved in three steps. First, the author argues that the contents of names must be available in possible worlds regardless of whether the named objects exist in them. Second, the author argues that these contents are expressed by English names in both kinds of world. Third, since Millianism suggests that names express contents by way of designating objects, the author argues that they have to designate something in both kinds of world. (shrink)

In this paper I will examine the relation between the theory of obligations and its use in sophismatic contexts through the lens of certain pragmatic concerns. In order to do this, I will take a sophism discussed by Peter of Mantua in his treatise on obligations as a case-study. I will first provide a brief outline of the structure of the treatise and then examine a concrete case that shows how the relationship between background assumptions (casus and context of (...) class='Hi'>utterance) and criteria of response seems to suggest a way to qualify the application of general rules (especially for irrelevant sentences) in certain limit-cases. By discussing Peter's presentation of the sophism, I will also argue for a connection between Peter of Mantua's text and Mesino de Codronchi's Questiones on the De Interpretatione. (shrink)

In this article, I analyze the circumstances of justice, that is, the background conditions that are necessary and sufficient for justice to exist between individual parties in society. Contemporary political philosophers almost unanimously accept an account of these circumstances attributed to David Hume. I argue that the conditions of this standard account are neither sufficient nor necessary conditions for justice. In particular, I contend that both a Hobbesian state of nature and a prisoner’s dilemma are cases in which the conditions (...) of the standard account obtain and yet no justice exists between parties. I propose an alternative set of generic circumstances of justice motivated by examples from game theory. Parties are in these generic circumstances with respect to each other when: (1) they are engaged in a conflictual coordination game with multiple strict Nash equilibrium points where, at any of these equilibria, some parties do not receive their greatest payoffs, and (2) they have common knowledge that each party is rational and follows her end of a strict equilibrium where no party receives her greatest payoff. These two conditions reflect the idea that justice requires all parties to make some sacrifices so that others can have more of the goods they need and want. I argue that these generic circumstances are necessary and sufficient conditions for parties to follow generic norms of justice, that is, mutually beneficial practices that require some sacrifices. Key Words: common knowledge • conflictual coordination • correlated equilibrium • moderate selfishness • moderate variable scarcity • rough equality. (shrink)

In this paper I expose and criticise the distinction between pure indexicals and demonstratives, held by David Kaplan and John Perry. I oppose the context of material production of the utterance to the “intended context” (the context of interpretation, i.e. the context the speaker indicates as semantically relevant): this opposition introduces an intentional feature into the interpretation of pure indexicals. As far as the indexical I is concerned, I maintain that we must distinguish between the material producer of the (...) utterance containing I and the “intended agent of the context” - i.e. the individual designated by the material producer as the responsible for the utterance. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 61.3 (2000) 361-379 [Access article in PDF] The Idea and the Reality of the City in the Thought of Philo of Alexandria * David T. Runia The theme of my paper is the conception of the city as a social and cultural phenomenon held by the Jewish exegete and philosopher Philo of Alexandria (15 bc to 50 ad). There can be no doubt (...) that the city occupied a central position in his own life. As an inhabitant of Alexandria he was thoroughly immersed in a highly urbanized form of life. From a more theoretical angle the city has an important place in his thought because of what it represents: of all physical products of human activity the city is the largest and most complex (here there is in fact little difference between Philo and us, although there is an obvious difference in scale). It is not my aim to examine Philo's political philosophy, i.e., his views on how the city should be governed, nor his views on the actual political administration of the Roman Empire in his time. These subjects have already been treated with sufficient competence by others. 1 I will argue that, though as an Alexandrian Philo was very much a homo urbanus, he nevertheless reveals a significant ambivalence towards the city. This attitude is related to his dual ideological background (Jewish and Greek), and anticipates developments in later antiquity.As always in the case of Philo, it is necessary to reflect on the methodology that should be used to reach our aim. True to his usual method, Philo nowhere examines the nature of the city in a sustained way. It is necessary to cull statements from many different places in his various works. For his views on living in the city of Alexandria we can examine his historical treatises. A more theoretical perspective is gained from his exegetical and philosophical works; but these, too, are not wholly devoid of topical remarks, such as the famous text in [End Page 361] which he complains that he has had to exchange the contemplative life for immersion in the maelstrom of Alexandrian political life (De specialibus legibus 3.1-6).In the analysis of the numerous texts in which Philo speaks of the city, it would be a mistake to try to compartmentalize his thought too much, i.e., to make a sharp distinction between historical-apologetic and exegetical-philosophical modes of thinking. It is true that Philo devotes the greatest part of his oeuvre to giving exegesis of the Law of Moses. But for him this is far from a merely antiquarian exercise. Philo is convinced of the universal relevance of the Pentateuch for both Jew and Gentile, including those who live in a complex urban environment utterly different from the circumstances of tent-dwelling Patriarchs or itinerant Israelites. The Law, it is assumed, represents the constitution of a Mosaic politeia deserving of universal admiration. So when Philo speaks of the city in his exegesis of Mosaic texts, his remarks may well be relevant to our theme. This applies also to allegorical forms of interpretation. The method of allegory enables him to bring forward the more theoretical and "philosophical" aspects of the theme.It remains a problem that our material consists of a large number of scattered and episodic remarks. These can be assembled together into the shape of a plausible and informative picture, but the aspect of a scholarly construct cannot be entirely avoided. There are compensations in Philo's case through the sheer volume of the material he has left behind. This lessens the chance that we should attribute too much significance to what may be no more than casual remarks. We should, however, have no illusions about the extent to which we can pene-trate behind the facade of his works. These were not written with the motive of disclosing his personal views on a wide scale of issues. The personality of Philo the Alexandrian Jew remains largely hidden from view... (shrink)

At the beginning of modern logic, propositions were defined as unchangeable entities placed in a certain idealistic realm. These unchangeable propositions contain in themselves so-called indexical, i.e. the place, time and other circumstances of the utterance. This concept of the proposition, which is entitled eternalism, was and is still prevalent among analytic philosophers. Often even the term ‘proposition’ is identified with an idealistic entity located outside the real world. In my paper, I would like to focus on the concept (...) of propositions of two logicians who deviated from the standard understanding of propositions, Arthur N. Prior and Pavel Tichý. They were both proponents of temporalism, i.e. the view that propositions could change their truth-value over time. The paper will discuss the reasons why they were proponents of temporalism and compare their views. It claims that in Prior’s case, his metaphysical views were the main reasons he was a proponent of temporalism. In contrast, when Tichý presented his arguments for temporalism, he focused primarily on natural language. (shrink)

Phenomena such as our “understanding in a flash” and our immediate knowledge of the meaning of our own utterances seem to point to problems that call for philosophical explanation. Even though the meaning of an utterance appears to depend on where and when we use it, on what we use it for and on what we expect in response, we do not examine such circumstances when asked what we mean. Instead we simply say what we mean. Similarly, our having (...) grasped a rule is something shown by how we perform certain tasks and respond to certain requests. But we frequently declare that we have indeed grasped a rule without paying any attention to those overt performances and, despite this, we are normally correct. These facts seem puzzling and impel us towards a certain philosophical picture of meaning and understanding. This picture identifies the meaning of a subject’s utterances, and his understanding of the rules that he follows, with some kind of structure of which he has immediate knowledge. By virtue of their connection with these private, meaning-constituting phenomena, the public manifestations of meaning and understanding are invaluable as clues to the meaning of an utterance or a subject’s understanding of a rule. But the latter are, nevertheless, ultimately fixed by the inner structures to which only the subject in question has immediate access and upon which he or she therefore has authority. This picture prompts a host of perplexing questions. “What are these immediately-knowable structures?” “What does it mean to say that we have immediate acquaintance with them?” “How are these private structures connected with those public performances?” These questions are notoriously difficult to answer. (shrink)

By applying the MIC theory to their analyses of English, German, French, Polish, Russian, Greek, Latin, and Japanese, the authors provide comprehensive explanations of the most puzzling aspects of the pragmatic use of basic universal linguistic categories.

David Hume famously states, in his A Treatise of Human Nature, “that ’tis only from the selfishness and confin’d generosity of men, along with the scanty provision nature has made for his wants, that justice derives its origin”.1 This is Hume’s summary of the conditions under which the very idea of rules of justice makes practical sense, and he effectively repeats it in the Enquiry Concerning the Principles of Morals.2 To put it briefly at the outset, Hume’s point is simply (...) this: if there was either a superabundance or drastic scarcity of resources, or if everyone were either completely and unfailingly virtuous or completely and unfailingly wicked, we would not need rules. (shrink)

Liberal political theory sees justice as the "first virtue" of a good society, the virtue that guides individuals' conceptions of their own good, and protects the equal liberty of all to pursue their ends, so long as these ends and pursuits are just. But ever since Marx's declaration that "liberty as a right of man is not founded upon the relations between man and man, but rather upon the separation of man from man...,"i liberal society has been frequently criticized for (...) falling seriously short of the conditions of a good society.ii A prominent recent criticism of this sort has been voiced by "communitarians," who charge that the primacy of rights in liberalism reveals a failure to appreciate the value of friendship and community, and tends to undermine their possibility.iii My aim in this paper is to defend liberal political theory, understood as the theory that justifies a polity of individual rights and justice, against this charge.iv My main argument will be directed at the assumption that there is an inherent tension between rights and justice on the one hand, and familial love and friendship on the other. According to the communitarian, two or more individuals constitute a community when they share a common conception of the good, and see this good as partly constitutive of their identities or selves.v Such "constitutive community," in Michael Sandel's words, may be a close friendship or family relationship, or an intermediate association such as a neighborhood organization, or a comprehensive political community. The communitarian charges that in making justice the first virtue of social institutions, liberalism undermines community at all levels, and this for two reasons. First, liberalism demands that we revise or surrender our conceptions of the good - including our attachments and commitments to family and friends - if they should turn out to be unjust. But this demand, the communitarian claims, requires attitudes 2 that are inconsistent with these attachments and commitments.. (shrink)

For many purposes in pragmatics one needs to appeal to a context of utterance conceived as a set of sentences or propositions. The context of utterance in this sense is often defined as the set of assumptions that the speaker supposes he or she shares with the hearer. I argue by stages that this is a mistake. First, if contexts must be defined in terms of shared assumptions, then it would be preferable to define the context as the (...) set of assumptionsthat the interlocutors really do share. Second, not all shared assumptions belong to the context, because not all are relevant. Third, hearers need not accept every member of the context, because some presuppositions are informative. Finally, presupposition coordination problems show that contexts may have contents that even the speaker does not accept. Contexts, we may conclude, are mind-transcendent. In one sense of the term a "presupposition" is an interlocutor's take on this mind-transcendent context. (shrink)

Why do speakers of all languages use different grammatical structures under different communicative circumstances to express the same idea? In this comprehensive study, Professor Lambrecht explores the relationship between the structure of sentences and the linguistic and extra-linguistic contexts in which they are used. His analysis is based on the observation that the structure of a sentence reflects a speaker's assumptions about the hearer's state of knowledge and consciousness at the time of the utterance. This relationship between speaker assumptions (...) and formal sentence structure is governed by rules and conventions of grammar, in a component called 'information structure'. Four independent but interrelated categories are analysed: presupposition and assertion, identifiability and activation, topic, and focus. (shrink)

Phenomena such as our “understanding in a flash” and our immediate knowledge of the meaning of our own utterances seem to point to problems that call for philosophical explanation. Even though the meaning of an utterance appears to depend on where and when we use it, on what we use it for and on what we expect in response, we do not examine such circumstances when asked what we mean. Instead we simply say what we mean. Similarly, our having (...) grasped a rule is something shown by how we perform certain tasks and respond to certain requests. But we frequently declare that we have indeed grasped a rule without paying any attention to those overt performances and, despite this, we are normally correct. These facts seem puzzling and impel us towards a certain philosophical picture of meaning and understanding. This picture identifies the meaning of a subject’s utterances, and his understanding of the rules that he follows, with some kind of structure of which he has immediate knowledge. By virtue of their connection with these private, meaning-constituting phenomena, the public manifestations of meaning and understanding are invaluable as clues to the meaning of an utterance or a subject’s understanding of a rule. But the latter are, nevertheless, ultimately fixed by the inner structures to which only the subject in question has immediate access and upon which he or she therefore has authority. This picture prompts a host of perplexing questions. “What are these immediately-knowable structures?” “What does it mean to say that we have immediate acquaintance with them?” “How are these private structures connected with those public performances?” These questions are notoriously difficult to answer. (shrink)

What circumstances create the need for an institution that conforms to civil recourse theory? I consider polities that vary in the extent to which they instantiate justice and argue that only a moderately non-ideal polity has a need for such an institution. When a polity gets close to the ideal, the polity needs institutions of corrective justice. When the polity gets very far from the ideal, tort law is at best instrumentally justified. Somewhere in between those two extremes, a civil (...) recourse conception has significant justificatory advantages over both corrective justice and instrumental accounts. Even under these conditions, however, it remains difficult to explain within the confines of civil recourse theory why enforcement of tort law’s primary norms should remain in the hands of the victim. I suggest a possible explanation, but it requires us to jettison the claim that the wrongs of tort law are genuine wrongs. (shrink)

Literary accounts of traumatic events can be more informative and insightful than personal testimonials. In particular, reference to works of literature can give us a more vivid sense of what it is like to receive a devastating diagnosis. In turn this can lead us to question some common assumptions about the nature of autonomy, particularly for patients in these circumstances. The literature of concentration camp and labour camp experiences can help us understand what it is like to have one's life-plans (...) altered utterly and unexpectedly. Contrary to common views of autonomy which have difficulty in characterising autonomous action when long-standing assumptions are suddenly lost, these examples show that autonomy is possible in these circumstances. We need a theory of autonomy which can deal with traumatic events and is useful in the clinical context. (shrink)

The pragmatics underlying Paul Grice’s analysis of utterance-meaning provide a powerful framework for investigating the commitments arguers undertake. Unfortunately, the complexity of Grice’s analysis has frustrated appropriate reliance on this important facet of his work. By explicating Cicero’s use of apostrophe in his famous “First Catilinarian” this essay attempts to show that a full complex of reflexive gricean speaker intentions in essentially to seriously saying and meaning something.

Against the background of the fact that speakers not seldom intend to convey imports which deviate from the linguistically expressed meanings of linguistic items, the present article addresses some consequences of this phenomenon which appear to still be neglected in textual studies. It is suggested that understanding behaviour is in some respect a primary objective of exegesis and that due attention must be attributed to the high diversity of behaviour-related criteria by which interpretations of linguistic items are to be evaluated. (...) Although we intimate in addition that individual (meaningful) sentences occurring either in oral conversations or in written documents generally exhibit a multiplicity of contents of diverse types and that the circumstance that sometimes only a content equalling the linguistic significance of a pertinent unit matters for purposes of interpretation is caused by a material coincidence of different varieties of content, the tenets advocated in the paper do not essentially depend on that view. On the other hand, the following assumptions are relevant in the present connection: (a) A number of deviances between imports conveyed by linguistic utterances and literal meanings of expressions occur due to maxims of linguistic behaviour that are quite independent of lexical and syntactic features of individual natural languages. (b) It is by no means an exceptional phenomenon that imports not derivable by grammatical rules of a particular language alone possess primary importance for interpretation and textual exegesis. In view of significant affinities between understanding of sentences and of texts it is argued that the consideration of diverse aspects of behaviour possesses relevance for textual exegesis at least in the following respects: (1) By delivering a heuristic device for discerning problems affecting adopted interpretations it encourages searches for alternatives. (2) It provides means for evaluating the degree of acceptability of particular textual exegeses and possibly rejecting them on a more rational basis than mere intuition. (3) It offers possibilities for critically assessing the validity of explicit arguments advanced in favour of or in opposition to some interpretation. (4) It furnishes a background for assessing certain disputes about translation. The dimension of linguistic behaviour also attains importance in connection with questions of exegesis which are not concerned with assessments of (propositional) contents intended to be communicated, such as the ascertainment of the function which some argument possesses in a context. For substantiating the thesis that omission of raising relevant questions concerning behaviour is not an isolated phenomenon two examples will be employed: (1) A discussion concerning the exegesis of a crucial passage of Dignāga’s Pramāṇasamuccaya and the Pramāṇasamuccayavṛtti, (2) a critical appraisal of a recent publication dealing with the interpretation of the second chapter of Nāgārjuna’s Mūlamadhyamakakārikā-s. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Voice of Thersites:Reflections on the Origins of the Idea of EqualitySiep StuurmanIn the first century bc the Greek historian Diodorus Siculus observed that there were kings before the discovery of writing.1 Diodorus was right: the shared reflection about the human condition made possible by writing emerged in societies where distinctions between ruler and ruled, man and woman, master and slave, lord and commoner, and finally native and foreigner (...) constituted the "deep normality" of social life. No wonder that so much of early social and political thought consists of justifications of inequality. Powerful discourses of inequality told everyone what their station in life was and instructed them to speak and behave accordingly.What is truly remarkable, viewed against this background, is the emergence of ideas of equality. Why and how did people arrive at the daring and implausible idea that men are equal? In the history of political thought this question is usually discussed in the context of the advent of democratic rule in the Greek polis, that is, in a situation in which the demos is already constituted as a political actor. To constitute itself politically, however, the people or its spokesmen must already command a language in which the claim of equality can be expressed. In this essay I seek to retrieve the origins of that language, the historical moment when equality became thinkable in a setting in which the politicized demos had not yet appeared on the horizon. I will examine the famous Thersites episode in Homer's Iliad to show how this could happen, but my argument goes beyond the case of Homer. In the conclusion of this essay I will outline a general framework for the analysis of the interplay between social experiences, available languages, and the origins of ideas of equality. [End Page 171]Equality was not an empirical idea.2 Quite the contrary, the numbing repetition of the daily routines of inequality would seem to make it almost unthinkable, in the same category as black suns and men walking upside down. In such circumstances where was there space for the very thought of equality? How could it even find a voice amidst the deafening roar of kings, priests, and aristocrats? That simple question is my starting point.I will approach this question by means of an equally simple conjecture. Ideas of equality emerge when men or women draw on the egalitarian potentialities of available shared languages, and they do so to make sense of and to change or sustain determinate social experiences. Notions of equality do not arise out of the blue. They usually take the form of a critique of prevailing ideas about the superiority of some people above others. In that sense every discourse of equality is grafted upon some previously articulated discourse of inequality. All discourses of equality are potentially egalitarian because "equality, as an idea, consists in the belief that things can be alike and when alike should receive similar treatment."3 When somebody asserts that "we" are in some relevant sense "like them," the very utterance of the claim implies a questioning of the given relationship between "us" and "them."Where to begin our investigation? I start from the assumption that civilizations are, among other things, defined by the texts on which they confer canonical status. That is not to say that such texts are unquestionable or that their message is unequivocal. Canonical texts are not simply commands or prescriptions, they rather provide the master narratives and exemplary stories later authors draw upon to formulate authoritative interpretations. The major canonical texts of civilizations can usefully be seen as the stepping stones leading to the main interpretative traditions. The Homeric epics, the Hebrew Bible, the New Testament, the Qur'an, and the Analects of Confucius are outstanding examples of such canonical texts. The first step in our investigation is therefore an examination of such texts, looking for critiques of inequality as well as implicit or explicit notions of equality.Homeric Equality?On the face of it Homer may seem an unlikely source for the emergence of any notion of equality. In his influential history of ethics, Alasdair MacIntyre asserts that the Homeric concepts of goodness... (shrink)

One of Strawson's objections to Russell's theory of descriptions is that what are intuitively natural and correct utterances of sentences involving incomplete descriptions come out false by RTD. Russellians have responded, not by challenging Strawson's view that these uses are natural and correct, but by embellishing RTD to accommodate these uses. I pursue an alternative line of attack: I argue that there are circumstances in which "we" would find utterances of such sentences unnatural and improper but "RTD" would sanction. So, (...) RTD clashes with ordinary language, as Strawson suggests. (shrink)

An epistemic account of the circumstances of justice allows one to make three important claims about the Humean and Rawlsian ‘standard account’ of those circumstances. First, and contrary to Hume, the possibility and necessity of justice are rooted not in limited beneficence or confined generosity, but in the epistemic insight that the knowledge relevant to deciding what to do with the fruits of social cooperation is for a variety of reasons uncentralisable. Second, and regardless of whether Rawlsian ethical disagreement is (...) more persuasive as a circumstance of justice than Humean confined generosity, it does not explain the possibility and necessity of justice, for the uncentralisability of social knowledge would be decisive even under conditions of unanimity. Finally, the epistemic account not only shows what the circumstances of justice are but, contra Cohen’s critique of the standard account, also provides at least some guidance as to what justice itself may be. (shrink)

Unlike Hanafī jurists, most of the jurists maintain that qiyās is permissible (jāʿiz) for the origins (aṣl) in which the qiyās rule is invalid, including ruhsat (permission); kaffarah (expiation) and ḥadd (penalties). Shāfiʿī jurists, Imam al-Shāfiʿī and his followers like al-Juwaynī, argue that Hanafī jurists are contradictory since they apply qiyās in many cases despite their judgment that qiyās is invalid, and on the contrary they defend that these are derived from the literal interpretation techniques out of qiyās format. Nevertheless, (...) Shāfiʿī jurists persist that they rule on the qiyās applications through Islamic jurisprudence inference methods (istinbāt) such as Islamic juristic preference (istiḥsān), even beyond qiyās. In his sense of search effective cause: ʿilla (taʿlil), al-Juwaynī focuses on the proper meaning/suitability (munāsaba). He runs the mechanism of taʿlil even in the presence of the deepest proper meaning. He customizes the formulation of the suitability (munāsaba)/proper meaning for the origins in which the qiyās’ rule is invalid. Kaffarah and ḥadd consequently expand the validity area and minimize the restricted area for qiyās. Al-Juwaynī’s approach agrees to his rational personality as well as the value that he appreciates for qiyās. In this paper, the aim of study is to identify the borders and limitations of qiyās in al-Juwaynī’s thought with discussions about the disagreements between the jurists in the specified areas.Summary: As a general principle, devoting (taʿabbud) is the foundation for jurisprudence for al-Imām al-Shāfiʿī and reasoning (taʿaqqul/taʿlīl) for Abu Hanīfa. Despite this, Abu Hanīfa and Hanafī jurists consider non-qiyās foundations (ma’dul bih ‘anil-qiyās) including the quantified ordinances (muqaddarāt/taqdīrat) and ruhsat (permission) as well as kaffarah (expiation) and ḥadd (penalty) as the banned areas for the analogy (qiyās) and profess that qiyās cannot be applied in these areas. It may be contradictory that they state in one hand that the foundation of rulings is taʿaqqul, and on the other hand, bars the above-mentioned areas for qiyās. On the contrary to their general approach, Shāfiʿī jurists, in particular, argue that it is untrue to absolutely exclude use of analogy in those areas, which are rather open to qiyās. Al-Imām al-Shāfiʿī and one of his followers, al-Juwaynī, describe that Hanafī jurists’ applications do not jibe with their principles so that they do refer the inference methods (istinbāt) (e.g. juristic preference: istiḥsān), furthering qiyās although they take qiyās as illicit in kaffarah and ḥadd. However, Hanafī jurists defend that they are not in a contradiction, and indeed they do not apply qiyās in kaffarah and ḥadd and derive their illations mostly from textual implications (dalālah) that are mostly out of qiyās format such as tanqīh al-maʿnā (isolating ʿilla), istidlāl, and dalālah al-naṣṣ (inferred meaning). As understood from the relevant arguments, applying qiyās in these areas is directly associated with the issue of potentiality for “the analogy in reason.” The type of qiyās that Hanafī jurists consider illicit in kaffarah and ḥadd is the analogical actions made for the reasons. One of the most rationalist representatives of Shāfiʿī uṣūl, al-Juwaynī pronounces that the method to determine ʿilla (cause) is fundamentally the suitability (munāsaba) that can be defined as “rational compatibility.” In his opinion, the ratiocination (taʿlīl) is based on this suitability. According to him, the indications of qiyās will be clear or it becomes practicable even in the presence of low-level, implicit suitability. Al-Juwaynī considers that it is licit to apply the analogy for the kaffarah and ḥadd as well as the non-qiyās foundations, including ruhsat and muqaddarāt or taqdīrat, whether direct or explicit (i.e. the meaning of analogy: qiyās al-maʿnā) or indirect or implicit (i.e. the commonality of analogy: qiyās al-shabah). In this context, one of Juwayni’s concern is “the matter of inherence in textual sources such as naṣṣ or the Qur’ān and the Sunna),” corresponding to the area where the judgment is based on a specific reason by naṣṣ. For him, a number of reasonable meanings can be inferred in these areas when it is critiqued independent of the uttered words. But the inherence mentioned in the texts of naṣṣ, indicates to avoid the use of analogy for making a judgment. Al-Juwaynī asserts that some fractional elaborate or detailed meanings cannot be obtained for physical prayers and only a set of universal meanings can be imagined. He defines that it is permissible to compare the reasons of physical worshipping with each other when any suitable meaning is present. He considers that for the permissibility of qiyās in ruhsat, it is adequate to find a meaning suitable for the judgment, and besides, the commonality of analogy (qiyās al-shabah) is applicable in the area of muqaddarāt or taqdīrat. Nevertheless, a patient’s condition is similar to that of a traveller in terms of ruhsat for not fasting (ṣavm). In al-Juwaynī’s way of thinking, patients should act like travellers for ruhsat to shorten (qaṣr) the prayers (ṣalāh) due to “requiring” as a proper meaning. However, as mentioned by al-Juwaynī, there is a consensus (ʿijmā or ittifāq) on the fact that a patient cannot shorten his or her prayers. Due to this impediment, it is understood that the rule of shortening their prayers (ṣalāh) is permissible for travellers but not for patients (manʿ al-ʿijmā’).In criminal cases, the right of oath before the court is belonging to the defendant, whereas to the claimant in kasāme, an oath method in unidentified murders. Taking an oath from the claimant is merely inherent to the kasāme application. Al-Juwaynī states that this inherence is known by the principle of being inherent to each circumstance (iḥtisās bi-l hāl), and with this aspect, kasāme is a closed area for qiyās. According to al-Juwaynī, contracts are suitable for qiyās because they have conditions such as offers and agreements explicitly stating the quality and quantity, and mutual assent. He describes that these are the reasons unavailable for qiyās with respect to their characteristics. With this, the contracts are among the reasonable sources in one respect and the unreasonable in another respect. Consequently, al-Juwaynī suggests that the analogy loses its functionality or validity in a limited number of the closed areas for qiyās, which are the static devotional judgments (taʿabbud) having no proper meaning, direct or indirect, or explicit or implicit; the areas where the judgment is made inherent to a specific reason by the naṣṣ (ihtisās bi-l-nass) (as in the example that sacrificing a female goat at the age of less than one year is a specific judgment for Burde b. Niyār). The point leads to the judgment is made inherent to a specific reason by the principle of ihtisās bi-hāl; and banned ʿijmā issues (as in the example of ʿijmā that it is agreed on the fact that patients cannot shorten (qaṣr) their prayers (ṣalāh), unlike travellers. Al-Juwaynī sees the application of qiyās as licit based on the availability of suitable meaning in all areas except for the above-mentioned issues. That he minimizes the closed areas for qiyās and widely expands the functionality of analogy is the reflections of the value that he gives to qiyās. (shrink)

Elections are generally considered the only way to create a democratic legislature where direct democracy is not an option. However, in recent years that assumption has been challenged by individuals who claim that lotteries are a democratic way of selecting people for office, elections are aristocratic or oligarchic, not democratic, and that elections as we know them are inadequate if true democracy is prioritized. In opposition to this wave, my paper argues that the assertions made to support the democratic merits (...) of lotteries are unpersuasive. Current evidence that sortition is either more egalitarian or produces epistemically better results than elections is poor. Instead, these assertions illuminate the importance of elections in enabling the constituents of a democracy to reconcile the personal and political dimensions of their lives and, therefore, better reflect citizens’ claims to privacy and equality. The paper begins by recapping the main arguments for treating sortition as a democratic way to select a legislature, outlines their deficiencies, and then turns to what these perceived failings actually suggest about the democratic value of elections. (shrink)

What accounts for the capacity of ordinary speakers to comprehend utterances of their language? The phenomenology of hearing speech in one’s own language makes it tempting to many epistemologists to look to perception for an answer to this question. That is, just as a visual experience as of a red square is often taken to give the perceiver immediate justification for believing that there is a red square in front of her, perhaps an auditory experience as of the speaker asserting (...) that p gives the competent hearer immediate justification for believing that the speaker has asserted that p. My aim here is to offer reasons for resisting this temptation. I argue that the perceptual model cannot adequately account for the hearer’s justification in many cases. The arguments here also allow us to draw certain further morals about the role of phenomenology in the epistemology of perception. (shrink)

In this paper a concept of pain is introduced that regards pain as a formal entity that can be realized in various material ways, similarly to the concept of justice. Pain utterances have rather the character of evaluative judgments and not of propositional descriptions. They aren’t therefore true or false, but adequate or inadequate, correct or wrong, according to the circumstances and the context, in which they are made. Because pain is constituted by the interplay of individual and public attitudes (...) also inside a given cultural context we are always capable of extending our concept of pain by integrating other cultural attitudes towards pain and also capable of giving arguments that shall convince the members of an other culture to accept our ideas about pain. (shrink)

Many legal theorists and linguists have addressed the notion of legal language from different perspectives. Despite that, the definitions of legal language vary. Almost all of the approaches conclude that legal language entails several types of communication. Nevertheless, not all of these categories are sufficiently researched. Some types of legal communication seem to be neglected. This lack of interest might be rooted in the uncertainty of whether these texts or utterances even fall under the scope of the concept of legal (...) language. In order to avoid this superficiality in subsequent research, it is first necessary to come to a clear determination of which communicative acts can be considered a part of legal language and which cannot. Accordingly, in this search for the definition of legal language, we should not neglect the fact that language is executed in concrete communicative acts, and the only means to grasp the language is through communication. The aim of this article is therefore to clearly delineate the boundaries of this concept. Based on analysis of how the given term is currently defined, I draw out the common features and trace the characteristics in which they differ. Taking into account these findings, I propose a novel comprehensive demarcation of legal language. This concept argues that the ‘legal’ nature of language should be determined by the context and function of the particular statement or exchange, in connection with the role of participants in the communication. This means that a particular act may be considered a part of legal language not in accordance with a certain form or lexicon used, but mainly by extralinguistic circumstances in the context of which it is being performed. (shrink)