Why should interpretation of conceptual schemes and practices across traditions work at all? In this paper we present the following necessary conditions of possibility for interpretation in comparative and Chinese philosophy: the interpreter must presuppose that there are mutually recognizable human practices; the interpreter must presuppose that “the other” is, on the whole, sincere, consistent, and right; the interpreter must be committed to certain epistemic virtues. Some of these necessary conditions are consistent with the fact that interpretation (...) is not thwarted by the “danger” of relativism or of incommensurability. Some other conditions are suggestive of reorientations of methodologies of comparative and Chinese philosophy. (shrink)

A Theory of Interpretation of the European Convention on Human Rights provides a philosophically informed study of the methods of interpretation used by the European Court of Human Rights in Strasbourg. By drawing on Anglo-Americal legal, political and moral philosophy, the book also aims to provide a normative theory of the foundations of the ECHR rights.

Exploring Ricoeur’s hermeneutic theory of interpretation as a method of analysing research texts Increasingly, researchers use hermeneutic philosophy to inform the conduct of interpretive research. Congruence between the philosophical foundations of a study, and the methodological processes through which study findings are actualised, obliges hermeneutic researchers to use (or develop) hermeneutic approaches to research interviewing and textual analysis. Paul Ricoeur’s theory of interpretation provides one approach through which researchers using hermeneutics can achieve congruence between philosophy, methodology (...) and method.Ricoeur’s theory of interpretation acknowledges the interrelationship between epistemology (interpretation) and ontology (interpreter). Also, Ricoeur notes the way interpretation moves forward from naive understanding, where the interpreter has a superficial grasp of the whole of the text, to deeper understanding, where the interpreter understands the parts of the text in relation to the whole and the whole of the text in relation to its parts (the hermeneutic circle). In this way, Ricoeur’s theory of interpretation provides researchers with a method of developing intersubjective knowledge.Through exposition of the concepts of Ricoeur’s theory, which include distanciation, appropriation, explanation and understanding, guess, and validation, a hermeneutic approach to textual analysis is presented, discussed and critiqued. Examples from nursing research are also used to demonstrate points under discussion. It is suggested that, in conjunction with Gadamer’s hermeneutic of understanding, Ricoeur’s theory of interpretation warrants consideration as a method of textual analysis. (shrink)

Critics and artists claim the title of 'interpreter' for themselves. Scientists do not so readily describe themselves in this way. But is the formulation of explanatory hypotheses in science so different from the interpretive work of artists? Making Sense recognizes that whenever interpretation occurs there may be a plurality of competing successful interpretations. It offers a philosophical theory that views the interpretive enterprise as an attempt to make sense of things by representing them in ways that can be (...) accommodated within various significance-systems. (shrink)

This paper points to a more viable theory of interpretation on the basis of opposing the missteps in Arthur Danto’s theory. By noting the incongruities in Danto’s theories of art and interpretation, a theory of interpretation emerges which unifies its varieties on the basis of the view of the human person as a culturally embodied and enlanguaged primate. A feature notably absent from Danto’s own account.

Constitutional Law has undergone many changes since post World War II and its reflex has been felt in all other legal areas. However, little attention has been given to Legal Theory after these constitutional transformations. The present study discusses multiple aspects of such implications. After presenting what is understood by neoconstitutionalism, a correlation is drawn with changes in constitutional interpretation. A new element – defeasibility – is then placed as a necessary counterpoint between deliber- ating constitutional principles and (...) the theory of norms. Only if we take defeasibility into account and understand that constitutional interpretation has undergone certain changes, one is able to grasp the important tenets of neoconstitutionalism.Resumen:El derecho constitucional ha sufrido muchos cambios después de la Segunda Guerra Mundial y sus consecuencias se han manifestado en otras áreas del derecho. Sin embargo, poca atención se le ha dado a la teoría jurídica después de estos cambios constitucionales. Este estudio investiga varios descubrimientos de estas implicaciones. Después de presentar lo que se entiende por neoconstitucionalismo, se avanza una correlación con los cambios en la interpretación constitucional. Un nuevo elemento —derrotabilidad— se presenta como una contrapartida necesaria entre la deliberación de los principios constitucionales y las enseñanzas de la teoría de las normas. Sólo a través de la derrotabilidad y el entendimiento de que la interpretación constitucional ha sufrido ciertos cambios, puede uno entender uno de los grandes postulados del neoconstitucionalismo. (shrink)

INTRODUCTION The present volume is a study of the extant commentaries on a number of Plato's dialogues which were written by Neoplatonist philosophers of ...

Abstract Theories of descriptions tend to involve commitments about the ambiguity of descriptions. For example, sentences containing descriptions are widely taken to be ambiguous between de re , de dicto , and intermediate interpretations and are sometimes thought to be ambiguous between the former and directly referential interpretations. I provide arguments to suggest that none of these interpretations are due to ambiguities (or indexicality). On the other hand, I argue that descriptions are ambiguous between the above family of interpretations and (...) what may be called ‘institutional’ as well as generic interpretations. My arguments suggest that an adequate theory of descriptions may require considerable rethinking. Most contemporary theories of descriptions appear to be committed to one or more claims about the ambiguity of descriptions that I reject in this paper. I suggest that my observations provide a reason to renew efforts to develop a theory of descriptions within a representationalist theory of interpretation. Content Type Journal Article Pages 1-16 DOI 10.1007/s11098-011-9759-5 Authors Philipp Koralus, Philosophy Department, Princeton University, 212 1879 Hall, Princeton, NJ 08544, USA Journal Philosophical Studies Online ISSN 1573-0883 Print ISSN 0031-8116. (shrink)

Why should interpretation of conceptual schemes and practices across traditions work at all? In this paper we present the following necessary conditions of possibility for interpretation in comparative and Chinese philosophy: the interpreter must presuppose that there are mutually recognizable human practices; the interpreter must presuppose that “the other” is, on the whole, sincere, consistent, and right; the interpreter must be committed to certain epistemic virtues. Some of these necessary conditions are consistent with the fact that interpretation (...) is not thwarted by the “danger” of relativism or of incommensurability. Some other conditions are suggestive of reorientations of methodologies of comparative and Chinese philosophy. (shrink)

This paper reexamines the central thesis of Gadamer’s theory of interpretation that objectivity is not a suitable ideal for understanding a text, historical event or cultural phenomenon because there exists no one correct interpretation of such phenomena. Because Gadamer fails to make clear the grounds for this claim, I consider three possible arguments. The first, predominant in the secondary literature, is built on the premise that we cannot surpass our historically situated prejudgments. I reject this argument as (...) insufficient. I also reject a second argument concerning the heuristics of understanding. I then articulate a third argument that the object of understanding changes according to the conditions under which it is grasped. I appeal to the notion of relational properties to make sense of this claim and to defend it against two objections: that it conflates meaning and significance; and that it is saddled with an indefensible relativism. (shrink)

Within the caring science paradigm, variations of a method of interpretation inspired by the French philosopher Paul Ricoeur's theory of interpretation are used. This method consists of several levels of interpretation: a naïve reading, a structural analysis, and a critical analysis and discussion. Within this paradigm, the aim of this article is to present and discuss a means of creating distance in the interpretation and the text structure by using narration in a poetic language linked (...) to the meaning of the text. Ricoeur's ‘Hermeneutical function of distanciation’ will be introduced, and this concept of distanciation will be illustrated with reference to narrations from a study of patient's life experiences living with chronic illness and home mechanical ventilation in Denmark. Distanciation in the interpretation objectifies the text, and narration in a poetic language creates a particular kind of mediation in the interpretation. That narration represents an interpreted understanding of the whole, which facilitates an appropriate and evocative presentation of the interpreted data. This way of objectifying the text through narration can contribute yet another perspective to Ricoeur's rich and varied theory of interpretation. (shrink)

In his new book the eminent Kant scholar Henry Allison provides an innovative and comprehensive interpretation of Kant's concept of freedom. The author analyzes the concept and discusses the role it plays in Kant's moral philosophy and psychology. He also considers in full detail the critical literature on the subject from Kant's own time to the present day. In the first part Professor Allison argues that at the centre of the Critique of Pure Reason there is the foundation for (...) a coherent general theory of rational agency. The second part employs this account of rational agency as a key to understanding Kant's concept of moral agency and associated moral psychology. The third part focuses on Kant's attempt to ground both moral law and freedom in the Groundwork and the Critique of Practical Reason. This is a major contribution to the interpretation of Kant which will be of special interest to scholars and graduate students of Kant's moral theory. (shrink)

In this paper I test major analytic theories of interpretation, including anti-intentionalism, the value-maximizing theory, actual intentionalism, and hypothetical intentionalism, against Li Shang-yin’s poem ‘The Ornamented Zither’. I argue that, based on the results of the test, all of these theories face grave difficulties. If their supporters want their accounts to be sustained in the debate over interpretation, they need to address the worries I raise.

Cultural evolutionary theory has been alternatively compared to a theory of forces, such as Newtonian mechanics, or the kinetic theory of gases. In this article, I clarify the scope and significance of these metatheoretical characterisations. First, I discuss the kinetic analogy, which has been recently put forward by Tim Lewens. According to it, cultural evolutionary theory is grounded on a bottom-up methodology, which highlights the additive effects of social learning biases on the emergence of large-scale cultural (...) phenomena. Lewens supports this claim by arguing that it is a consequence of cultural evolutionists’ widespread commitment to population thinking. While I concur with Lewens that cultural evolutionists often actually conceive cultural change in aggregative terms, I think that the kinetic framework does not properly account for the explanatory import of population-level descriptions in cultural evolutionary theory. Starting from a criticism of Lewens’ interpretation of population thinking, I argue that the explanatory role of such descriptions is best understood within a dynamical framework—that is, a framework according to which cultural evolutionary theory is a theory of forces. After having spelled out the main features of this alternative interpretation, I elucidate in which respects it helps to outline a more accurate characterisation of the overarching structure of cultural evolutionary theory. (shrink)

The paper is a discussion of the interpretation of game theory. Game theory is viewed as an abstract inquiry into the concepts used in social reasoning when dealing with situations of conflict and not as an attempt to predict behavior. The first half of the paper..

The author constructs a philosophy of nature dealing with being, identity, value, space, time, motion, and causality, and uses that as a basis for a theory of hermeneutics to address contemporary problems of interpretation.

This article offers an interpretation of Schelling's theory of ideas within his philosophy of identity, arguing that it should be understood as a theory of the intelligibility of being—that is, the capacity for the world to be meaningfully articulated in thought. By placing Schelling's ideas into dialogue with Wittgenstein's Tractatus Logico -Philosophicus, the author aims to show how Schelling's philosophy might provide valuable insights for contemporary analytic interpretations of German idealism. Schelling's notion of ideas encompasses three key (...) features: (1) they express the principle of identity as the foundation of reality, (2) they constitute totalities or self-contained universes, and (3) they are individuals that are unified within a single totality. The author explains these features and demonstrates how they jointly establish the conditions necessary for the possibility of meaning and coherent thought. (shrink)

The unique problem of lost territory poses one of the most important and complex challenges of compensating for loss and damage due to anthropogenic climate change. Anthropogenic climate change will cause a significant increase in the sea level for centuries to come. A rising sea level endangers many low‐lying coastal areas but also entire states. However, the inundation of an entire state will remain a rare event. Partial loss of territory will be far more pervasive. As measured by the number (...) of states, the area of land, and, in particular, the number of people affected, the phenomenon of partial territorial loss is much more significant. I address this from the perspective of compensatory justice. In particular, I offer (i) background on basic concepts, (ii) an overview and critique of existing accounts, and propose (iii) a novel interpretation of territory as well as (iv) a corresponding criterion of a duty to compensate before (v) I flesh out the overall theory, (vi) take into consideration implications and details of application, and (vii) respond to potential objections. (shrink)

In his Problems of Philosophy, Bertrand Russell distinguished knowledge by acquaintance and knowledge of truths. This paper argues for a new interpretation of the relationship between these two species of knowledge. I argue that knowledge by acquaintance of an object neither suffices for knowledge that one is acquainted with the object, nor puts a subject in a position to know that she is acquainted with the object. These conclusions emerge from a thorough examination of the central role played by (...) attention in Russell's theory of knowledge. Attention bridges the gap between knowledge by acquaintance and our capacity to form judgements about the objects of acquaintance. (shrink)

Kant's theory of cognition centrally builds on his conception of self‐consciousness and the transcendental use of the phrase “I think”: the ability to add the phrase “I think” to a representation is a necessary condition of the ability to cognize objects. The paper argues that “I think”, rather than denoting the content of a predicative judgement, is typically an expression of the subject's thinking. It expresses a kind of self‐consciousness that, without assertively representing the subject itself, indicates that representational (...) contents are unified in a single consciousness of a single subject. Our aim is thus to develop and defend an expressivist interpretation of Kant's “I think”. (shrink)

The leading models of disability struggle to fully encompass all aspects of “disability.” This difficulty arises, the author argues, because the models fundamentally misunderstand the nature of disability. Current theoretical approaches to disability can be understood as “nounal,” in that they understand disability as a thing that is caused or embodied. In contrast, this paper presents an adverbial perspective on disability, which shows that disability is experienced as a personally irremediable impediment to daily-living tasks or goals-like-ours. The picture theory (...) of disability technically constitutes a species of relational approach because its analysis references the interplay between an individual and their environment; it differs from other relational accounts, however, by interpreting disability as a certain kind of negative experience—rather than a function of that relationship. This purely descriptive theory makes no normative claims about disability and operates as both a mechanism for the evaluation of the experience of disability and a heuristic device for the proper interpretation of disability. When disability is reframed in this way, the theory offers a particularist perspective which shows if, when, where, and how disability is experienced. (shrink)

Michael Wedin argues against the prevailing notion that Aristotle's views on the nature of reality are fundamentally inconsistent. According to Wedin's new interpretation, the difference between the early theory of the Categories and the later theory of the Metaphysics reflects the fact that Aristotle is engaged in quite different projects in the two works--the earlier focusing on ontology, and the later on explanation.

This paper proposes a theoretical approach to discuss the relations among reality, chemists’ interactions with it, and the resulting interpretation and representation of the acquired scientific knowledge. Taking into account that such relations are of semiotic nature, this paper aims at discussing in the light of Peirce’s theory of signs different descriptions of chemical activity and chemical education proposed by Alex Johnstone and elaborated by other science educators. In order to discuss the contributions and limitations of the proposed (...) theoretical framework, and considering its potential interest for chemical education, an example on the communication strategies for the content ‘vapour pressure’ found in twentieth-century general chemistry university textbooks is also presented. (shrink)

Some naturalistic philosophers of mind subscribing to the predictive processing theory of mind have adopted a realist attitude towards the results of Bayesian cognitive science. In this paper, we argue that this realist attitude is unwarranted. The Bayesian research program in cognitive science does not possess special epistemic virtues over alternative approaches for explaining mental phenomena involving uncertainty. In particular, the Bayesian approach is not simpler, more unifying, or more rational than alternatives. It is also contentious that the Bayesian (...) approach is overall better supported by the empirical evidence. So, to develop philosophical theories of mind on the basis of a realist interpretation of results from Bayesian cognitive science is unwarranted. Naturalistic philosophers of mind should instead adopt an anti-realist attitude towards these results and remain agnostic as to whether Bayesian models are true. For continuing on with an exclusive focus and praise of Bayes within debates about the predictive processing theory will impede progress in philosophical understanding of scientific practice in computational cognitive science as well as of the architecture of the mind. (shrink)

After the theory of evolution was put forward by Charles Darwin, it has been interpreted in terms of different philosophical paradigms. The most important of these interpretations stand out as the intelligent designers and the naturalist school, which represent two separate poles. The intelligent design school claims that the process of existence of living things depends on very special and sensitive variables, and that this sensitive process is too complex to be explained by naturalistic reasons, and that the (...) class='Hi'>theory of evolution was designed only by a supernatural, transcendent power. The naturalist school, on the other hand, claims that the evolution process can only be explained by natural causes and therefore there will be no need for a transcendental power. Biologist Richard Dawkins, one of the most important representatives of the naturalist school, tries to show how evolution can be explained by natural causes, based on the concept of natural selection introduced with the theory of evolution. In this research, we focused on how Dawkins explained the theory of evolution from a naturalistic perspective and examined the consistency of his conclusion on the axis of the naturalistic school paradigm that Dawkins followed. By presenting Dawkins' theory of evolution from a naturalist perspective, the position of the theory of evolution, which stands out as a scientific theory, on theological and metaphysical phenomena will be understood. At the same time, the way the naturalistic paradigm deals with scientific phenomena will be explained, based on the example of the theory of evolution. (shrink)

This article considers the validity and strength of Richard Rorty’s pragmatist theory of interpretation in the light of two ethical issues related to literature and interpretation. Rorty’s theory is rejected on two grounds. First, it is argued that his unrestrained account of interpretation is incompatible with the distinctive moral concerns that have been seen to restrict the scope and nature of valid approaches to artworks. The second part of the paper claims that there is no (...) indispensable relationship between supporting Rorty’s pragmatist theory of interpretation and the important place that is attached to literature in the liberal society outlined by him. A reading of Donald Davidson’s texts on literary language and interpretation implies that an intentionalist theory of interpretation can accommodate those features that Rorty values in literature as well. (shrink)

This chapter contains section titled: Conceptual Issues of Art Interpretation Ontology of Interpretation Notes.

We prove that a variant of Robinson arithmetic $\mathsf{Q}$ with nontotal operations is interpretable in the theory of concatenation $\mathsf{TC}$ introduced by A. Grzegorczyk. Since $\mathsf{Q}$ is known to be interpretable in that nontotal variant, our result gives a positive answer to the problem whether $\mathsf{Q}$ is interpretable in $\mathsf{TC}$. An immediate consequence is essential undecidability of $\mathsf{TC}$.

Peirce's Sign Theory, or Semiotic, is an account of signification, representation, reference and meaning. Although sign theories have a long history, Peirce's accounts are distinctive and innovative for their breadth and complexity, and for capturing the importance of interpretation to signification. For Peirce, developing a thoroughgoing theory of signs was a central philosophical and intellectual preoccupation. The importance of semiotic for Peirce is wide ranging. As he himself said, “[…] it has never been in my power to (...) study anything,—mathematics, ethics, metaphysics, gravitation, thermodynamics, optics, chemistry, comparative anatomy, astronomy, psychology, phonetics, economics, the history of science, whist, men and women, wine, metrology, except as a study of semiotic”. (SS 1977, 85–6). Peirce also treated sign theory as central to his work on logic, as the medium for inquiry and the process of scientific discovery, and even as one possible means for 'proving' his pragmatism. Its importance in Peirce's philosophy, then, cannot be underestimated. -/- Across the course of his intellectual life, Peirce continually returned to and developed his ideas about signs and semiotic and there are three broadly delineable accounts: a concise Early Account from the 1860s; a complete and relatively neat Interim Account developed through the 1880s and 1890s and presented in 1903; and his speculative, rambling, and incomplete Final Account developed between 1906 and 1910. The following entry examines these three accounts, and traces the changes that led Peirce to develop earlier accounts and generate new, more complex, sign theories. However, despite these changes, Peirce's ideas on the basic structure of signs and signification remain largely uniform throughout his developments. Consequently, it is useful to begin with an account of the basic structure of signs according to Peirce. (shrink)

Decision theory aims at explaining and predicting rational choice behavior. But ample empirical evidence suggests that descriptively, people’s actual choices do not conform to its predictions in various ways. Some of the counter-evidence, such as anomaly cases proposed by Amartya Sen, challenges even the normative adequacy of decision theory. My dissertation defends it as a normative theory while also offering a novel explanation of why it fails descriptively. Contrary to the Sen-style critique, I argue that decision (...) class='Hi'>theory is unimpeachable as a norm or logic of choice. Human decisions do not range over the kinds of objects that philosophers and economists normally assume that they range over. Instead, they range over much finer grained outcomes, what I call “holistic outcomes.” A holistic outcome reflects everything that affects a decision, including the full range of one’s values and the particularities of a choice context. Appreciating that decisions are made over holistic possibilities has important consequences for how we understand decision theory both as a normative and descriptive theory. My dissertation aims at establishing that objects of preference are fine-grained and that human decisions range over holistic outcomes, and then tracing out the consequences of this insight. (shrink)

This paper provides an assessment of the bodily-attitudinal theory of emotions, according to which emotions are felt bodily attitudes of action readiness. After providing a reconstruction of the view and clarifying its central commitments two objections are considered. An alternative object side interpretation of felt action readiness is then provided, which undermines the motivation for the bodily-attitudinal theory and creates problems for its claims concerning the content of emotional experience. The conclusion is that while the bodily-attitudinal (...) class='Hi'>theory marks out a distinctive proposal concerning the question of what emotions are, there remain significant issues which need addressing if it is to be a plausible competitor to existing theories of emotion. (shrink)

In his theory of interpretation, Peirce’s attention is drawn to the work of “mind,” especially its appropriation of signs. Mind interprets nature by using signs in every form of inquiry. Based on his three categories, Peirce defines interpretation as a determinate process of interpretations of interpretations. Communicative process thus means, instead of just being determined as an interpretant by an object, that the interpreter is determined by a “communicative effort.” In the communicative effort, for Peirce, temporal unit (...) is the necessary condition of meaning. In other words, in order to mean something, the communicative effort has to be performed in a continuum from a past to a future. Concealed possibilities can be actualized when the continuum is “broken,” genuinely divided. Peirce truly acknowledges that the possibility can be actualized when it is broken into parts. (shrink)

This is a book about Aristotle's philosophy of language, interpreted in a framework that provides a comprehensive interpretation of Aristotle's metaphysics, philosophy of mind, epistemology and science. The aim of the book is to explicate the description of meaning contained in De Interpretatione and to show the relevance of that theory of meaning to much of the rest of Aristotle's philosophy. In the process Deborah Modrak reveals how that theory of meaning has been much maligned. This is (...) a major reassessment of an underestimated aspect of Aristotle that will be of particular interest to classical philosophers, classicists and historians of psychology and cognitive science. (shrink)

This paper provides an interpretation of the Routley-Meyer semantics for a weak negation-free relevant logic using Israel and Perry's theory of information. In particular, Routley and Meyer's ternary accessibility relation is given an interpretation in information-theoretic terms.

This is a longer version of the paper published as 'Wittgenstein, Davidson, and Radical Interpretation. In everyday life we understand one another's utterances and actions, and hence interpret one another's linguistic and non-linguistic behaviour, with remarkable certainty, precision, and accuracy; and understanding of this kind seems basic to much else. Our interactions with others are mediated by interpretation of their actions, including speech; and much of what we regard ourselves as knowing is registered in language, or understood through (...) our use of it. In taking ourselves to understand a scientific theory, for example, we also take ourselves to understand, and so to be able to interpret, the linguistic behaviour of those who propound it; and again in describing our thoughts and feelings, we assume that we understand the terms in which we do so, and in such a way as to be answerable to others' interpretation of them. In this epistemic perspective the reach of intepretive understanding seems to approach that of language itself; and there seems nothing we understand better than our own language, and in that sense ourselves. (shrink)

Chapter 1: An Introduction: The ‘Semantic Sting’ Argument Describes Dworkin’s theory as concerning the conditions of legal validity. “A legal system is a system of norms. Validity is a logical property of norms in a way akin to that in which truth is a logical property of propositions. A statement about the law is true if and only if the norm it purports to describe is a valid legal norm…It follows that there must be certain conditions which render certain (...) norms, but not others, legally valid. Hence it also follows that there can be two types of disagreement over the truth or falsehood of propositions about the law. People can disagree over the question ‘What are the conditions of legal validity?’, in which case their disagreement is a theoretical one. Or they can agree on the conditions of validity, and disagree as to whether or not those conditions actually obtain in a given case or not.” Argues that the best way to interpret Dworkin’s ‘semantic-sting argument’ is as a general argument against conventionalism in legal positivism. Summarizes the outcome of Dworkin’s argument as follows: “[I]f Dworkin is right about the legal reasoning of lawyers and judges, conventionalism would be self-defeating: if lawyers and judges recognize as legally binding not only those norms which are uncontroversially identifiable under the Rule of Recognition, that is, if what they recognize as binding is not only source-based law, then conventionalism turns out to be false on its own terms. In other words, either law is not what lawyers and judges think that it is, in which case law is not a matter of conventions, or – if it is what lawyers and judges think – conventionalism is false, as they do not see the law as purely a matter of conventions.” Dworkin’s theory, then, is a new conception of jurisprudence aiming to present itself as a rival to conventionalism. The book will be concerned with re-examining positivism in light of the interpretative challenge. Chapter 2: Meaning and Interpretation “[R]oughly, interpretation can be defined as an understanding or explanation of the meaning of an object.” Interpretation in this narrow sense is distinct from a less formal and broader use of interpretation that makes it equivalent to explanation. “Hence also, only those objects which are capable of bearing some meaning qualify as objects of interpretation.” [Why shouldn’t we think of interpretation as object-identification? This seems to be closer to what Dworkin has in mind.] Thus, a consideration of the philosophical work on meaning is appropriate. First, a consideration of Davidson on interpretation. The thesis is that Davidson’s “radical interpretation” can only account for sentence meaning and not for linguistic interpretation in general. Davidson cannot account for the non-rule-governed aspects of communication. “Semantics, as opposed to interpretation, concerns those aspects of communication which are rule or convention governed…but such rules are normally unavailable as reasons or justifications for an interpretation. On the contrary, interpretation is usually required because the issue is not determined by rules or conventions.” Interpretation, rather, is parasitic with understanding the meaning of an expression and not equivalent with it. As Dummett notes, any reflection on the meanings of words assumes prior knowledge of ordinary meanings. “This leads to the conclusion that understanding or explaining the meaning of an expression and interpreting it, are two conceptually separate things. It also indicates that seman ics can only be employed, if at all, to elucidate the concept of interpretation by way of contrast: interpretation concerns those aspects of communication which are under-determined by semantic rules or conventions.” Pragmatics, the study of problems posed by discrepancies between utterer’s meaning and sentence meaning, would seem to be closer to inquiry into interpretation. Both are concerned with understanding how meaning is possible where conventional rules leave off. Contemporary pragmatics, moreover, recognizes the logically indeterminate character of communicative inferences beyond conventional meaning and that the contextual conditions that account for the possibility cannot be realized in the semantic structure of the sentence. However, different criteria of success may be at work in pragmatics than interpretation. Pragmatics is concerned with how communication is achieved and thus the criteria of success would be grasping a speaker’s intentions. Many think, however, that communication is unimportant in certain spheres of communication, e.g. artistic interpretation, and that in these cases the aim of interpretation is not to uncover the actual artist’s intentions. What kind of meaning is interpretation aimed at then? It cannot be the meaning the object has for the interpreter. “Interpretation purports to be a statement about the object interpreted, not about the subject who offers the interpretation…it is crucial to remember that not everything we say about a work of art, or any other text, amounts to an interpretation of it. Only those aspects of a text which can shed light on its meaning form part of the text’s interpretation. What the text means for someone rarely entails anything about what the text means.” [This is puzzling to some extent for it remains somewhat ambiguous what it means to talk of subject-independent meaning.] Interpretive meaning attribution is, rather, counterfactual. “In general, I will suggest that the answer to this question consists in the fact that meaning is assigned by a counterfactual statement. Given that x is the meaning attributed to, for instance a text T, and x is not the literal meaning of T, nor is it the meaning of T intended by its author, then the attribution of meaning x to T can only be understood as the contention that on the basis of certain assumptions a certain fictitious or stipulated speaker would have meant x by expressing T.” Thus, on this account, interpretation, when it does not concern an actual speaker, turns out to be a kind of counterfactual intention attribution. Twofold point: “First, that interpretation is essentially a matter of attributing intentions, that is, in the pragmatics sense of ‘meaning’, namely, meaning that such-and-such by an act or expression. At the same time, interpretations need not be based on the intentions of actual authors; the meaning of an act or expression is understandable in terms of counterfactual intentions.” [Are we really restricted to understanding the coherence and integrity of meaning in such a way? Presumably the author is a kind of device for organizing meaning, much like Dworkin’s integrity, but need it take that format?] The logic of interpretation is typically reducible to intention attribution. [What role does the counterfactual author play in structuring meaning?] The criteria of interpretive success will depend upon the object, whether it is the real author or the counterfactual author. If the former, success will depend upon the retrieval of the author’s actual intentions. “Likewise, if the author is characterized in terms of some ideal representative of a certain genre, for instance, the presumptions which are taken to determine this c aracterization would provide the criteria of success for the particular interpretation offered.” [The criteria of success would seem, then, to be the principles, ideals, etc. that we attribute to the counterfactual author. These attributed qualities would be doing all the work – is the attribution of intention to the hypothetical author, then, really necessary at all?] [Does this account presuppose a weird dichotomy between what an object is and what it means? This dichotomy is different, if present at all, in Dworkin.] Chapter 3: Dworkin’s Theory of Interpretation and the Nature of Jurisprudence Three main insights of Dworkin’s theory of interpretation: “First, that interpretation strives to present its object in its best possible light. Second, that interpretation is essentially genre-dependent. And third, that there are certain constraints that determine the limits of possible interpretations of a given object.” Why the best light? Dworkin doesn’t really address this question in depth but claims that otherwise we are left with no way of justifying and choosing an interpretation or we are left with the author’s intention model, which we should reject. [Marmor doesn’t seem clear on what precisely it means to present something in its best light – seems to conflate it with most appealing light which, I take it, is different than what Dworkin has in mind.] “Dworkin is quite right to maintain that without having some views about the values inherent in the genre to which the text is taken to belong, no interpretation can take off the ground. The values we associate with the genre partly, but crucially, determine what would make sense to say about the text, what are the kinds of meaning we could ascribe to it.” There is no necessity for an interpretation to present an object in its best light with regards to the genre it is taken to be part of. Interpretations “could simply strive to present it in a certain light, perhaps better than some, worse than others, but in a way which highlights an aspect of the meaning of the text which may be worth paying attention to for some reason or another.” [What kind of reasons would count in choosing to present it in one light rather than another?] There is simply zero grounds for Dworkin’s assertion that we have no reason to pay attention to an interpretation that does not present it in its best light. Take a psychoanalytic interpretation of Hamlet, for example – not the best light, but a legitimate one. [This seems related to the next criticism – clearly Dworkin would have to loosen his insistence on the best, though not to detriment.] Moreover, especially with regards to art, it doesn’t appear possible to make an all things considered judgment about the best interpretation given the incommensurability of different values that are taken to inhere in a given genre. [Dworkin can respond here that we may have different available interpretations that could be justified with respect to the relevant value. Moreover, a lack of common denominator does not prevent any comparison whatsoever.] Constructive interpretation concerns social practices constituted by norms – it imposes a purpose or value rendering intelligible the normative character of the practice. There is a separate aspect of constructive interpretation that maintains that elements of the practice are sensitive to the point of the practice. It is important to note that different social practices will institutionalize themselves in different ways – thus, different practices will establish varying conditions on how the practice can be altered. The position of the positivists is that evaluative judgments concerning what the law should be are insufficient for determining what the law is given the nature of law’s institutionalization.&nb p; [This would seem to reside on a certain conception of law, i.e. an interpretation about where the value of law lies.] “[T]his being one of the main points of dispute between Dworkin and his positivist opponents, Dworkin cannot at this initial state presume law to be sensitive to its value in the manner that other, non-institutional practices might be, without incurring the charge of having assumed the very point at issue.” The upshot for Dworkin is that any explanation of a social practice such as law requires the same kind of reasoning as participation in that practice. This will be called the hermeneutic thesis. We can try to reconstruct a justification for this view based on the necessity of shared background assumptions – but this will not do since Dworkin’s claim is stronger: it contends that participants’ and theorists’ must “adopt one and the same normative point of view.” [The sense of normative here is unclear. It is true, though, that shared background assumptions do not imply viewing the law as valuable in any particular way, or at least it does not imply this in any strong sense.] Dworkin makes two distinct points with the hermeneutic thesis: “First, that the explanation of a social practice, like law or the arts, is essentially interpretative, and as such, necessarily value laden. Second, that the interpretation of such social practices, which Dworkin calls ‘argumentative’, is unique in the sense that the practice itself is an evaluative enterprise, and that therefore the interpreter of such a practice must form an evaluative judgment of her own about those values which are inherent in the practice that she purports to interpret.” [As stated, the first thesis is terribly ambiguous – for Dworkin, it clear implies a commitment to constructive interpretation. For Marmor, who accepts it, it is totally unclear what commitment he intends to make. He seems to mean simply that we have criteria for success concerning what counts as a successful explanation.] Mamor denies the second thesis. “What Dworkin seems to ignore here is that there is a crucial difference between forming a view about the values which are manifest in a social practice, like law, and actually having evaluative judgments about them.” [The problem, however, it that it is a contentious matter what values are part of the law – a theorist’s account of what values are constitutive of a particular legal system must rely on the kind of arguments which participants rely on. Of course, a theorist might simply note a debate about values and attempt to remain agnostic, but this will fail to be a full theoretical account of what law is!] Dworkin’s thesis seems to depend exclusively on his account of constructive interpretation. [This seems exactly right.] Chapter 4: Coherence, Holism, and Interpretation: The Epistemic Foundation of Dworkin’s Legal Theory Begins with discussion of Rawls’ reflective equilibrium. Sums up dual criticism as follows: “[T]he assumption that intuitions are independently true and the converse one, that their truth depends on fitting a coherent scheme, both seem to yield paradoxical results.” Dworkin, in his article “The Original Position”, claims that Rawls cannot commit himself to ethical realism. “[T]he natural model presupposes some form of ethical realism, while the constructive model does not. One important difficulty arising from an attempt to apply the natural model to Rawls is, that under the natural model, any theory which dopes not account for an intuition, at least for one which is held firmly, cannot be wholly satisfactory, just as scientific theory which does not account for certain observational data it is supposed to cover, would not be satisfactory in a familiar way.” Rawls, rather, is committed to a constructivist view of morality. Moreover, the reason we value coherence epistemically in moral theory is that it itself is a value of political morality – fairness requires consistency and publicity in the application of moral standards. Marmor notes the following problem with such a view: “[I]f coherence is justified, as it is here, with reference to certain moral values, that is, a specific conception of fairness, then we face the following problem: the presupposed values of fairness must themselves be based upon intuitive convictions, in which case the question of their truth cannot be ignored. If they are taken to be true…we are driven back to the perplexities of the natural model.” Discusses, helpfully, the Fish/Dworkin debate. The upshot is that Dworkin’s interpretive model is best off if it commits itself to a Quineian holism. However, this undermines his distinction between internal and external skepticism since holism must deny that moral judgments constitute a closed system. [This analysis seems exactly right.] Endorses Simmonds view that Dworkin’s theory does not meet the requirements of complexity he identifies as necessary to avoid vicious circularity in interpretive judgments of fit and identity. Coherence is doing the work through and through and therefore the interpretive theory of law is circular. [Will require further investigation, though it is unclear how coherence is doing any work in the pre-interpretive stage. At this stage, the judgments, if interpretive, seem to be derived from different sources. In any case, using coherence as a value seems to be highly suspect.] Why doesn’t Dworkin just reject Fish’s assumptions: because of his jurisprudence. “If legal texts can have a meaning that is not entirely dependent on a process of interpretation, then it is at least sometimes the case that the law can simply be understood, and applied, without the mediation of interpretation. And if that is the case, then the argument from interpretation against legal positivism collapses. It is no longer the case that every conclusion about what the law is, depends on evaluative considerations about what it ought to be.” Chapter 5: Semantics, Realism, and Natural Law Assessment of Michael Moore’s legal realism and its implications. [The final criticisms of Moore are not decisive.] Chapter 6: Constructive Identification and Razian Authority A consideration of Dworkin’s denial that the communication model of interpretation is appropriate for legal interpretation. Marmor argues that intentions do play a crucial role in the identification of legal norms in a way that is incompatible with Dworkin’s “coherence thesis”. Marmor takes Dworkin to be committed to the constructive identification thesis: that the identification of something as part of the legal, artistic, etc. genre can be done sufficiently by evaluative considerations. “Here, one must maintain that evaluative considerations are sufficient to determine whether something is a legal norm or a work of art”. [Fit, however, constrains possible evaluative considerations – thus evaluative considerations are not sufficient in themselves.] “Now the crucial point here is this: if you maintain the possibility of constructive identification in art, you must assume that works of art can be identified as such on the basis of certain features they happen to possess, features which contain no reference to any particular intention to create a work of art…unless we take intentions into account, how can we discriminate between the concept of an aesthetic artifact and the con ept of a work of art?” [It is unclear, and I think false, that constructive interpretation of anything requires identifying something irrespective of an artificers intentions. Those intentions may be relevant, dependent upon the genre under which we are trying to classify the object. Nothing, seemingly, about constructive interpretation in general excludes this possibility.] Marmor’s point is that it turns out to be impossible to identify art as art without reference to an artist’s intentions – especially given the state of contemporary art. [It is notable that Marmor’s response to counterexample implicitly depends upon a fully developed theory of aesthetics. His cursory comments on the matter of identifying art seem insufficient to say the least.] The rest of the chapter considers the incompatibility of Raz’s account of authority with constructive interpretation. The incompatibilities mentioned do not move beyond what Raz identifies in his article “Authority, Law and Morality”, but a defense of this notion of authority is defended in several [inconclusive] respects. [Raz and Marmor want to separate identification from content. This is not clearly a defensible separation.] Chapter 7: No Easy Cases? Chapter defends notion that there is a distinction between easy and hard cases in the positivist sense. Takes a Hartian approach and ultimately defends the distinction by associating it Wittgenstein’s conception of rule following. The point is that one need to look the purpose of rule in order to understand what the rule requires. Chapter 8: Legislative Intent and the Authority of Law Examines the following doctrine concerning the role of legislative intent in adjudication: “[F]irst, it would hold that laws, at least in certain cases, are enacted with relatively specific intentions, and that this is a matter of fact which is discernible through an ordinary fact-finding procedure. Second, that in certain cases the presence of such a fact, namely, that the law was enacted with a certain intention, provides judges with a reason to decide the legal dispute in accordance with the relevant legislative intent.” [It is important that for Marmor, interpretive strategies are only appropriate in hard cases. However, we should wonder what grounds positivism can offer for deciding a hard case in any manner which is not the morally best manner according to the judgment of the judge. There are no legal grounds, by definition, in hard cases and so what justificatory strategy would endorse any judicial decision except for the morally best one?] We can ascribe intentions to a legislative body, when this is possible at all, by taking the shared intentions of the majority, rather than some group intention, to be the significant intentions. Moreover, we should expect a good deal of consensus about intentions for otherwise it is hard to explain how legislative bodies are able to produce so much legislation. Discussion of kinds of intentions concludes as follows: “I have distinguished between three main types of intention that are potentially relevant from the legal point of view. Apart from the intentions that are manifest in the language of the law itself, legislators typically have further intentions in enacting a given law, and sometimes they would have certain intentions bearing on its proper application. I have also suggested that some of these further intentions may be essentially non-avowable, in which case they are rendered initially irrelevant. Finally, I have pointed out that considerations of consistency require that the legislator’s application intentions be taken into account only if, and to the extent that, they are in accord with his further intentions.” The manner in which intentionalism is to be justif ed relies on the distinction, Marmor maintains, between expert and mere collective action authority. “The point I wanted to make is strictly conditional: if, and only if, a certain law is justified on the basis of the expertise branch of the normal justification thesis, would it make sense to defer to the legislature’s intentions in the interpretation of the law, that is, to the extent that there is, in fact,; such an intention and it can clarify something that needs clarification.” Insofar as a legislature can be considered an expert on the matter requiring adjudication and interpretation should the body’s intention be taken into account. Chapter 9: Constitutional Interpretation Begins by laying out general necessary features of a constitution. Then Marmor moves on to consider general questions of constitutional legitimacy. First, he considers what grounds might be offered for the legitimacy of a constitution at all. He notes that the central question is what permits a single generation to bind future generations. He then examines four arguments to avoid this problem. The first is based on the moral legitimacy of the constitution; Marmor rejects this solution for the [truly dubious] reason that the constitution would make no practical difference because it would not supply reasons in addition to those provided by morality [but, presumably, the point is that these legally valid rules would be institutionally enshrined]. The second is based on the moral authority of the framers and Marmor rightly rejects this on the basis of the idealization of the framers it requires and less rightly on the basis that there cannot be moral authorities. Third is the “argument from interpretation” which claims that “as long as the particular content of the constitution is determined by its interpretation, and the authoritative interpretation at any time correctly instantiates the values which ought to be upheld in the community, the constitution would be morally legitimate”. The fourth is Raz’s which argues that a constitution is valid so long as its constraints are morally permissible because conventions of this type might aid the continuity of the legal system, i.e. it is important to have a convention of this type and the constitution is a kind of this type. Marmor appears to endorse these two approaches and concludes: “The conditions for the legitimacy of a constitution must comprise the following conditions. First, the values and principles enshrined in it must be morally permissible…Second, when certain choices are made in particular cases, they would be legitimate if they are either morally underdetermined, or else, morally correct…It follows from this that both arguments must assume that at least in those areas in which the constitution would make a moral difference, it can be interpreted to make the difference that it should, that is, according to the true moral principles that should apply to the particular case...the moral legitimacy of constitutions very much dependent on the practices of their interpretation. In other words, a great deal of the burden of moral legitimacy is shifted by these arguments to the application of the constitution, thus assuming that the constitution is legitimate only if the courts are likely to apply the constitution in a morally desirable way.” [This implies that the only significant value constitutions have is in providing a conventional practice where some such practice is required.] Moves on to argue that courts typically rely, and rightly so, on moral considerations when deciding constitutional issues because typically, in cases of the kind that reach the supreme or constitutional court, there is no law on the case. Much of this relies on his earlier discussion about the nature of interpretation in the law – that legal interpretation is always a matter of cha ging the law. (shrink)

In terms of Groenendijk and Stokhofs (1984) formalization of exhaustive interpretation, many conversational implicatures can be accounted for. In this paper we justify and generalize this approach. Our justification proceeds by relating their account via Halpern and Moses (1984) non-monotonic theory of only knowing to the Gricean maxims of Quality and the first sub-maxim of Quantity. The approach of Groenendijk and Stokhof (1984) is generalized such that it can also account for implicatures that are triggered in subclauses not (...) entailed by the whole complex sentence. (shrink)

"An important contribution to contemporary jurisprudential debate and to legal thought more generally, Just Interpretations is far ahead of currently available work."--Peter Goodrich, author of Oedipus Lex "I was struck repeatedly by the clarity of expression throughout the book. Rosenfeld's description and criticism of the recent work of leading thinkers distinguishes his work within the legal theory genre. Furthermore, his own theory is quite original and provocative."--Aviam Soifer, author of Law and the Company We Keep.

In the established space-time coordinate-transformation (STCT) interpretation of special relativity theory, relativistic changes are consequent upon the Lorentz transformation of coordinate clocks and rods between relatively moving systems. In the proposed alternative interpretation, relativistic changes occur only in association with physical interactions, and are direct alterations in the variables of the observed system. Since space-time and momentum-energy are conjugate four-vectors, transformation of a space or time variable of a system is to be expected only if there is (...) a concomitant transformation of the corresponding momentum or energy variable. The Lorentz invariance of the scalar entropy functionS supports the interaction interpretation; timet=f(S) of a macroscopic, entropy clock should give a Lorentz-invariant time measure, and an illustrative entropy clock is discussed. Noninteracting physical processes may be called Clausius processes, in contrast to Lorentz processes for which there is interaction and associated Lorentz transformation. Changes of energy and frequency, withE=hv, are instances of the parallel relativistic transformations. Likewise, the variation with velocity in decay time of mesons follows directly from the relativistic energy transformation of decay products; this relationship is shown for muons by a simple calculation with β-decay theory. (shrink)