The paper consists of two parts, outlined in the title.I. In the historical science time appears as an element of the historian’s workshop. The historian collects source information, evaluates them and assigns respective dates. Only on the ground of thus “processed” sources may he reproduce the past: events and longer development processes, setting them in time. This dated time is understood colloquially as something objective, which runs one way and may be measured.II. A historian who studies the past reality depends (...) on the extent to which those sources are preserved. As a result of their interpretation, with the use of increasingly excellent research methods, he reproduces that reality. He must carry out an ongoing selection of historical facts found. This exposes him to temptations of such selection of those facts so as to adjust the historical knowledge to serve well the national interests, his own political opinions, etc. In this way the historian exerts influence on social awareness, which may consists of various myths and stereotypes, which sometimes lead to negative social behaviors: aggression, chauvinism, etc. Therefore, for researcher honesty’s sake and in the sense of moral responsibility, he must be careful to be as impartial as possible in his work. (shrink)

This volume provides a critical roadmap through the major historical sources of legal semiotics as we know them today. The history of legal semiotics, now at least a century old, has never been written (a non-event itself pregnant with semiotic possibility). As a consequence, its sources are seldom clearly exposed and, as word, object and meaning change, are sometimes lost. They reach from an English translation of the 1916 inaugural lecture of the first Chair in Legal Significs at the Amsterdam (...) University, via mid 20th century studies on "property" or "contract," to equally fascinating essays on contemporary semiotic problems produced by former students of the Roberta Kevelson Semiotics Roundtable Seminar at Penn State University 2012 and 2013. Together, the materials in this book weave the fabric of semiotics and significs, two names for the unfolding of semiotics in law and legal discourse at least until the second half of the 20th century, and both of which covered a lawyer's focus on sign and meaning in law. The latter is embedded within the cultural imperatives of the civilization that gave these terms meaning and made them an effective tool for the dissection of law, its reconstitution as an instrument to be used by the lawyer to advance the interests of her clients, and for judges as a means to restructure language as a narrative of law whose power could bend behavior to its strictures. Legal semiotics has become an indispensible part of the elite lawyer's toolkit and a fundamental approach to analysis of legal texts. Two previous volumes published in 2011 and 2012 explored the conceptual, methodological and epistemological progress in the field of legal semiotics, the modern forms of semiotics study, and the mechanics of meaning making processes by lawyers. Yet the great lessons of semiotics requires a focus on the origins of the concepts and frameworks that would become contemporary legal semiotics, its origins as an object of the consciousness of meaning making-one whose roots, as lessons for the oracular conversations of law, are expanded in this volume. (shrink)

The book series Linguistische Arbeiten (LA) publishes high-quality work in linguistics that addresses current issues in synchrony and diachrony, theoretically or empirically oriented.

This study investigates potential differences in attitudes towards corporate social responsibility between Saudis and Muslims from other predominately Islamic countries. We propose that Saudi Arabia’s unique rentier-state welfare and higher education systems account for these distinctions. In evaluating our propositions, we replicate Brammer et al. :229–243, 2007) survey on attitudes towards CSR using a sample of Saudi undergraduate and graduate business students and compare the results against data from subjects in other majority Muslim countries. In addition, this work examines possible (...) differences within the Saudi sample with respect to sex and academic level. Our results indicate that our Saudi subjects maintain higher expectations for corporations’ social responsibility within their supply chain than the Brammer et al.’s sample. In contrast, Muslims in the Brammer et al.’s sample hold higher expectations for corporations in supporting societal development and poverty alleviation in comparison to the Saudi sample. We also find within the Saudi sample that females and subjects at higher academic levels are more inclined to hold corporations responsible for social issues related to CSR than males and subjects in lower academic levels. We examine these findings, explore their implications, and propose areas for future research. (shrink)

Can the law benefit from an evolutionary perspective? This little book shows how the idea of survival of the fittest can help explain legal development and the rise and fall of legal institutions. The reader is invited to join in on a journey of discovery in which the world of Darwin is connected to the topics of legal change, convergence of law, legal complexity, law in hip-hop music and the adoption of the price-payment rule. Exploring these five themes from an (...) evolutionary angle indisputably upsets our traditional view of the law, but it does fit the author's view of academia as a place for cross-disciplinary research steered by curiosity. (shrink)

This article examines the political perspective of corporate social responsibility from the standpoint of normative Islam. We argue that large firms within Muslim majority countries have the moral obligation to assist governments in addressing challenges related to sustainable socioeconomic development and in advancing human rights. In substantiating our argument, we draw upon the Islamic business ethics, stakeholder theory, and corporate governance literatures, as well as the concepts of Maqasid al Shariah (the objectives of Islamic law) and fard al ‘ayn (obligation (...) upon all individuals within society) versus fard al kifayah (obligation upon some individuals within society) to introduce a normative model elucidating critical Islamic precepts. Finally, we propose an Islamic “political” corporate governance framework, which democratizes firm decision making by embedding “core” stakeholders, nongovernmental organizations (NGOs), and Shariah scholars in the corporate board, thereby enhancing the ability of businesses to respond to stakeholder concerns and priorities, while mitigating interstakeholder and intraboard power asymmetries. (shrink)

New computer systems of discovery create a research program for logic and philosophy of science. These systems consist of inference rules and control knowledge that guide the discovery process. Their paths of discovery are influenced by the available data and the discovery steps coincide with the justification of results. The discovery process can be described in terms of fundamental concepts of artificial intelligence such as heuristic search, and can also be interpreted in terms of logic. The traditional distinction that places (...) studies of scientific discovery outside the philosophy of science, in psychology, sociology, or history, is no longer valid in view of the existence of computer systems of discovery. It becomes both reasonable and attractive to study the schemes of discovery in the same way as the criteria of justification were studied: empirically as facts, and logically as norms. (shrink)

This paper studies intentional action in stit logic. The formal logic study of intentional action appears to be new, since most logical studies of intention concern intention as a static mental state. In the formalization we distinguish three modes of acting: the objective level concerning the choices an agent objectively exercises, the subjective level concerning the choices an agent knows or believes to be exercising, and finally, the intentional level concerning the choices an agent intentionally exercises. Several axioms constraining the (...) relations between these different modes of acting will be considered and discussed. The side effect problem will be analyzed as an interaction between knowingly doing and intentionally doing. Non-successful action will be analyzed as a weakening of the epistemic attitude towards action. Finally, the notion of ‘attempt’ will be briefly considered as a further weakening in this direction. (shrink)

The cosmological theory of the author, discussed in (Greben in Found Sci 15(2):153–176, 2010 ), has a number of implications for the interpretation of initial conditions and the fine-tuning problem as discussed by Vidal (Found Sci 15(4):375–393, 2010a ).

Clark Glymour defined bootstrap-confirmation as a three-place relation: “Evidence E bootstrap confirms hypothesis H with respect to theory T.“ By an ingenious choice of examples, David Christensen has shown that Glymour's definition is satisfied in a class of cases in which confirmation seems to be highly counterintuitive. Responding to Christensen's criticism, Glymour revised his 1980 definition of bootstrap confirmation, by introducing an additional condition that rules out Christensen's counterexamples.

Wayfinding is generally understood as the process of purposefully navigating to distant and non-visible destinations. Within this broad framework, uninformed searching entails finding one’s way to a target destination, in an unfamiliar environment, with no knowledge of its location. Although a variety of search strategies have been previously reported, this research was largely conducted in the laboratory or virtual environments using simplistic and often non-realistic situations, raising questions about its ecological validity. In this study, we explored how extant findings on (...) searching translate to a real-world environment, using a phenomenologically informed experiment. Our findings demonstrate a previously undescribed complex and dynamic interplay of different search strategies. Importantly, our results reveal that: (i) the presence of other people is importantly entangled with the process of searching; and (ii) people frequently probe and switch between search strategies based on local environmental characteristics. Together, our results reveal that search behaviour is critically dependent on environmental features and that searching in complex real-world settings should not be conceptualised as depending on a simple singular strategy. This raises questions about the dominance of laboratory-based experiments and their narrow cognitivist framework, highlighting the value of studying wayfinding in the real world. (shrink)

We discuss a new theory of the universe in which the vacuum energy is of classical origin and dominates the energy content of the universe. As usual, the Einstein equations determine the metric of the universe. However, the scale factor is controlled by total energy conservation in contrast to the practice in the Robertson–Walker formulation. This theory naturally leads to an explanation for the Big Bang and is not plagued by the horizon and cosmological constant problem. It naturally accommodates the (...) notion of dark energy and proposes a possible explanation for dark matter. It leads to a dual description of the universe, which is reminiscent of the dual theory proposed by Milne in 1937. On the one hand one can describe the universe in terms of the original Einstein coordinates in which the universe is expanding, on the other hand one can describe it in terms of co-moving coordinates which feature in measurements. In the latter representation the universe looks stationary and the age of the universe appears constant. The paper describes the evolution of this universe. It starts out in a classical state with perfect symmetry and zero entropy. Due to the vacuum metric the effective energy density is infinite at the beginning, but diminishes rapidly. Once it reaches the Planck energy density of elementary particles, the formation of particles can commence. Because of the quantum nature of creation and annihilation processes spatial and temporal inhomogeneities appear in the matter distributions, resulting in residual proton (neutron) and electron densities. Hence, quantum uncertainty plays an essential role in the creation of a diversified complex universe with increasing entropy. It thus seems that quantum fluctuations play a role in cosmology similar to that of random mutations in biology. Other analogies to biological principles, such as recapitulation, are also discussed. (shrink)

One vivid description of folktale research, still applicable although more than a half century old, reads, “Folktale study is like a desert journey, where the only landmarks are the bleached bones of earlier theories.” Because theories have proven to be so ephemeral in comparison with the tales themselves , it might seem prudent to place more stock in the tales and less in the theories or at least to take an eclectic approach toward theorizing so as to hedge bets; but (...) not all scholars of folktales exercise more circumspection now than their predecessors did fifty years ago. For example, in Little Red Riding Hood: A Casebook Alan Dundes — one of the most prominent American folklorists of our day — adduces no material dated from before 1697 that is related to the tale “Little Red Riding Hood” but manages nonetheless to question sharply the very notion of valuing early written evidence. By scrutinizing a short Latin poem written in the first quarter of the eleventh century, I hope to refute Dundes's dismissal of literary evidence and to underscore the pertinence of studying medieval literature in coming to grips with that beautiful and elusive phenomenon to which English-speakers give the name “fairy tale.”. (shrink)

As the Byzantinist Ihor Ševčenko once observed, "Philology is constituting and interpreting the texts that have come down to us. It is a narrow thing, but without it nothing else is possible." This definition accords with Saussure's succinct description of the mission of philology: "especially to correct, interpret, and comment upon the texts." Philology is not just a grand etymological or lexicographical enterprise. It also involves restoring to works as much of their original life and nuances as we can manage. (...) To read the written records of bygone civilizations correctly requires knowledge of cultural history in a broad sense: of folklore, legends, laws, and customs. Philology also encompasses the forms in which texts express their messages, and thus it includes stylistics, metrics, and similar studies. _On Philology _brings together the papers delivered at a 1988 conference at Harvard University's Center for Literary and Cultural Studies. The topic "What is Philology?" drew an interdisciplinary audience whose main fields of research ran the gamut from ancient Indo-European languages to African-American literature, signaling a certain sense of urgency about a seemingly narrow subject. These papers reveal that the role of philology is more important than ever. At a time when literature in printed form has taken a back seat to television, film, and music, it is crucial that scholars be able to articulate why students and colleagues should care about the books with which they work. Just as knowledge will be lost if philological standards decline, so too will fields of study die if their representatives cannot find meaning for today's readers. _On Philology _will be of interest not only to students of philology but also to anyone working in the fields of hermeneutics, literature, and communication. (shrink)

Wat is de plaats van het recht in de samenleving? Hoe fungeert het juridisch discours? Wie is de mens van het recht? Waartoe leiden de semantische transformaties die het recht tot een eigen discours maken? Hoe gaat de maatschappij met het juridisch discours om? Hoe verhoudt het rechtsbeleid zich tot de rechtswetenschap? Hoe verhouden de verschillende vakgebieden binnen het recht zich tot elkaar? Deze en andere vragen tussen rechtsfilosofie, rechtstheorie en rechtspraktijk worden in een collectie wetenschappelijke teksten geconfronteerd met kritische (...) interdisciplinaire benaderingen. Het boek biedt in die zin een kleine encyclopedie van de juridische discipline, gelieerd aan overwegingen van algemene cultuur. (shrink)

Lawyers write, blog and are otherwise producers of words; they structure public life through legal discourse and integrate all issues that reinforce legal reasoning. Even if one is inclined not to justify the power of their words in the context of a democratic theory, one is hardly able to challenge its public acceptance. But semiotic analyses harden the question whether these emperors wear nothing but robes. That attitude intensifies where medicine becomes increasingly relevant for legal discourse, as becomes clear where (...) for instance US political viewpoints bring bioethical issues to the Courts. One major theme in today’s medicine pertains to identity in its psychological, philosophical and social dimensions. Identity thus becomes a groundbreaking semiotic issue in law and medicine; both discourses are particular important to the otherness of the other. A US criminal law case interests here (Harrington v. State of Iowa, 2003; cited as: 659N.W.2d 509). The case is decided with “information about what the person has stored in his brain”. A chain of signs is involved: from “brain-function” to “brain-storage” via “brain-scan” to “brain-fingerprint”, for which the case became famous. A long series of signs and meanings belong here to intertwined discourses. Central is a particular sign in each discourse: “brain” means brain scan, and “fingerprint” means law! The two display trading mechanisms, which determine the otherness of the other and the self! The chain of signs in the Harrington case shows inter-disciplinarity in law and inter-discursivity among law and medicine. The trading itself underlines the semiotic dimensions in cyberspace, in particular the semiotics of the virtual (Hayles, Kurzweil) and their effects on legal discourse. (shrink)

This engaging book examines the origins and first effects of the concept ‘legal semiotics’, focusing on the inventor of the term, Roberta Kevelson. It highlights the importance of her ideas and works which have contributed to legal theory, legal interpretation and philosophy of language. Kevelson’s work is particularly relevant today, in our world of global electronic communication networks which rely so much on language, signs, signals and shortcuts. Kevelson could not have foreseen the 21st century, yet the story of her (...) work and influence deserves more attention as it is key to our understanding of modern legal discourse and why law fascinates and is accepted in modern society. The authors draw on Kevelson’s hitherto unknown Office Papers and Notes, and a biographical examination points to key influences in her work such as the early feminist movements of the US East Coast, the philosophy of Charles Sanders Peirce and the semiotics of Thomas Sebeok. This forms the basis for a more encompassing research of Kevelson’s position, work and philosophical background, which the authors call for. A quick and enlightening read, this book interests a wide range of readers with an interest in legal history and the fields which Kevelson both drew on and influenced, including lawyers, students and scholars. (shrink)

THE STRUCTURALISTIC ENDEAVOUR. THE WORLD AS MUSICAL SCORE The recent decades of this century have witnessed unusually rapid and far- reaching changes in the ...

Scholars have long noticed a similarity of motifs between Catullus’ Carmen 63 and the fifth book of the Odyssey, where the story of Odysseus’ captivity on Ogygia is narrated. A detailed analysis of the poems shows that Catullus wanted the reader to see in this Homeric episode a kind of matrix for the interpretation of Attis’ sojourn at Cybele. The discovery of this dependence casts a light on some of the hitherto proposed interpretations of Carmen 63.

Is the European Union a new Walden? Although a contrast in form and format, the Union is surprisingly close to the latter's underlying philosophy. One can read this proximity in the Treaties or the many facets of the European idea which mirrors in the Union's emerging legal system. Today there is no longer a Union of a limited number of Nation States desiring to end divisions among themselves, to acquire mutual respect and prosperity or a higher standard of living and (...) working conditions for its members. European citizenship shows a global orientation and is in continuous competition with the discourse of a globalizing economy and its Internet democracy. Analyses of concepts such as political geography, global, (supra)national and regional citizenship, democracy, learning society, native tongue and market lead to the insight that the Union's legal system wishes to ensure its citizens a legally engendered, formatted and protected global position for action. Walden's philosophy has a new face. (shrink)

Peirce shows how he presupposes that a ‘most general science of semeiotic’ is entirely a matter of culture. Semiotics unfolds even beyond the debate on specific differences between nature and culture. The expression ‘semiotics of culture’ entails all components of a true pleonasm. Pierce finds his parallel in the philosophy of Hegel and both philosophers consider the close ties between expressiveness and consciousness as a specifically human, cultural and spiritual activity. That viewpoint leads not only to linguistic but also to (...) other expressive phenomena, among which the body. Faces are perhaps the most outstanding bodily carriers of expression, so that Peirce’s analyses of Thirdness relate to the human face, not as a natural but as a cultural datum, in particular an artifice. A face-to-face relationship is embedded in a regulative discourse rather than an ethical appeal or other metaphysical dimensions. Three cases show various degrees of artificiality with different semiotic implications: Tilda Swinton’s appearance at the recent 2008 Oscar ceremony, the body art of Orlan and the first 2005 facial transplant of Isabelle Dinoire. The three do not only show how the human face is an artifice, but also how realities can appear to be fictitious within patterns of semiotic nature. Any sign can be a correlative to a fictitious world! (shrink)

The Roberta Kevelson Seminar on Law and Semiotics is integrated in the regular program of a US Law School and student enrollment is honored with credit points. Hitherto, the study of Legal Semiotics has mainly been located outside the Law Schools in the US and the Faculties of Law in the EU. Two important questions within the more general theme of Legal Semiotics and Legal Education arose: (1) the program requirements in an education context, and (2) the attention and interests (...) of the students. This IJSL issue offers essays presented during the Round Table which closed the Seminar, provides some experience-based suggestions for a Seminar program and discusses how to deal with the pragmatic attitude of law students. It interests how those topics relate to legal and semiotic literature and how they focus globally important viewpoints, as can be concluded in the example of the legal semiotics of family structures. (shrink)

PREFACE Ubi bene, ibi patria. The proverb expresses an important feature of this book. 'Being somewhere' necessarily implies an orientation towards ...