Two principal sources of imprecision in legal drafting (vagueness and ambiguity) are identified and illustrated. Virtually all of the ambiguity imprecision encountered in legal discourse is ambiguity in the language used to express logical structure, and virtually all of the imprecision resulting is inadvertent. On the other hand, the imprecision encountered in legal writing that results from vagueness is frequently, if not most often, included there deliberately; the drafter has considered it and decided that the vague language best accomplishes the (...) purpose at hand. This paper focuses on the use of some defined terminology for minimizing inadvertent ambiguity in the logical structure of legal discourse, where desired by the drafter. The current set of signaled structural definitions that are included in the A-Hohfeld language are first set forth and their use is illustrated in an extensive example from the treaty establishing the European Economic Community. The use of definitions in legal writing is widespread, butaddressed almost exclusively to controlling the vagueness of substantive legal terms; they are seldom used for structural purposes. Furthermore, their use in American legislative drafting is unsignaled. Here, attention is devoted to the relatively-neglected domain in legal discourse of imprecisely expressed logical structure, and the remedy offered, where desired by the drafter, is a set of signaled structuraldefinitions for use in controlling such imprecision. (shrink)

De Vries' mutation theory has not stood the test of time. The supposed mutations of Oenothera were in reality complex recombination phenomena, ultimately explicable in Mendelian terms, while instances of large-scale mutations were found wanting in other species. By 1915 the mutation theory had begun to lose its grip on the biological community; by de Vries' death in 1935 it was almost completely abandoned. Yet, as we have seen, during the first decade of the present century it achieved an enormous (...) popularity. As this paper has tried to suggest, one of the principal reasons for this was that de Vries' theory served as a banner around which a whole crowd of disaffected Darwinians or anti-Darwinians could rally. However, not all of those who favored de Vries did so for quite the same reasons. Underlying the multitude of views ran several common threads: a dissatisfaction with current Darwinian theory born out of misunderstanding natural selection, a general misunderstanding of the nature of species, and a prejudice against speculative, nontestable theories in biology.Supporters of de Vries were not the only opponents of Darwinism, nor was the mutation theory the only alternative to natural selection. In the early twentieth century a number of theories had been proposed to explain away the problems which Darwin had left unsolved. There was the idea of orthogenesis, championed by the American paleontologists Cope, Osborn and others; organic selection (or orthoplasy) was championed by M. M. Baldwin and C. Lloyd Morgan; there were the concepts of convergent evolution proposed by Hermann Friedmann, the theory of physiological selection by John George Romanes, and the concepts of reproductive divergence by H. M. Vernon. Virtually none of these men either accepted or were strong supporters of the de Vriesian theory, for each had his own particular ‘ism” to advocate as the major factor in evolution. The existence of a large number of such theories, each purporting to be the explanation, was characteristic of evolutionary theory at the turn of the century. It is to a large extent the emphasis on such fragmentary concepts that retarded development of the comprehensive theory of evolution which emerged in the 1920's and 1930's. For the historian, however, a study of these alternative theories is instructive in trying to understand the inherent difficulties which Dawwinian theory posed to biologists at the time. De Vries' mutation theory serves historically as a mirror to reflect the critical mood of a generation hostile to the theory of natural selection.It has often been claimed that it was impossible to understand the mechanism of natural selection until it could be placed in genetic and mathematical terms. It is certainly true that great strides have been made in population genetics and the treatment of evolutionary concepts with mathematical tools in the last forty years. But the very people who developed the genetical and mathematical approach to evolution were already convinced of the essential correctness of Darwinian theory before they started. Advances in an understanding of Mendelian heredity aided greatly in solving one important issue for evolutionists: the origin of variations. And the rigor with which selection acted could best be studied by observing changes in gene frequencies (calculated mathematically) over a number of generations. But as this paper has shown, two of the basic problems which biologists faced in evaluating Darwinian theory at the turn of the century-the nature of species, and the criteria of what constituted an acceptable explanation in biological science-could not be answered directly by mathematics. What mathematical and genetical theory did do was to help convince the skeptics of the validity of the Darwinian proposition.The change in explanatory criteria which many hailed as de Vries' most important contribution to evolutionary theory seems to have been part of a general emergence of twentieth-century biology from the domination of theorizers in the nineteenth. It also marked the emergence of America from the domination of biological, and particularly evolutionary, influence of Europeans. The change occurred in three areas: in the kinds of questions asked: testable versus non-testable; in the kind of data sought: quantitative versus qualitative; and in the kinds of theories proposed: analytical and reductive—the attempt to see complex processes in terms of simpler components-as opposed to synthetic and speculative. Although ultimately wrong in his idea, de Vries and his theories rode high on the wave of “experimentalism” which was the harbinger of a new era in evolutionary theory. (shrink)

In this essay, I set the book of Job in dialogue with a number of films from the robot science fiction subgenre. It is my intention to show that both sets of literature are deeply engaged with questions related to how creators and created things can interact, and that they deal with these questions in ways that illuminate and complement each other. The study proceeds in three phases. First, I develop a typology of robot science fiction as I see it (...) in Hollywood cinematic presentation. Second, I turn to unpack God's response to Job's complaint in Job 38. In this section, I focus particularly on God's self-description through constructive and parental metaphors. Finally, I suggest how reading these texts together can sharpen our understanding of the way in which the biblical narrative addresses relational dynamics between a creating God and humans as created beings. (shrink)

A short time ago the idea of sustainable agriculture was accepted only at the extreme margins of the U. S. agricultural systems. Although sustainability has now become a major theme of many U. S. agricultural groups, there remains much under-explored terrain in the meaning of sustainable agriculture. A thorough examination of who and what we want to sustain and how we can sustain them is critical if sustainable agriculture is to be a practical improvement over conventional agriculture. In order to (...) begin this effort, this article analyzes contemporary sustainable agriculture discourse and suggests alternatives for reconceptualizing sustainable agriculture. In particular we look at three arenas of sustainable discourse-family farm/rural community preservation, food safety, and agricultural science-and address issues of class, race/ethnicity, and gender found in current sustainability positions. We find that while advocates of sustainability have succeeded in pushing agricultural researchers and policy makers to address environmental issues, we need to go much farther both in theory and practice in order to deal with equally important issues of social equity. © 1992 Kluwer Academic Publishers. (shrink)

Community supported agriculture programs are transforming the way people relate to food and agriculture. Many researchers have considered the transformative potential of CSAs on economic, social, and environmental relations. They illustrate how participants are embedded in broader political economic transformations. The same focus, however, has not been given to CSAs’ transformative impact on individual shareholders—especially in terms of their relationship to food and health. We draw together literatures from behavioral economics, econometrics, and political ecology to evaluate the potential impacts of (...) CSA participation on food lifestyle behaviors. Using primary data drawn from a survey of four groups with distinct food acquisition environments, we compare respondents’ self-assessed food-related behaviors along three different categories: produce versus processed food consumption, food away from home consumption, and food acquisition and interest in nutrition. By documenting between-group differences, we confirm that shareholders display significant absolute differences to other groups along numerous indicators related to the above-stated categories and in general assessments of health. These differences correspond directionally to behaviors public health officials identify as correlated to beneficial health outcomes. We conclude by theorizing how the food environments delineated by a CSA exchange relationship provide unique reflexive opportunities for participants to develop diverse food-related skills and behaviors. (shrink)

This book is the most comprehensive treatment available of one of the most urgent - and yet in some respects most neglected - problems in bioethics: decision-making for incompetents. Part I develops a general theory for making treatment and care decisions for patients who are not competent to decide for themselves. It provides an in-depth analysis of competence, articulates and defends a coherent set of principles to specify suitable surrogate decisionmakers and to guide their choices, examines the value of advance (...) directives, and investigates the role that considerations of cost ought to play in decisions concerning incompetents. Part II applies this theoretical framework to the distinctive problems of three important classes of individuals, many of whom are incompetent: minors, the elderly and psychiatric patients. The authors' approach combines a probing analysis of fundamental issues in ethical theory with a sensitive awareness of the concrete realities of health care institutions and the highly personal and individual character of difficult practical problems. Its broad scope will appeal to health professionals, moral philosophers and lawyers alike. (shrink)

Viktor Hamburger was a developmental biologist interested in the ontogenesis of the vertebrate nervous system. A student of Hans Spemann at Freiburg in the 1920s, Hamburger picked up a holistic view of the embryo that precluded him from treating it in a reductionist way; at the same time, he was committed to a materialist and analytical approach that eschewed any form of vitalism or metaphysics. This paper explores how Hamburger walked this thin line between mechanistic reductionism and metaphysical vitalism in (...) light of his work on the factors influencing growth of neurons into limb buds, and the discovery of nerve growth factor, work carried out with Rita Levi-Montalcini and Stanley Cohen. (shrink)

Agathon, in his panegyric of Eros, had maintained that it is good, beautiful, and divine. Socrates begins his elenchus of this claim by pointing out that Eros is relational in character: love is always love of something, desire desire for something. Eros falls in that class of terms later described as ta pros ti, terms which have their meaning ‘toward’ something else. Furthermore, Eros lacks what it loves and desires to possess it: “everyone … who desires something desires what has (...) not been obtained and is not present; his love and desire are set on things he lacks, things he does not possess.” Desire implies privation. Agathon and Plato also agree that Eros is always in love with the beautiful ; as Agathon had earlier said, “the world was fashioned by the gods through love of beautiful things; for there is no love of the ugly.” It then follows that, since Eros is love of what it lacks, it cannot be beautiful or good, and since the gods possess both attributes, it cannot be divine. It is not, however, bad or ugly or mortal, but ‘intermediate’ between those attributes. (shrink)