On Cliché: Expression, Cognition and Understanding
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Reification in Law and Legal Theory
BOUNDED RATIONALITY, THE DOCTRINE OF IMPRACTICABILITY, AND THE GOVERNANCE OF RELATIONAL CONTRACTS DONALD J. SMYTHE♦ This article uses a behavioral economics approach to analyze the effects of the doctrine of impracticability on “relational” contracts – long- term contractual agreements that are typically adapted to changed circumstances and unforeseen contingencies as they arise. In contrast to conventional legal and economic theory, the article concludes that the impracticability doctrine has the potential to improve the efficiency and productivity of a wide range of long-term contractual agreements and offers normative guidelines as to how the doctrine should be applied to produce such an effect. The article also examines and rejects various philosophical objections to the impracticability doctrine, such as the arguments that it interferes with principles of economic liberty and voluntary exchange, interferes with the internal ethics of relational agreements, and clashes with principles of moral desert. INTRODUCTION The doctrine of impracticability is an affirmative defense to a complaint seeking specific performance or damages for an alleged breach of contract. It may be interpreted as a default rule that attaches an implied term to every contract that would excuse the parties from their obligations in the event that some unforeseen contingency makes their performances “impracticable.” Although its precise meaning is unclear, the term “impracticable” connotes severe – perhaps even catastrophic – consequences. In this respect, the doctrine is tantamount to an implied force majeure clause that applies whenever the impracticability is the result of circumstances that were in some sense unforeseen at the time the contract was formed. Although the criteria for establishing whether the circumstances were “unforeseen” are also unclear, they subsume, at the very least, the idea that the circumstances were not explicitly provided for under the contract. -
Reification, Agency and the Discourse on Identity and Difference
PINS, 2017, 53, 1 – 29, http://dx.doi.org/10.17159/2309-8708/2017/n53a1 Writing outside history: Reification, agency and the discourse on identity and difference Abstract Raphael Mackintosh1 The recent debates about the transformation, or & Wahbie Long decolonization, of higher education in South Africa have Department of Psychology underscored the continuing salience of “identity” in University of Cape Town post-apartheid political discourse. Disillusioned with the Rondebosch 7700 token equality of liberal politics, student-led movements now demand that their manifestos be granted legitimacy Keywords precisely on particularistic grounds. With the aim of political identity, agency, understanding what conception of social change these ontology, social change, demands entail, this archival study analyzes how political decolonization, reification, identity and agency have been constructed in contemporary metapsychology South African academic discourse. More specifically, this study identifies the different kinds of ontological and epistemological presuppositions that particular uses of language are necessarily committed to, and therefore necessarily limited by (both politically and conceptually). Utilizing Scopus, a bibliographic database, the five most relevant and highly cited articles were selected and subsequently analyzed using the logical rules governing both predicate ascription and presupposition. Two main uses of language were isolated based on common sets of presuppositions: 1) A non-human ontology of agents, and 2) Agency as a property of antecedently given identities. Each use of language was found to comprise two further subcategories respectively: 1.1) Psychological agencies, 1.2) External agencies; and 2.1) Realist view of political identity, 2.2) Constructivist view of political identity. The results of the data analysis suggest that the two main uses of language are mutually reinforcing. -
Useful Argumentative Essay Words and Phrases
Useful Argumentative Essay Words and Phrases Examples of Argumentative Language Below are examples of signposts that are used in argumentative essays. Signposts enable the reader to follow our arguments easily. When pointing out opposing arguments (Cons): Opponents of this idea claim/maintain that… Those who disagree/ are against these ideas may say/ assert that… Some people may disagree with this idea, Some people may say that…however… When stating specifically why they think like that: They claim that…since… Reaching the turning point: However, But On the other hand, When refuting the opposing idea, we may use the following strategies: compromise but prove their argument is not powerful enough: - They have a point in thinking like that. - To a certain extent they are right. completely disagree: - After seeing this evidence, there is no way we can agree with this idea. say that their argument is irrelevant to the topic: - Their argument is irrelevant to the topic. Signposting sentences What are signposting sentences? Signposting sentences explain the logic of your argument. They tell the reader what you are going to do at key points in your assignment. They are most useful when used in the following places: In the introduction At the beginning of a paragraph which develops a new idea At the beginning of a paragraph which expands on a previous idea At the beginning of a paragraph which offers a contrasting viewpoint At the end of a paragraph to sum up an idea In the conclusion A table of signposting stems: These should be used as a guide and as a way to get you thinking about how you present the thread of your argument. -
The “Ambiguity” Fallacy
\\jciprod01\productn\G\GWN\88-5\GWN502.txt unknown Seq: 1 2-SEP-20 11:10 The “Ambiguity” Fallacy Ryan D. Doerfler* ABSTRACT This Essay considers a popular, deceptively simple argument against the lawfulness of Chevron. As it explains, the argument appears to trade on an ambiguity in the term “ambiguity”—and does so in a way that reveals a mis- match between Chevron criticism and the larger jurisprudence of Chevron critics. TABLE OF CONTENTS INTRODUCTION ................................................. 1110 R I. THE ARGUMENT ........................................ 1111 R II. THE AMBIGUITY OF “AMBIGUITY” ..................... 1112 R III. “AMBIGUITY” IN CHEVRON ............................. 1114 R IV. RESOLVING “AMBIGUITY” .............................. 1114 R V. JUDGES AS UMPIRES .................................... 1117 R CONCLUSION ................................................... 1120 R INTRODUCTION Along with other, more complicated arguments, Chevron1 critics offer a simple inference. It starts with the premise, drawn from Mar- bury,2 that courts must interpret statutes independently. To this, critics add, channeling James Madison, that interpreting statutes inevitably requires courts to resolve statutory ambiguity. And from these two seemingly uncontroversial premises, Chevron critics then infer that deferring to an agency’s resolution of some statutory ambiguity would involve an abdication of the judicial role—after all, resolving statutory ambiguity independently is what judges are supposed to do, and defer- ence (as contrasted with respect3) is the opposite of independence. As this Essay explains, this simple inference appears fallacious upon inspection. The reason is that a key term in the inference, “ambi- guity,” is critically ambiguous, and critics seem to slide between one sense of “ambiguity” in the second premise of the argument and an- * Professor of Law, Herbert and Marjorie Fried Research Scholar, The University of Chi- cago Law School. -
4 Quantifiers and Quantified Arguments 4.1 Quantifiers
4 Quantifiers and Quantified Arguments 4.1 Quantifiers Recall from Chapter 3 the definition of a predicate as an assertion con- taining one or more variables such that, if the variables are replaced by objects from a given Universal set U then we obtain a proposition. Let p(x) be a predicate with one variable. Definition If for all x ∈ U, p(x) is true, we write ∀x : p(x). ∀ is called the universal quantifier. Definition If there exists x ∈ U such that p(x) is true, we write ∃x : p(x). ∃ is called the existential quantifier. Note (1) ∀x : p(x) and ∃x : p(x) are propositions and so, in any given example, we will be able to assign truth-values. (2) The definitions can be applied to predicates with two or more vari- ables. So if p(x, y) has two variables we have, for instance, ∀x, ∃y : p(x, y) if “for all x there exists y for which p(x, y) is holds”. (3) Let A and B be two sets in a Universal set U. Recall the definition of A ⊆ B as “every element of A is in B.” This is a “for all” statement so we should be able to symbolize it. We do so by first rewriting the definition as “for all x ∈ U, if x is in A then x is in B, ” which in symbols is ∀x ∈ U : if (x ∈ A) then (x ∈ B) , or ∀x :(x ∈ A) → (x ∈ B) . 1 (4*) Recall that a variable x in a propositional form p(x) is said to be free. -
Some Common Fallacies of Argument Evading the Issue: You Avoid the Central Point of an Argument, Instead Drawing Attention to a Minor (Or Side) Issue
Some Common Fallacies of Argument Evading the Issue: You avoid the central point of an argument, instead drawing attention to a minor (or side) issue. ex. You've put through a proposal that will cut overall loan benefits for students and drastically raise interest rates, but then you focus on how the system will be set up to process loan applications for students more quickly. Ad hominem: Here you attack a person's character, physical appearance, or personal habits instead of addressing the central issues of an argument. You focus on the person's personality, rather than on his/her ideas, evidence, or arguments. This type of attack sometimes comes in the form of character assassination (especially in politics). You must be sure that character is, in fact, a relevant issue. ex. How can we elect John Smith as the new CEO of our department store when he has been through 4 messy divorces due to his infidelity? Ad populum: This type of argument uses illegitimate emotional appeal, drawing on people's emotions, prejudices, and stereotypes. The emotion evoked here is not supported by sufficient, reliable, and trustworthy sources. Ex. We shouldn't develop our shopping mall here in East Vancouver because there is a rather large immigrant population in the area. There will be too much loitering, shoplifting, crime, and drug use. Complex or Loaded Question: Offers only two options to answer a question that may require a more complex answer. Such questions are worded so that any answer will implicate an opponent. Ex. At what point did you stop cheating on your wife? Setting up a Straw Person: Here you address the weakest point of an opponent's argument, instead of focusing on a main issue. -
Is 'Argument' Subject to the Product/Process Ambiguity?
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by University of Richmond University of Richmond UR Scholarship Repository Philosophy Faculty Publications Philosophy 2011 Is ‘argument’ subject to the product/process ambiguity? G. C. Goddu University of Richmond, [email protected] Follow this and additional works at: http://scholarship.richmond.edu/philosophy-faculty- publications Part of the Philosophy Commons Recommended Citation Goddu, G. C. "Is ‘argument’ Subject to the Product/process Ambiguity?" Informal Logic 31, no. 2 (2011): 75-88. This Article is brought to you for free and open access by the Philosophy at UR Scholarship Repository. It has been accepted for inclusion in Philosophy Faculty Publications by an authorized administrator of UR Scholarship Repository. For more information, please contact [email protected]. Is ‘argument’ subject to the product/process ambiguity? G.C. GODDU Department of Philosophy University of Richmond Richmond, VA 23173 U.S.A. [email protected] Abstract: The product/process dis- Resumé: La distinction proces- tinction with regards to “argument” sus/produit appliquée aux arguments has a longstanding history and foun- joue un rôle de fondement de la dational role in argumentation the- théorie de l’argumentation depuis ory. I shall argue that, regardless of longtemps. Quelle que soit one’s chosen ontology of arguments, l’ontologie des arguments qu’on arguments are not the product of adopte, je soutiens que les argu- some process of arguing. Hence, ments ne sont pas le produit d’un appeal to the distinction is distorting processus d’argumentation. Donc the very organizational foundations l’usage de cette distinction déforme of argumentation theory and should le fondement organisationnel de la be abandoned. -
Ambiguity in Argument Jan Albert Van Laar*
Argument and Computation Vol. 1, No. 2, June 2010, 125–146 Ambiguity in argument Jan Albert van Laar* Department of Theoretical Philosophy, University of Groningen, Groningen 9712 GL, The Netherlands (Received 8 September 2009; final version received 11 February 2010) The use of ambiguous expressions in argumentative dialogues can lead to misunderstanding and equivocation. Such ambiguities are here called active ambiguities. However, even a normative model of persuasion dialogue ought not to ban active ambiguities altogether, one reason being that it is not always possible to determine beforehand which expressions will prove to be actively ambiguous. Thus, it is proposed that argumentative norms should enable each participant to put forward ambiguity criticisms as well as self-critical ambiguity corrections, inducing them to improve their language if necessary. In order to discourage them from nitpicking and from arriving at excessively high levels of precision, the parties are also provided with devices with which to examine whether the ambiguity corrections or ambiguity criticisms have been appropriate. A formal dialectical system is proposed, in the Hamblin style, that satisfies these and some other philosophical desiderata. Keywords: active ambiguity; argument; critical discussion; equivocation; persuasion dialogue; pseudo-agreement; pseudo-disagreement 1. Introduction Argumentative types of dialogue can be hampered by expressions that are ambiguous or equivocal. A participant can show dissatisfaction with such ambiguities by disambiguating the formulations he has used or by inciting the other side to improve upon their formulations. A typical example can be found in the case where W.B. had been arrested both for drink and driving and for driving under suspension. -
Lecture 1: Propositional Logic
Lecture 1: Propositional Logic Syntax Semantics Truth tables Implications and Equivalences Valid and Invalid arguments Normal forms Davis-Putnam Algorithm 1 Atomic propositions and logical connectives An atomic proposition is a statement or assertion that must be true or false. Examples of atomic propositions are: “5 is a prime” and “program terminates”. Propositional formulas are constructed from atomic propositions by using logical connectives. Connectives false true not and or conditional (implies) biconditional (equivalent) A typical propositional formula is The truth value of a propositional formula can be calculated from the truth values of the atomic propositions it contains. 2 Well-formed propositional formulas The well-formed formulas of propositional logic are obtained by using the construction rules below: An atomic proposition is a well-formed formula. If is a well-formed formula, then so is . If and are well-formed formulas, then so are , , , and . If is a well-formed formula, then so is . Alternatively, can use Backus-Naur Form (BNF) : formula ::= Atomic Proposition formula formula formula formula formula formula formula formula formula formula 3 Truth functions The truth of a propositional formula is a function of the truth values of the atomic propositions it contains. A truth assignment is a mapping that associates a truth value with each of the atomic propositions . Let be a truth assignment for . If we identify with false and with true, we can easily determine the truth value of under . The other logical connectives can be handled in a similar manner. Truth functions are sometimes called Boolean functions. 4 Truth tables for basic logical connectives A truth table shows whether a propositional formula is true or false for each possible truth assignment. -
Law As Story: a Civic Concept of Law (With Constitutional Illustrations)
STRAND_ARTICLE_V.3 6/11/2012 3:34 PM LAW AS STORY: A CIVIC CONCEPT OF LAW (WITH CONSTITUTIONAL ILLUSTRATIONS) PALMA JOY STRAND* ABSTRACT This Article introduces a civic concept of law, which emphasizes that law is grounded in citizens. This view of law is consonant with the powerful themes of broad civic contribution in the recent political campaign of Barack Obama, and it challenges approaches to law, such as originalism, that emphasize tight control. Just as everyone can contribute to politics, everyone can contribute to law. And, as with politics, the more people who contribute, the richer and more resilient law becomes. We use stories to organize our experiences and to create meaning from those experiences. Stories evolve over time to accommodate new experiences, and individual stories weave together into collective stories. Stories bind us together: Sharing a story means sharing an identity. In this sense, law—and the Constitution in particular—is our story. The law is a reflection of the people living under it, the same people who create it. The law represents our values and understandings of the world, and it changes as we change. As our story, law tells us who we are and how we are to be with each other—the political, social, and economic roles we are to play. This Article explores the dynamic process that is law-as-story and the continual renewal, refreshment, renovation, and revolution of that story. In particular, it presents a sociological view of law * Assistant Professor of Law, Creighton Law School. B.S. Stanford University (1978); J.D. -
The Reification of Consciousness
The Reification of Consciousness: Husserl’s Phenomenology in Lukács’s Identical Subject-Object Richard Westerman Georg Lukács’s History and Class Consciousness has suffered the pecu- liar indignity of being criticized by its admirers for the very theory they take from it. Like Karl Korsch’s Marxism and Philosophy, also published in 1923, Lukács’s book explored the proletariat’s stubborn refusal to rise in support of revolutionary regimes in Germany and Hungary; eschewing allegedly scien- tific analyses of the supposedly necessary collapse of capitalism, Korsch and Lukács focused on what happened in consciousness, not behind it, to under- stand society. Korsch’s dialectical account of the relationship between phi- losophy and society and Lukács’s attempt to ground the very structures of subjectivity of individuals in their society are now seen as the foundations of “Western” Marxism. Yet while many have adopted Lukács’s account of the reification of consciousness, few have accepted his argument that this very problem produces a revolutionary subjectivity in those most affected by it. Max Horkheimer and Theodor W. Adorno’s Dialectic of Enlightenment is a case in point: though inspired by Lukács in criticizing the total rationalization of society, epitomized by the “culture industry,” they reject his optimistic I would like to thank John Abromeit, Naomi Beck, Jocelyn Benoist, Steven Crowell, Raymond Geuss, and Martin Ruehl for their comments on various versions of this piece and for their many helpful suggestions; the remaining mistakes and flaws are, of course, my own responsibility. New German Critique 111, Vol. 37, No. 3, Fall 2010 DOI 10.1215/0094033X-2010-016 © 2010 by New German Critique, Inc. -
The Reification of Celebrity : Global Newspaper Coverage of the Death of David Bowie
The reification of celebrity : global newspaper coverage of the death of David Bowie BLACK, Jack <http://orcid.org/0000-0002-1595-5083> Available from Sheffield Hallam University Research Archive (SHURA) at: http://shura.shu.ac.uk/13788/ This document is the author deposited version. You are advised to consult the publisher's version if you wish to cite from it. Published version BLACK, Jack (2016). The reification of celebrity : global newspaper coverage of the death of David Bowie. International Review of Sociology, 27 (1), 202-224. Copyright and re-use policy See http://shura.shu.ac.uk/information.html Sheffield Hallam University Research Archive http://shura.shu.ac.uk This is an author’s accepted manuscript for ‘International Review of Sociology’, online November 2016, copyright Taylor & Francis Online. To link to this article: http://www.tandfonline.com/doi/full/10.1080/03906701.2016.1254393 The Reification of Celebrity: Global Newspaper Coverage of the Death of David Bowie Dr. Jack Black, Academy of Sport and Physical Activity, Faculty of Health and Wellbeing, Sheffield Hallam University, Collegiate Hall, Collegiate Crescent, Sheffield, S10 2BP 1 The Reification of Celebrity: Global Newspaper Coverage of the Death of David Bowie Jack Black, PhD Academy of Sport and Physical Activity, Sheffield Hallam University, Sheffield, UK Abstract This paper examines global English language newspaper coverage of the death of David Bowie. Drawing upon the concept of reification, it is argued that the notion of celebrity is discursively (re)produced and configured through a ‘public face’ that is defined, maintained and shaped via media reports and public responses that aim to know and reflect upon celebrity.