DOCSLIB.ORG

An Interpretive Study of the Use of Films with University Students A

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
An Interpretive Study of the Use of Films with University Students A UNIVERSITY OF OKLAHOMA GRADUATE COLLEGE AT THE MOVIES: AN INTERPRETIVE STUDY OF THE USE OF FILMS WITH UNIVERSITY STUDENTS A DISSERTATION SUBMITTED TO THE GRADUATE FACULTY in partial fulfillment of the requirements for the degree of Doctor of Philosophy By KATHRYNE RODEN Norman, Oklahoma 2007 UMI Number: 3263440 UMI Microform 3263440 Copyright 2007 by ProQuest Information and Learning Company. All rights reserved. This microform edition is protected against unauthorized copying under Title 17, United States Code. ProQuest Information and Learning Company 300 North Zeeb Road P.O. Box 1346 Ann Arbor, MI 48106-1346 AT THE MOVIES: AN INTERPRETIVE STUDY OF THE USE OF FILMS WITH UNIVERSITY GRADUATE STUDENTS A DISSERTATION APPROVED FOR THE DEPARTMENT OF EDUCATIONAL LEADERSHIP AND POLICY STUDIES BY __________________________________ Irene E. Karpiak, Chair __________________________________ Jon Pedersen __________________________________ David Tan __________________________________ Courtney A. Vaughn __________________________________ Catherine Hobbs © Copyright by KATHRYNE RODEN 2007 All Rights Reserved. ACKNOWLEDGEMENTS My deepest gratitude goes to my Committee Chair, Dr. Irene Karpiak who guided, challenged, and inspired me not only through the dissertation process but throughout my entire doctoral program. Her belief in me and my research has been integral to my completion of this program. She has proven her dedication to me and my work time and again by contributing her insights, knowledge, and experience. I sincerely thank her for being my mentor, teacher, and friend. I am forever grateful for her dedication to my work. I would also like to acknowledge my Committee members who have supported my efforts and encouraged me on numerous occasions. Dr. Jon Pederson has provided me with unwavering encouragement, support, and interest in my work. His dedication to excellence and to my development as an educator and scholar has inspired me. Dr. David Tan has brought his expertise, advice, and undeniable insight into my research. His classes in higher education and research sparked my interest and guided my work. Dr, Courtney Vaughn has also contributed enthusiastically to my development as a researcher and educator by provoking thought and stimulating inquiry. Her guidance, encouragement, and participation have expanded my awareness, enthusiasm and expertise. Dr. Catherine Hobbs has contributed her incredible skill and objective perspective to my work. Her dedication to research and writing has inspired me as I have written my dissertation. I would also like to thank Huei-Chu Kung, Jesse Gregory, and Derek Arndt for being my dear friends and peers. Their enthusiastic support, collaboration, and honesty have been integral to my success and enjoyment of this program. Hours of conversation iv and joint endeavors have provided me with encouragement and have stretched my mind to consider the many facets of our experiences. I am most thankful to my two wonderful and amazing children, Julia and JohnDavid. Their confidence and unwavering support has motivated and sustained me. They have been a foundation in my life and continue to be my joy and inspiration. It has been a unique and meaningful experience to have both my children attending the University of Oklahoma at the same time as I am finishing my program. We have all enjoyed the support of each other and the university community. v TABLE OF CONTENTS Page Chapter One Introduction ……………………………………………………………………….1 Background of the Problem…………………………………………….................2 Statement of the problem………………………………………………...............12 Purpose…………………………………………………………………………..13 Research Questions……………………………………………………………....14 Assumptions……………………………………………………………………...14 Definitions………………………………………………………………..............15 Limitations……………………………………………………………….............17 Summary/Conclusions…………………………………………………………...18 Chapter Two Literature Review Introduction………………………………………………………………………20 Learning in Adult and Higher Education………………………………………...20 Importance of Experience to the Process of Learning…………………...23 The Brain, Active Participation, and Learning…………………………. 24 Active Participation and Elements of Complexity……………………….29 Active Participation and Aesthetics……………………………………...32 Technology and Learning in Higher Education………………………….35 The Role of Film………………………………………………………...................36 History of the Popularity and Availability of Film………………………...37 The Psychology of Film……………………………………………………40 vi Characteristics of Films……………………………………………………41 Viewers’ Reaction to Film…………………………………………………43 Distinctive Functions of Film……………………………………………...48 Film, Cognition, and Learning…………………………………………….47 Educational Use of Film…………………………………………………………...47 Use of Film for Learning…………………………………………………. 47 Empirical Research Concerning the Use of Film and Education…………48 Research Concerning Film and Method of Instruction……………………52 Research Concerning Film and Active Participation……………………...52 Concluding Comments Regarding Research………………………………54 Legal Issues Concerning Educational Use of Film………………………………..54 Copyright Considerations………………………………………………….54 Criteria for Fair Use………………………………………………………..55 Special Issues Concerning Fair Use……………………………………….55 Issues Concerning Recorded Television Programming…………………...56 Questions Concerning Copyright Laws……………………………………57 Chapter Three Methodology Mode of Inquiry………………………………………………………………….58 Description of Qualitative Research Design……………………………..59 Constructivism…………………………………………………………...60 Principles of Interpretivism……………………………………………...61 Research Design…………………………………………………………………64 vii Purpose of Research……………………………………………………..64 Sampling…………………………………………………………………64 Method of Data Collection………………………………………………72 Process of Data Collection……………………………………………….67 Entry into the Setting for Data Collection……………………………….67 Interviews………………………………………………………………...68 Clustering: An Interview Tool…………… ……………………………...69 Inspiration: Clustering Software………………………………………….69 Observations………………………………………………………………71 Data Analysis Procedures………………………………………………………...72 Strengths and Limitations of the Method………………………………………...74 Trustworthiness………………………………………..............................74 The Value of Interpretation in Qualitative Research……………………………75 Strengths of Interpretivism………………………………………………76 Limitations of Interpretativism…………………………………………..77 Ethics and Human Relations……………………………………………..77 Threats to Participants……………………………………………………78 Benefits to Participants…………………………………………………..78 Concluding Statement…………………………………………………………..78 Chapter 4 Findings Dimensions of the “Reel” Cinematic Experiences Introduction: The Cinematic Classroom…………………………………………81 Part One: viii Four Experiential Themes in the Cinematic Classroom……………....................82 Theme One: The Aesthetic Experience: Aesthetically Immersed in Film…………….82 Introduction of the Concept of the Aesthetic Experience………………..83 Qualities of the Aesthetic Experience……………………………………83 Discussion of the Aesthetic Experience: The Educational Significance…85 Theme Two: The Instructional Experience: Teaching and Learning through Film…...88 Introduction of the Concept of the Instructional Experience…………….89 Qualities of the Instructional Experience………………………………...89 Discussion of the Instructional Experience………………………………92 Theme Three: The Experience of Awareness: Becoming Mindful through Film…………..93 Introduction of the Concept of Awareness………………………………......93 Qualities of Awareness………………………………………………………93 Discussion of the Awareness: The Educational Significance…………….....97 Theme Four: The Shared Experience: Viewing the Film………………………………….98 Introduction of the Concept of the Shared Experience………………………98 Qualities of the Shared Experience…………………………………………..99 Discussion of the Shared Experience: The Educational Significance……...102 Part Two Five Learning Dimensions of the Cinematic Themes…………………..103 ix Dimension One: The Emotional Dimension: Stimulating the Feeling of It………………...103 Introduction of the Emotional Dimension………………………………...102 Features of the Emotional Dimension…………………………………… 104 Discussion of the Emotional Dimension: The Educational Significance...108 Dimension Two: The Cognitive Dimension Spurring: Thoughts through Films...................109 Introduction of the Cognitive Dimension………………………………...109 Features of the Cognitive Dimension…………………………………….109 Discussion of the Cognitive Dimension: The Educational Significance…113 Dimension Three: The Personal Dimension: Mirroring Individual Identity through Films….119 Introduction of the Personal Dimension………………………….............119 Features of the Personal Dimension……………………………………...120 Discussion of the Personal Dimension: The Educational Significance…..123 Dimension Four: The Social Dimension: Encountering Peers through Films: ……………..124 Introduction of the Social Dimension…………………………………….124 Features of the Social Dimension………………………………………...124 Discussion of the Social Dimension: The Educational Significance……..124 Dimension Five: The Cultural Dimension: Perceiving Mores through Films: ……………125 Introduction of the Cultural Dimension…………………………………..125 x Features of the Cultural Dimension………………………………………126 Discussion of the Cultural Dimension: The Educational Significance…...128 Complex and Interwoven: The Overlapping Nature of the Dimensions………130 The Cinematic Classroom Model: A Conceptual Design………………………131 Chapter Five Discussion Interpretive Analysis of the Cinematic Experience Introduction: Interpretive Analysis of Film as an Art Form in the Classroom…….. 133 What Cinematic Features
Load more

Recommended publications
  • Workshop 1 Meaningful Interpretation
    Workshop 1 Meaningful Interpretation “Invoking the interpretive mode is one of the most creative ways to make a text personal to all kinds of learners. Every student in a classroom can come to appreciate a text on his or her own level.”—Virginia Scott, Chair of French and Italian, Vanderbilt University Learning Goals How can you build your students’ interpretive skills? In this session, you’ll review relevant research, observe video discussions and classroom examples, and do a culminating activity on the interpretive mode of communication. At the end of this session, you will better understand how to: · lead students from comprehension to deeper interpretation of authentic texts; · prepare effective interpretive tasks for students; · integrate interpretive communication tasks into a unit of study; and · select from a range of authentic texts—such as art, film, folktales, advertisements, and books—based on their cultural and interdisciplinary content. Key Terms · authentic text · co-construction of meaning · communicative modes · four-skills approach · Schema theory · top-down reading process Definitions for these terms can be found in the Glossary located in the Appendix. Materials Needed An authentic text that you would like to use in an upcoming lesson with your students. For example, you could select a Web site, literary text, audio recording, film, or visual (such as a painting) that relates to the theme of the lesson or addresses cultural issues. Teaching Foreign Languages K–12 Workshop - 17 - Workshop 1 Before You Watch To prepare for this workshop session, you will tap your prior knowledge and experience and then read current research on interpretive communication.
    [Show full text]
  • Evidence for the Effectiveness of Great Books K–12 Programs and Inquiry-Based Learning
    Evidence for the Effectiveness of Great Books K–12 Programs and Inquiry-Based Learning Table of Contents Overview ...................................................................................................................................... 2 Measuring the Impact of Junior Great Books Programs .............................................................. 3 Measuring the Impact of Key Components of Inquiry-Based Learning .................................... 12 Measuring the Impact of Professional Learning on Developing Teacher Proficiency in Inquiry-Based Instruction ....................................................................... 28 Direct Endorsements of Great Books Professional Learning ...................................................... 32 35 East Wacker Drive, Suite 400 Chicago, Illinois 60601-2105 800.222.5870 • greatbooks.org Overview The Shared Inquiry™ Method of Learning The Shared Inquiry method is a distinctive, inquiry-based approach to the reading and discussion of literature. Teachers serve as partners in inquiry with students, working together to question and interpret what they read. At the heart of the program is Shared Inquiry discussion, where students think and talk about open-ended questions of meaning in a text while the teacher, as discussion leader, encourages them to develop their ideas, support those ideas with evidence, and listen and respond to their classmates. Through the use of Great Books programs, students develop the habits and strategies of good readers and critical thinkers in a vibrant,
    [Show full text]
  • Learning to Do Shared Inquiry in a Fourth Grade Classroom
    CORE Metadata, citation and similar papers at core.ac.uk Provided by eScholarship@BC Learning to do Shared Inquiry in a Fourth Grade Classroom Author: Nancy Alexandra Hait Persistent link: http://hdl.handle.net/2345/2418 This work is posted on eScholarship@BC, Boston College University Libraries. Boston College Electronic Thesis or Dissertation, 2011 Copyright is held by the author, with all rights reserved, unless otherwise noted. BOSTON COLLEGE Lynch School of Education Department of Teacher Education, Special Education, and Curriculum and Instruction Language, Literacy, and Learning LEARNING TO DO SHARED INQUIRY IN A FOURTH GRADE CLASSROOM Dissertation By NANCY ALEXANDRA HAIT submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy December 2011 Nancy Hait ©copyright by NANCY ALEXANDRA HAIT 2011 1 Nancy Hait ABSTRACT Learning to do Shared Inquiry in a Fourth Grade Classroom Author: Nancy Alexandra Hait Advisor: Dr. Curt Dudley-Marling This qualitative dissertation, informed by sociocultural theory (Gee, 1996; Vygotsky, 1978), examines how a fourth grade teacher and his students learned to participate in Shared Inquiry, a discussion practice where students learn how to build an evidential argument, including a claim that is supported by evidence and justified by a warrant (Toulmin, 1969). Students also learn how to weigh the merits of opposing arguments and how to modify their initial opinions as evidence demands. Over the course of ten weeks, the fourth grade teacher implemented Shared Inquiry as part of the Junior Great Books (JGB) program, offered as a supplement to a district mandated reading program. The teacher was observed while using the JGB program and while providing instruction through the mandated reading program.
    [Show full text]
  • 1 TEACH ED 309/MS ED 409: Speech & Communication in The
    TEACH_ED 309/MS_ED 409: Speech & Communication in the School Environment Fall 2020 Monday, 6:30-9:30pm CDT All class sessions held remotely via Zoom Brad Wadle [email protected] Resources for Remote Learning: Please review NU's guidance for organizing your participation in remote learning courses. Course Description Communication is at the very core of what teachers do. Teachers must communicate with students, and foster an environment in which students can communicate with each other. This course is designed to address these issues. Public speaking, interpersonal communication, and classroom management issues will be discussed, with emphasis on fostering productive discourse in the classroom. This includes sharing ideas, building on one another's ideas, and working together to further our learning as a community. For classroom teaching, this means cultivating and supporting an environment in which students use academic talk to work with one another as part of a learning community. This course will address supporting discourse in the classroom and school environment, including designing discussion-based tasks, supporting students in academic discourse, creating a classroom climate supportive of discussion, questioning strategies and talk moves that facilitate discussion, and assessment in discussion-based tasks. This course requires several small oral presentations, reading, writing, and lesson design. It also satisfies the public speaking requirement for licensure. Course Goals 1. Understand theories of interpersonal communication and public speaking. 2. Develop confidence speaking in a variety of settings. 3. Understand use of technology, both to augment public speaking, and also as a medium for communication on its own. 4. Understand strategies to help your own students become better speakers.
    [Show full text]
  • And New Testament Interpretation
    Framing the text: ‘Background studies’ and New Testament interpretation P J J Botha University of South Africa Abstract Understanding a text always demands knowledge of its context. Possible reasons why context is frequently regarded as a subordinate part of interpretation are analysed. Interpretation within a communicative pers­ pective, and facets of contextualisation are discussed; some theoretical aspects concerning contextual issues are clarified. The notion ‘framing the text’ is defended to emphasise that history is constructed and always pre­ supposes a perspective. Framing is a comprehensive ac­ tivity which adds complexity. Because it engages in his­ torical interpretation and describes aspects of the various levels of context, one’s framing activity can be criticised and improved. Framing arises from oscilla­ tion between intensive interpretation of details and generalisation. 1. INTRODUCTION The appeal to context in matters of dispute about meaning is a natural and obvious­ ly important feature of interpretation. The significance of context has been stressed by all disciplines engaged in interpretation. From psychological research into hu­ man communicative behaviour and the phenomenon of meaning (e g Bransford & * Revised version of a paper read al a subgroup meeting of (he New Testament Society of South Africa held at Unisa on 27 September 1991. Pieter Craffert provided some helpful references and Helen Botha some meaningful criticism, for which I thank them. ISSN 0259 9422 - UTS 49 /1 A 2 (1993) 29 ‘Background studies’ and New Testament interpretation Johnson 1972; Palermo & Bourne 1978:160-173) to folklore studies (Ben-Amos 1983; Honko 1984) the concept context is constantly stressed. This emphasis seems to be related to the very structure of knowledge and understanding: Something out­ side the ‘object’ is needed in order to know or to understand.
    [Show full text]
  • ED375389.Pdf
    DOCUMENT RESUME ED 375 389 CS 011 864 AUTHOR Brown, Rachel; Coy-Ogan, Lynne TITLE The Evolution of Transactional Strategies Instruction in One Teacher's Classroom. Reading Research Report No.19. INSTITUTION National Reading Research Center, Athens, GA.; National Reading Research Center, College Park, MD. SPONS AGENCY Office of Educational Research and Improvement (ED), Washington, DC. PUB DATE 94 CONTRACT 117A20007 NOTE 28p. PUB TYPE Reports Research/Technical (143) EDRS PRICE MF01/PCO2 Plus Postage. DESCRIPTORS Academic Achievement; Discussion (Teaching Technique); Grade 2; *Low Achievement; Primary Education; Reading Improvement; *Reading Instruction; Reading Research; *Reading Strategies; Student Reaction; *Teacher Behavior IDENTIFIERS Students Achieving Independent Learning; *Transactional Teaching Style ABSTRACT A study examined one SAIL (Students Achieving Independent Learning) teacher's development of instructional practices from a reading strategies instructor who promoted some group discussion to an experienced transactional strategies teacher. The teacher taught the same story for three consecutive years to three comparable groups of low-achieving second-grade students. An interaction-tracking and coding scheme was used to analyze the 45-minute lessons for changes in interactional patterns, participation by group members, instructional focus, strategy instruction, and promoted and self-regulated use of strategies by students. By the third year of the study, students participated more actively in story discussion and used strategies with less teacher prompting to support their interpretations of and responses to text. These changes appeared to occur because of modifications in the teacher's instructional practices. The instruction that emerged during the third year could be characterized as transactional strategies instruction, an approach that involves teaching reading group members to use comprehension strategies as they jointly construct interpretations of text.
    [Show full text]
  • Investigating Visual Differences Between Japanese and American Animation
    Rochester Institute of Technology RIT Scholar Works Theses 12-12-2016 Investigating Visual Differences Between Japanese and American Animation Boyao Dai [email protected] Follow this and additional works at: https://scholarworks.rit.edu/theses Recommended Citation Dai, Boyao, "Investigating Visual Differences Between Japanese and American Animation" (2016). Thesis. Rochester Institute of Technology. Accessed from This Thesis is brought to you for free and open access by RIT Scholar Works. It has been accepted for inclusion in Theses by an authorized administrator of RIT Scholar Works. For more information, please contact [email protected]. Running head: INVESTIGATING VISUAL DIFFERENCES 1 Rochester Institute of Technology School of Communication College of Liberal Arts Investigating Visual Differences Between Japanese and American Animation by Boyao Dai A thesis submitted in partial fulfillment of the Master of Science degree in Communication & Media Technologies Degree Awarded: December 12, 2016 INVESTIGATING VISUAL DIFFERENCES 2 The members of the Committee approve the thesis of Boyao Dai presented on December 8, 2016. _______________________________________ Andrea Hickerson, Ph.D. Associate Professor and Director School of Communication ________________________________________ Kelly Norris Martin, Ph.D. Assistant Professor School of Communication Thesis Advisor ________________________________________ Emily Glass Visiting Assistant Professor Department of Imaging Arts & Science Thesis Advisor _______________________________________
    [Show full text]
  • What's in This Syllabus Course Description
    1 FIELDWORK METHODS ANTHRO 1610, FALL 2016 Tozzer 203 Mondays 1-3 Dr. Laurence Ralph Office: Barker 241 Email: [email protected] Office Hours: Thursdays 1-3 Course Description This course provides a critical introduction to some of the key methods used in anthropological research, paying special attention to topic formation, the deployment of theoretical resources, the techniques of engagement in field work sites and with people, and the politics and ethics What’s in this of fieldwork and ethnographic knowledge production. Our approach will combine readings in critical anthropology Syllabus relevant to methodological practice with workshop-style Course Description pg. 1 explorations of particular techniques for gathering, analyzing, and presenting field material. We will explore the Grading Scale pg. 2 limits and powers of ethnography (broadly construed) by setting up model projects and experimenting with typical fieldwork tasks. The course is intended to help students Assignments, develop the tools needed to clarify their own research Readings and projects, while reflecting critically on the history of Exercises pg. 2-7 Anthropology. Rubric for Ethnographic Exercises pg. 8 Lorem Ipsum Dolor [Issue] :: [Date] Integer metus. Lorem. byline [Name] GRADING SCALE WEEKLY BLOG ASSIGNMENT Grades will be based on class participation Pick one of these two questions to write a blog and performance on the eight exercises entry (at least 200 words). Blog entries are due described below. EVERY Friday at noon: 1) What is the most useful aspect of
    [Show full text]
  • Introduction to Interpretive Work
    INTRODUCTION TO INTERPRETIVE WORK TO INTRODUCTION INTRODUCTION TO ARGUMENT: WRITING ABOUT LITERATURE TEXASTEXAS INTRODUCTION TO INTERPRETIVE WORK GRADE 8 08-14-02-TXTM-20 GRADE 8 TEACHER GUIDE TEACHER Introduction to Interpretive Work Grade 8 Introduction to Argument: Writing About Literature © 2020 Inquiry By Design, Inc. 08-14-02-TXTM-20 Table of Contents TABLE OF CONTENTS Texas Essential Knowledge and Skills ..........................................................5 At-A-Glance . 9 Understanding the Features.................................................................13 Introduction . 17 1 Introducing “Everyday Use”: Comprehension Work..........................................21 2 “Everyday Use”: Wrapping Up the Comprehension Work .....................................25 3 Introducing Interpretive Assignment #1...................................................29 4 Interpretive Assignment #1: Whole-Class Discussion .........................................33 IA Articulating the Qualities of Interpretive Writing (Optional Intersession) . 37 5 Interpretive Assignment #1: Drafting Interpretations .........................................41 Next Steps for Student Writing . 46 6 Introducing “It’s That It Hurts”: Comprehension Work .......................................47 7 “It’s That It Hurts”: Wrapping Up the Comprehension Work...................................49 8 Introducing Interpretive Assignment #2...................................................53 9 Interpretive Assignment #2: Whole-Class Discussion .........................................57
    [Show full text]
  • Journal of Jewish Education a Theory of Havruta Learning
    This article was downloaded by: [Brandeis University] On: 04 March 2015, At: 13:38 Publisher: Routledge Informa Ltd Registered in England and Wales Registered Number: 1072954 Registered office: Mortimer House, 37-41 Mortimer Street, London W1T 3JH, UK Journal of Jewish Education Publication details, including instructions for authors and subscription information: http://www.tandfonline.com/loi/ujje20 A Theory of Havruta Learning Orit Kent Published online: 10 Sep 2010. To cite this article: Orit Kent (2010) A Theory of Havruta Learning, Journal of Jewish Education, 76:3, 215-245, DOI: 10.1080/15244113.2010.501499 To link to this article: http://dx.doi.org/10.1080/15244113.2010.501499 PLEASE SCROLL DOWN FOR ARTICLE Taylor & Francis makes every effort to ensure the accuracy of all the information (the “Content”) contained in the publications on our platform. However, Taylor & Francis, our agents, and our licensors make no representations or warranties whatsoever as to the accuracy, completeness, or suitability for any purpose of the Content. Any opinions and views expressed in this publication are the opinions and views of the authors, and are not the views of or endorsed by Taylor & Francis. The accuracy of the Content should not be relied upon and should be independently verified with primary sources of information. Taylor and Francis shall not be liable for any losses, actions, claims, proceedings, demands, costs, expenses, damages, and other liabilities whatsoever or howsoever caused arising directly or indirectly in connection with, in relation to or arising out of the use of the Content. This article may be used for research, teaching, and private study purposes.
    [Show full text]
  • Pragmatic Maxims and Presumptions in Legal Interpretation
    Law and Philosophy Ó Springer Science+Business Media Dordrecht 2017 DOI 10.1007/s10982-017-9306-4 FABRIZIO MACAGNO , DOUGLAS WALTON, GIOVANNI SARTOR PRAGMATIC MAXIMS AND PRESUMPTIONS IN LEGAL INTERPRETATION (Accepted 27 May 2017) ABSTRACT. The fields of linguistic pragmatics and legal interpretation are deeply interrelated. The purpose of this paper is to show how pragmatics and the developments in argumentation theory can contribute to the debate on legal interpretation. The relation between the pragmatic maxims and the presumptions underlying the legal canons are brought to light, unveiling the principles that underlie the types of argument usually used to justify a construction. The Gricean maxims and the arguments of legal interpretation are regarded as presumptions subject to default used to justify an interpretation. This approach can allow one to trace the different legal interpretive arguments back to their basic underlying presumptions, so that they can be compared, ordered, and assessed according to their defeasibility conditions. This approach allows one to understand the differ- ence between various types of interpretive canons, and their strength in justifying an interpretation. I. INTRODUCTION This paper addresses the problem of designing a model of legal interpretation in which the different interpretive canons used in legal theory can be integrated within a broader linguistic theory (Smolka and Pirker 2016). Several approaches to statutory interpretation (see for instance, Tarello 1980; Hutton 2009, pp. 74–79; MacCormick 1995, 2005; MacCormick and Summers 1991; Guastini 2011) advance sets of interpretive arguments (or canons – or maxims – of con- struction), which are framed as isolated arguments militating for or against a given interpretation.
    [Show full text]
  • Intentions: Reply 3 4 to Carston, Collins and Hawthorne 5 AQ1 ERNIE LEPORE and MATTHEW STONE 6 7 8 the Critical Papers in This Special Issue Are Spot On
    MILA MILA_12125 Dispatch: September 1, 2016 Journal: MILA Journal Name Manuscript No. B Author Received: No of pages: 9 TS: suresh 1 2 Semantics, Coherence, and Intentions: Reply 3 4 to Carston, Collins and Hawthorne 5 AQ1 ERNIE LEPORE AND MATTHEW STONE 6 7 8 The critical papers in this special issue are spot on. The authors have offered fair and 9 perspicuous summaries of our book (Lepore and Stone, 2015). We are delighted 10 by their sympathy to some of what we say—and we acknowledge the difficulties 11 of the challenges they raise for us. They have moved the debate forward; a full 12 response would require developing our views further. This is not the place to do 13 so. Perhaps, however, it is appropriate to review some of the distinctive features of 14 our explanatory strategy in Imagination and Convention—features that we think may 15 have to be pressed into broader service in light of the worries that Professors Carston, 16 Collins and Hawthorne raise in their reviews. 17 To start, we would like to emphasize the importance of discourse coherence to our 18 view. We offer a general discussion of discourse coherence in Chapter 6of Imagina- 19 tion and Convention, but see Asher and Lascarides, 2003; Kehler, 2001; and Webber 20 et al., 2003, as well. We use discourse coherence to make certain interpretive depen- 21 dencies and inferential relationships among linguistic expressions explicit in logical 22 form; in so doing, we reveal semantic constraints that in many cases appear to 23 be linguistically encoded.
    [Show full text]