Name der Zeitschrift: Semiotica Jahrgang: 2016 Heft: 209 Seiten: 99-123.

I will suggest, in this article, a possible explanation of the fact that legal language appears incoherent to the general public. I will present one legal text (an indictment), explaining why it appears incoherent to legal laypersons. I will argue that the traits making this particular text appear incoherent are, first, that a specialized legal meaning is conveyed implicitly and, second, that there are no key-words that could direct laypersons to the knowledge making this meaning obvious to legalists. I will (...) conclude that any legal text having these traits is likely to appear incoherent to the general public and suggest that the traits making my example appear incoherent might be rather common among the various texts of the various legal systems. On this suggestion there is no need to assume any causal relation between lawyers’ social interests and the apparent incoherence of legal language as it entails that this incoherence is inevitable. (I will argue that it is a result of the facts that legal language is ordinary language used, in the ordinary way, in the special context of the legal discourse.). (shrink)

Agnes Heller conversó con la Redacción de Areté el 24 de abril de 2003, durante una visita a la Universidad Católica para dictar la Lección Inaugural del Año Académico de la Facultad de Letras y Ciencias Humanas. En la conversación estuvieron presentes los profesores Pepi Patrón, Fidel Tubino y Miguel Giusti.

This essay explores the aesthetic sensibilities of the French physiologist Claude Bernard . In particular, it analyzes the Cahier Rouge , Bernard's acclaimed laboratory notebook. In this notebook, Bernard articulates the range of his experience as an experimental physiologist, juxtaposing without differentiation details of laboratory procedure and more personal queries, doubts, and reflections on experimentation, life, and art. Bernard's insights, it is argued, offer an aesthetic and phenomenological template for considering experimentation. His physiological point of view ranges from his own (...) bodily aesthesis or sensory perception, through personal reflections on scientific discovery as an artistic process, to a broader metaphysical conception of life as an artistic creation. Such an aesthetic approach to physiology enables Bernard to reconcile his empirical methodology and his romantic idealism; it offers the history of laboratory science a framework for considering the individual, bodily, and emotional labor inherent in physiological experimentation. (shrink)

Que savent les juristes? Que choisissent-ils d'ignorer? Travaillant avec le droit, ou sur lui, ils se dotent de connaissances qu'ils "vérifient" en tentant de se prémunir contre le risque d'erreur : quelles sont leurs sources d'information? Des théories sont accueillies avec enthousiasme ou avec réserve ; d'autres sont rejetées. Tels sont les phénomènes étudiés en épistémologie juridique. Le savoir des juristes, avocats, avoués, universitaires et autres enseignants du droit, greffiers, conseil d'entreprises... a ses lois et ses tendances, ses mouvements, ses (...) crises. (shrink)

This work studies manipulative use of language that can be called “deliberate failure of communication”; I characterize this kind of manipulation and show that it can be found in the discourse of marketing experts and legal professionals. Relying on relevance theory, I show that manipulation of this kind takes advantage of what van Dijk calls the “context model” of the addressees. I exemplify two ways in which the context models of some of the discourse’s participants might be misused in order (...) to manipulate them. One way is exemplified by a text from an advertisement, the other by a text from a criminal court file. I propose, finally, that the analysis supports van Dijk’s view that social, discursive, and epistemic inequalities reproduce one another in a kind of vicious circle. It suggests, in van Dijk’s terms, that manipulation by deliberate failure of communication is a discriminatory use of language employed by elite groups in order to reproduce their social power. (shrink)

According to Dascal, controversy is characterised by a special kind of rationality, one result thereof being the unique contribution of this kind of polemics to the growth of knowledge. This, in turn, implies that complete cooperation may be detrimental for the efficiency of communication. In this article I discuss the kind of rationality that characterises controversy in legal discourse, in order to provide additional support to Dascal’s thesis about the uniqueness of the rationality of this kind of polemic exchange. I (...) present empirical evidence supporting the conclusion that we may characterise the rationality inherent in controversy by its tolerance to inconsistency; I elucidate the tolerance to inconsistency of the rationality of legal polemic by showing that the norms recommended by the Israeli Supreme Court in the domain of conjugal relationships between men and women verge on inconsistency: On the one hand, the legal system defends the right of women over their bodies, including a woman’s right to establish a romantic relationship, regardless of the nature of the relationship she has with other men; on the other hand, the court acknowledges a man’s uncontrolled tendency to impose monogamous behaviour on his female partner. (shrink)

This essay analyzes the historical development of otology in relation to music. It illustrates the integral role of music perception and appreciation in the study of hearing, where hearing operates not simply as a scientific phenomenon but signifies particular meaningful experiences in society. The four historical moments considered—Helmholtz’s piano-keyed cochlea, the ear phonautograph, the hearing aid, and the cochlear implant—show how the sounds, perceptions, and instruments of music have mediated and continue to mediate our relationships with hearing. To have an (...) ear, one does not just bear a physiological hearing mechanism; one experiences the aesthetics of musical sound. (shrink)

The debate about the nature of modernity and postmodernity has become central to intellectual culture today. In this work, two distinguished social theorists make a distinctive contribution to this continuing discussion.

Agnes Arber's international reputation is due in part to her exceptional ability to interpret the German tradition of scholarship for the English-speaking world. The Mind and the Eye is an erudite book, revealing its author's familiarity with philosophy from Plato and Aristotle through Aquinas to Kant and Hegel; but it is not dull, because the quiet enthusiasm of the author shines through. In this book she turns from the work of a specialist in one science to those wider questions (...) which any scientist must ask at intervals. What, in short, is the relationship between the eye that sees and the mind that weighs and pronounces? An important feature of this Cambridge Science Classics reissue is the introduction provided by Professor P. R. Bell, who as a Cambridge botany student at the time that Agnes Arber was writing The Natural Philosopby of Plant Form, is uniquely able to set The Mind and the Eye in the context of contemporary biological research. (shrink)

Aspiration by Agnes Callard locates standing assumptions in the theory of rationality, moral psychology and autonomy that preclude the possibility of working to acquire new values. The book also explains what changes need to be made if we are to make room for this form of agency, which I call aspiration.

This paper critically engages with how life not worth living (LNWL) and cognate concepts are used in the field of beginning-of-life bioethics as the basis of arguments for morally requiring the application of preimplantation genetic diagnosis (PGD) and/or germline genome editing (GGE). It is argued that an objective conceptualization of LNWL is largely too unreliable in beginning-of-life cases for deriving decisive normative reasons that would constitute a moral duty on the part of intending parents. Subjective frameworks are found to be (...) more suitable to determine LNWL, but they are not accessible in beginning-of-life cases because there is no subject yet. Conceptual and sociopolitical problems are additionally pointed out regarding the common usage of clear case exemplars. The paper concludes that a moral requirement for the usage of PGD and GGE cannot be derived from the conceptual base of LNWL, as strong reasons that can be reliably determined are required to limit reproductive freedom on moral grounds. Educated predictions on prospective well-being might still be useful regarding the determination of moral permissibility of PGD and/or GGE. It is suggested that due to the high significance of subjective experience in the normativity of beginning-of-life bioethics, the discipline is called to more actively realize the inclusion of people with disabilities. This regards for instance research design, citation practices, and language choices to increase the accessibility of societal debates on the reproductive ethics of genetic technologies. (shrink)

A lively debate in the literature on moral progress concerns the role of practical reasoning: Does it enable or subvert moral progress? Rationalists believe that moral reasoning enables moral progress, because it helps enhance objectivity in thinking, overcome unruly sentiments, and open our minds to new possibilities. By contrast, skeptics argue that moral reasoning subverts moral progress. Citing growing empirical research on bias, they show that objectivity is an illusion and that moral reasoning merely rationalizes pre-existing biased moral norms. In (...) this article, I argue that both the rationalists and the skeptics fail to understand fully the role of practical reasoning by focusing exclusively on moral reasoning to the neglect of social reasoning. In the first half of the article, I argue against the skeptics by vindicating moral reasoning. I identify a Democratic Model of moral reasoning which is reliable and effective in overcoming bias. In the second part of the article, I argue against the rationalists. Drawing on a paradigmatic case of moral progress, i.e., the British abolition of the slave trade, I illustrate that moral reasoning, even when sound, is insufficient to motivate progressive action. The explanation for this puzzling phenomenon is not that the moral norm against cruelty is inert, as skeptics might suggest. Rather, it is that the moral norm against cruelty was overridden by the social norm of slavery which was tied to the British joint commitments to freedom and national honour. The debate between rationalists and skeptics centers around the moral rationality of human action, failing to recognize that human action is in fact primarily about social rationality. I defend a joint commitment account of social rationality, and offer a novel Communitarian Model of social reasoning which follows the logic of social rationality to revise social norms. I defend the reliability and efficacy of the Communitarian Model of social reasoning by applying it to the abolitionist social movement to show how Britons gave fellow Britons social reasons grounded in their joint commitments to freedom and national honour to end slavery. (shrink)

Le particulier qui s'adresse à un avocat, ou qui lit la décision de justice rendue pour ou contre lui, éprouve un étrange sentiment : les " vraies " questions qu'il avait posées semblent avoir été escamotées. Elles n'ont pas reçu de réponse. Le juriste semble détenir les réponses aux questions que se pose le justiciable ; c'est ce qui le définit en quelque sorte et justifie son intervention. Il les puise notamment dans la loi et dans les décisions judiciaires. La (...) réalité est moins simple. Entre questions et réponses en droit s'instaure un jeu complexe et subtil. Les questions risquent fort de s'y perdre tant elles sont préparées, codées, dirigées par les " réponses " supposées en attente. La qualité du savoir des juristes dépend de leur aptitude à sauvegarder les questions, à ne pas les laisser s'émousser et disparaître sous l'emprise de notions, de catégories et de qualifications qui les recouvrent. Le retour aux questions de droit passe par la redécouverte du temps propre au savoir juridique et à sa sédimentation. Loin de la dogmatique juridique, il y a lieu de penser le droit et les lois comme des réponses. Les questions sont à poser en situation. (shrink)

Written by one of the most influential figures in post-World-War-II social thought, _A Theory of Modernity_ is a comprehensive analysis of the main dynamics of modernity, which discusses the technological, social and political elements of modernism.

Müller proposes a position-taking theory to account for the manifest image of emotional feelings as “feelings towards”. He reduces the process of position-taking to goal-based construal, which is akin to the stimulus-goal comparison process central in appraisal theories. Although this reduction can account for the heat of emotional feelings and the intuition that non-linguistic organisms can also have feelings, it may fail to keep the position-taking aspect on board. Moreover, the image of emotional feelings as active position-takings may itself be (...) questioned and replaced with a passive image. I end by acknowledging that a passive image is still compatible with an active underlying mechanism as is the case in appraisal theories but even more so in the goal-directed theory. (shrink)

INTRODUCTION Is there a * Renaissance ideal of man'? The consciousness that man is a historical being is a product of bourgeois development ; the condition ...

Many appraisal theories claim that appraisal causes emotion. Critics have rejected this claim because they believe (a) it is incompatible with the claim that appraisal is a part of emotion, (b) it is not empirically supported, (c) it is circular and hence nonempirical, and (d) there are alternative causes. I reply that (a) the causal claim is incompatible with the part claim on some but not all interpretations of the causal claim and the part claim, (b) the lack of empirical (...) support can be remedied, (c) there may even be ways to cope with the circularity problem, and (d) it is unclear to what extent the alternative causes differ from appraisal. (shrink)

Background The involvement of pregnant women in vaccine clinical trials presents unique challenges for the informed consent process. We explored the expectations and experiences of the pregnant women, spouses/partners, health workers and stakeholders of the consent process during a Group B Streptococcus maternal vaccine trial. Methods We interviewed 56 participants including pregnant women taking part in the trial, women not in the trial, health workers handling the trial procedures, spouses, and community stakeholders. We conducted 13 in-depth interviews and focus group (...) discussions with 23 women in the trial, in-depth interviews with 5 spouses, and 5 women not in the trial, key informant interviews with 5 health workers and 5 other stakeholders were undertaken. Results Decision-making by a pregnant woman to join a trial was done in consultation with spouse, parents, siblings, or trusted health workers. Written study information was appreciated by all but they suggested the use of audio and visual presentation to enhance understanding. Women stressed the need to ensure that their male partners received study information before their pregnant partners joined a clinical trial. Confidentiality in research was emphasised differently by individual participants; while some emphasised it for self, others were keen to protect their family members from being exposed, for allowing them to be involved in research. However, others wanted their community participation to be acknowledged. Conclusion We found that pregnant women make decisions to join a clinical trial after consulting with close family. Our findings suggest the need for an information strategy which informs not only the pregnant woman, but also her family about the research she is invited to engage in. (shrink)

An Ethics of Personality d addresses the ultimate question of modern ethics: how is morality possible after the `death of God'. It is the closing volume - General Ethics d and Philosophy of Morals d - of Agnes Heller's trilogy A Theory of Morals. d.

This article critically assesses contemporary empirical educational research, directing attention toward overlooked facets of pedagogical practice. Here, Agnes Pfrang and Daniel Castner raise questions about predominant psychological approaches to empirical educational research, instead advocating for a holistic viewpoint that encompasses the subtleties of educational situations and experiences. They highlight the learning atmosphere and pedagogical relationships as crucial dimensions often neglected by researchers. By delving into the historical evolution of the relationship between educational research and empirical pedagogy, the article underscores (...) the ramifications of an increasing emphasis on evidence-based approaches. It contends that conventional control measures, focused on performance metrics and rankings, inadequately encapsulate the essence of pedagogy. Pfrang and Castner call for a paradigm shift, urging a more comprehensive and context-sensitive framework in both educational research and practice. This article serves as a rallying cry for a nuanced understanding that embraces the multifaceted nature of educational interactions, advocating for a move away from traditional metrics and toward more inclusive perspectives. (shrink)

This paper seeks to determine the extent to which individuals with borderline personality disorders can be held morally responsible for a particular subset of their actions: disproportionate anger, aggressions and displays of temper. The rationale for focusing on these aspects lies in their widespread acknowledgment in the literature and their plausible primary association with blame directed at BPD patients. BPD individuals are indeed typically perceived as “difficult patients” (Sulzer 2015, Bodner et al. 2011), significantly more so than schizophrenic or depressive (...) patients (Markam 2003). The “responsibility question” for patients with BPD has already been raised (Martin 2010, Zachar & Potter 2009, Bray 2003), but this paper tackles it from a novel perspective. First, I narrow down the category of things for which the responsibility question is specific to individual with BPD. After that, I argue that some of the diagnosis criteria of BPD such as emotional instability or impulsivity might serve as excusing factors targeting the “control condition” on moral responsibility. Second, this paper also considers another widely accepted condition on moral responsibility: the epistemic condition. The view defended in the paper is that the answer to the responsibility question for individuals with BPD, concerning both the control condition and the epistemic condition, hinges on an understanding of their epistemic profile. (shrink)

Practical reason is the means by which beliefs and desires come together to produce actions. Practical rationality is difficult because we have many beliefs and many desires, and they often pull us in conflicting directions. The theory of practical reason must explain the fact that desires can conflict with one another, and the fact that we can act against our all‐things‐considered judgment (weakness of will, akrasia, and incontinence). The standard explanation of these facts invokes some form of partitioning among desires. (...) Davidson's view creates, by contrast, a partition within practical reason itself. He distinguishes between forms of rationality that are constitutive of action, and forms of rationality that are normative standard from which action can fall short. Davidson's “principle of continence,” a rule against weakness of will, is such a principle: it is required for acting well, but not for acting. (shrink)

Name der Zeitschrift: Archiv für Geschichte der Philosophie Jahrgang: 99 Heft: 1 Seiten: 31-63.

Recognition memory performance reflects two distinct memory processes: a conscious process of recollection, which allows remembering specific details of a previous event, and familiarity, which emerges in the absence of any conscious information about the context in which the event occurred. Slow wave sleep and rapid eye movement sleep are differentially involved in the consolidation of different types of memory. The study assessed the effects of SWS and REM sleep on recollection, by means of the “remember”/”know” paradigm. Subjects studied three (...) blocks of 12 words before a 3-h retention interval filled with SWS, REM sleep or wakefulness, placed between 3 a.m. and 6 a.m. Afterwards, recognition and recollection were tested. Recollection was higher after a retention interval rich in SWS than after a retention interval rich in REM sleep or filled with wakefulness. The results suggest that SWS facilitates the process of recollection in recognition memory. (shrink)

Le Japon est le premier producteur de jeux vidéo à l’eau de rose. Appelés « jeux pour jeunes filles » (otome gēmu), ils proposent des gammes de « beaux gosses » formatés sur le modèle du prédateur, entraînant l’héroïne dans une histoire d’amour proche du rapt. Les scénarios reposent sur la mise en scène d’une perte de pouvoir, où la joueuse renonce à son libre arbitre. Les personnages les plus agressifs sont « irrésistibles », expliquent les fans qui désirent être (...) « prises au piège ». En étudiant ces jeux et les tensions qu’ils révèlent, j’espère éclairer les dynamiques sociales dont ils reproduisent, et déconstruisent, les logiques. Ils sont indissociables du contexte qui les a vu naître : celui d’une baisse record du nombre de mariages et de naissances, pour lesquelles les autorités désignent comme coupables les « personnes qui vivent seules » (o‑hitori‑sama). Pourquoi préfèrent-elles des partenaires fictifs aux hommes de chair et d’os? J’y vois l’expression d’une ambivalence à l’égard du mariage, désiré mais redouté. (shrink)