Adults and children spontaneously produce gestures while they speak, and such gestures appear to support and expand on the information communicated by the verbal channel. Little research, however, has been carried out to examine the role played by gesture in the listener's representation of accumulating information. Do listeners attend to the gestures that accompany narrative speech? In what kinds of relationships between gesture and speech do listeners attend to the gestural channel? If listeners do attend to information received in gesture, (...) how is this information represented— is it 'tagged' as originating in the gestural channel? In this article research is described that addresses these questions. Results show that listeners do attend to information conveyed in gesture, when that information supplements or even contradicts the information conveyed by speech. And information received via gesture is available for retelling in speech. These results are taken to demonstrate that gesture is not taken by the listener to be epiphenomenal to the act of speaking, or a simple manual translation of speech. But they also suggest that the information conveyed in a discourse may be represented in a manner that is neither gesture nor language, although accessible to both channels. (shrink)

Building Information Modelling (BIM) is a process for managing construction project information in such a way as to provide a basis for enhanced decision-making and for collaboration in a construction supply chain. One impediment to the uptake of BIM is the limited interoperability of different BIM systems. To overcome this problem, a set of Industry Foundation Classes (IFC) has been proposed as a standard for the construction industry. Building on IFC, the ifcOWL ontology was developed in order to facilitate representation (...) of building data in a consistent fashion across the Web by using the Web Ontology Language (OWL). This study presents a critical analysis of the ifcOWL ontology and of the associated interoperability issues. It shows how these issues can be resolved by using Basic Formal Ontology (ISO/IEC 21838-2) as top-level architecture. A set of competency questions is used as the basis for comparison of the original ifcOWL with the enhanced ontology, and the latter is used to align with a second ontology – the ontology for building intelligent environments (DOGONT) – in order to demonstrate the added value derived from BFO by showing how querying the enhanced ifcOWL yields useful additional information. (shrink)

It is no longer a revelation that companies have some responsibility to uphold human rights. However, delineating the boundaries of the relationship between business and human rights is more vexed. What is it that we are asking corporations to assume responsibility for and how far does that responsibility extend? This article focuses on the extent to which economic, social and cultural rights fall within a corporation's sphere of responsibility. It then analyses how corporations may be held accountable for violations of (...) such rights. Specifically, the article considers the use of soft law as a protective mechanism; it also details how victims of harmful corporate behaviour are using litigation (pursuant to ATCA and common law domestic causes of action) to seek redress and recognition of the harms they have directly or indirectly experienced. The article concludes with an analysis of Professor Ruggie's (the United Nations Special Representative on the issue of transnational corporations and human rights) 2008 and 2009 Reports in which it is suggested that a respect-based framework must be interpreted as imposing proactive requirements on companies to prevent the infringement of human rights. Future efforts must also be directed towards the recognition of a specialised complementary corporate responsibility to protect human rights. (shrink)

Drawing from contemporary blog data, this article examines an emerging project termed “neuroqueer.” Neuroqueer is a collaboration of activists, academics, and bloggers engaging in online community building. Neuroqueer requires those who engage in it to disidentify from both oppressive dominant and counterculture identities that perpetuate destructive medical model discourses of cure. It is a queer/crip response to discussions about gender, sexuality, and disability as pathology that works to deconstruct normative identity categories. Blog members employ neuroqueer practices to subversively combat exclusion (...) through rejection of able-hetero assimilation and counteridentification in favor of disidentification. Of particular interest for this special issue are the ways in which neuroqueer perspectives build more fluid conceptualizations of both gender and intersectionality through conscious disidentification from neurotypical norms and medical notions of cure on which they are often unconsciously based. (shrink)

Humor plays an essential role in human interactions. Precisely what makes something funny, however, remains elusive. While research on natural language understanding has made significant advancements in recent years, there has been little direct integration of humor research with computational models of language understanding. In this paper, we propose two information-theoretic measures—ambiguity and distinctiveness—derived from a simple model of sentence processing. We test these measures on a set of puns and regular sentences and show that they correlate significantly with human (...) judgments of funniness. Moreover, within a set of puns, the distinctiveness measure distinguishes exceptionally funny puns from mediocre ones. Our work is the first, to our knowledge, to integrate a computational model of general language understanding and humor theory to quantitatively predict humor at a fine-grained level. We present it as an example of a framework for applying models of language processing to understand higher level linguistic and cognitive phenomena. (shrink)

Finding a naturalistic account of biological function is important both for making sense of the way functions are talked about in biology and medicine and for the project in the philosophy of mind of naturalising mental content via teleosemantics. The selected effects theory accounts for the proper functions of traits in terms of their selectional history, and is widely considered to be the most promising approach to naturalising biological functions. However, new challenges to the selected effects account have recently emerged. (...) Matthewson ( 2020 ) argues that natural selection comes in degrees and that on the face of it biological function does not, suggesting that analysing the latter in terms of the former is therefore problematic. Christie et al. (forthcoming) argue that the selected effects account of function does not fit with biologically detailed accounts of actual selection processes, in that it focuses on the functions of traits of individuals rather than the frequency of traits in populations and does not generate accurate selectional explanations in cases in which there is not a uniform selective environment. This paper defends the selected effects account against these challenges, arguing that a viable response to Matthewson is that _any_ degree of selection suffices to confer proper functions, and that Christie et al. mischaracterise the aims and assumptions of the selected effects account. (shrink)

This paper aims to expose the potential for adapting Althusser’s theory of interpellation to a phenomenological framework, with the help of its recoveries by Judith Butler and Sara Ahmed. Not only do their writings help to address several criticisms of Althusser’s theory of ideology –notably its latent determinism and universalization of the subject– but they also help us better understand how ideology functions at the level of the marginalized body. Indeed, ideology acts as a discursive and corporeal orientation of the (...) subject in the world, and this by limiting its space, its temporality and the objects accessible to it. By linking interpellation and the body, it will also be possible to expand Butler’s theory of emancipation towards a bodily performativity having the lived body as its object. To this effect, we will point out that Ahmed’s writings on interpellation complement Butler’s, as they open the door to a resistance to ideology embedded in the body via the concept of disorientation. While disorientation can serve as a mechanism of subjugation, it can also, according to some phenomenologists, create new emancipatory paths and possibilities for the marginalised subject. (shrink)

Causal and predictive learning research often employs intuitive and familiar hypothetical scenarios to facilitate learning novel relationships. The allergist task, in which participants are asked to diagnose the allergies of a fictitious patient, is one example of this. In such studies, it is common practice to ask participants to ignore their existing knowledge of the scenario and make judgments based only on the relationships presented within the experiment. Causal judgments appear to be sensitive to instructions that modify assumptions about the (...) scenario. However, the extent to which prior knowledge continues to affect competition for associative learning, even after participants are instructed to disregard it, is unknown. To answer this, we created a cue competition design that capitalized on prevailing beliefs about the allergenic properties of various foods. High and low allergenic foods were paired with foods moderately associated with allergy to create two compounds; high + moderate and low + moderate. We expected high allergenic foods to produce greater competition for associative memory than low allergenic foods. High allergenic foods may affect learning either because they generate a strong memory of allergy or because they are more salient in the context of the task. We therefore also manipulated the consistency of the high allergenic cue-outcome relationship with prior beliefs about the nature of the allergies. A high allergenic food that is paired with an inconsistent allergenic outcome should generate more prediction error and thus more competition for learning, than one that is consistent with prior beliefs. Participants were instructed to either use or ignore their knowledge of food allergies to complete the task. We found that while participants were able to set aside their prior knowledge when making causal judgments about the foods in question, associative memory was weaker for the cues paired with highly allergenic foods than cues paired with low allergenic foods regardless of instructions. The consistency manipulation had little effect on this result, suggesting that the effects in associative memory are most likely driven by selective attention to highly allergenic cues. This has implications for theories of causal learning as well as the way causal learning tasks are designed. (shrink)

Conceived to commemorate the victims of South Korea’s participation in the Vietnam War, the statue of the Vietnam Pieta invites us to question who shapes the memory of this neglected facet of the conflict. The present article analyzes the various actors involved in this contentious process in and across both countries, starting with the South Korean activists behind the statue’s making and the movement for recognizing the crimes committed by their army. Examining these activists’ advocacy work since the late 1990s, (...) the article argues that they are triply situated in the fight over remembering South Korea’s intervention in Vietnam. Truth advocates first appear in a position of privilege and leadership vis-à-vis Vietnamese victims of South Korean military wrongdoings, which raises the issue of the material and political asymmetries at stake in the construction of memory. Simultaneously, the same advocates occupy a position of marginality vis-à-vis the dominant public discourse held on the war by Hanoi and Seoul, whose common interest lies in deepening their mutually beneficial but unequal economic partnership. Thirdly, the memory of the conflict pits truth activists against another group within their own civil society: veterans’ organizations aggressively denying all war crimes accusations. Ultimately, remembering the war is not the object of a bilateral dispute between the South Korean and Vietnamese states, but rather a site of domestic tensions within South Korea itself. (shrink)

Denis Dutton’s The Art Instinct succeeds admirably in showing that it is possible to think about art from a biological point of view, and this is a significant achievement, given that resistance to the idea that cultural phenomena have biological underpinnings remains widespread in many academic disciplines. However, his account of the origins of our artistic impulses and the far-reaching conclusions he draws from that account are not persuasive. This article points out a number of problems: in particular, problems with (...) Dutton’s appeal to sexual selection, with his discussion of the adaptation/by-product distinction and its significance, and with drawing normative conclusions from evolutionary hypotheses. (shrink)

Scholars have suggested that leaders’ ethical failures at the beginning of the twenty-first century have raised awareness about the importance of ethical leadership (EL). Yet, there has been no systematic effort to evaluate whether this awareness indeed led to changes in EL or how followers react to this leadership style over time. To address this gap, we examine the evolution in EL means, variability, and its associations with follower outcomes between 2004 and 2019. Our cross-temporal meta-analysis included 359 independent samples (...) from 314 studies published between 2005 and 2020 and focused on followers’ ratings of their leaders using the Ethical Leadership Scale (ELS; Brown et al., in Organizational Behavior and Human Decision Processes, 97(2), 117–134, 2005). Using cubic spline meta-regressions, our results indicated no global changes in EL mean levels and variability across the 15-year period. Nevertheless, country-level comparisons revealed different EL-trends in China (i.e. decrease) versus the United States (i.e. stable), and further moderation analyses highlighted the role of cultural value dimensions and national corruption rates. Finally, we also found that the relationship between EL and desirable follower outcomes (e.g. organizational citizenship behavior) became gradually stronger over time on a global level. These results provide a solid empirical basis to evaluate cross-temporal trends in EL and its (changing) impact on follower outcomes across the globe. (shrink)

The integration of issues related to sustainability in management curricula is a subject of growing interest, especially as organizations – businesses and universities alike – are urged to take their share of responsibilities in the face of crises and need to deeply transform our lifestyles towards a more sustainable world. This article’s purpose is to explore the challenges and opportunities of integrating sustainability issues in business schools’ curricula. The conceptual argument developed in the article leads us to suggest that the (...) integration of sustainability in management schools could be conceptualized as a trajectory of continuous improvement over time. (shrink)

The presentation and paper for this conference go to the heart of the relationship between globalization and poverty worldwide. Data from the United Nations reveal the dramatic increase in exports and imports from 1990 to 2004, along with the uneven economic performance/quality of life across development groupings and geographical regions. Thus, findings suggest the possibility that trade growth has failed expectations that developing countries would rise to greater levels of productivity and subsequendy reduce abject poverty. Nonetheless, the situation is far (...) from hopeless and real progress can occur with a continued movement by transnational corporations toward socially responsible human rights, proactive governmental strategies that support productive dynamism, and removal of public policies that unfairly restrict less developed nations. (shrink)

Our aim in this paper is to provide a referential account of functional anaphora within a Skolem functions framework. We will give an interpretation of indefinite NPs as Skolem terms in order to show that the referential link established between an anaphoric pronoun and its antecedent is a descriptive one. Then we will argue that functional anaphora can be understood as a particular kind of E-type pronouns, in the sense that, for a large corpus, the pronoun can be replaced by (...) a descriptive expression of a first-order language. It will next be shown that the functional framework can be fruitfully applied to other kinds of sentences involving pronominal anaphora,especially in modal contexts. (shrink)

We examine a special case of inquiry games and give an account of the informational import of asking questions. We focus on yes-or-no questions, which always carry information about the questioner's strategy, but never about the state of Nature, and show how strategic information reduces uncertainty through inferences about other players' goals and strategies. This uncertainty cannot always be captured by information structures of classical game theory. We conclude by discussing the connection with Gricean pragmatics and contextual constraints on interpretation.

Developing and implementing a meaningful code of conduct by managers or consultants may require a change in orientation that modifies the way these precepts are determined. The position advocated herein is for a different approach to understanding and organizing the guiding parameters of the firm that requires individual reflection and empowerment of the entire organization to advance their shared values. The processes involved are discussed using four discrete stages that move from the personal to the work team and to the (...) unit to the full company, followed by the board of directors’ evaluation. The hoped-for end product is dynamic, employee-driven, codes of conduct that recognize the systemic and far-reaching impact of organizational activities across internal and external stakeholders. Operational details for and some issues associated with its implementation are also provided. (shrink)

Killing a sleeping person is a popular motif in world literature and can be found already in the Iliad, with the murder of the sleeping Rhesus. The present paper surveys the motif of killing a sleeper in Greek and Roman literature and in iconography, where the dastardliness of the deed is clearly accentuated. The sleeping chamber was hard for outsiders to access, for which reason this method of killing was prioritised by certain groups, such as slaves and women. In the (...) same way, both these groups acted as accomplices by allowing the murderer access to the bedroom. In the military sphere, the nocturnal attack is a topos for the immoral military conduct of barbarians. However, the sudden attack on a sleeping army was used also by the Romans in desperate military situations or as an act of reprisal for strategic purposes. Overall, a moral valuation of this method of violence can be confirmed, based on similar motives. (shrink)

Ratio Juris, Volume 34, Issue 2, Page 106-120, June 2021.

A patent agent is a person with recognised expertise in the field of intellectual property generally and patents specifically. In the UK patent agents form an elite professional community, membership of which is denoted by inclusion on the Register of Patent Agents. The Register exists under statute and is maintained by The Chartered Institute of Patent Attorneys (CIPA), a body empowered by royal charter of which most patent agents are also members.

In March 2010, a United States (U.S.) District Court held that isolated human genes are “products of nature”, and methods of analysis and comparison “abstract mental processes”, for which a U.S. patent cannot validly be granted. Its decision undermined U.S. patent granting practices, and widens the gap between U.S. and European law on what constitutes inherently patentable subject matter (“inventions”), as well as a proportionate patent grant.

This review article offers a European perspective on the pluralistic, principles-based model of intellectual property (IP) advanced by Robert Merges in his book Justifying Intellectual Property. After introducing Merges’s model and theory of IP with reference to IP theories generally, other pluralistic legal models, and patterns of judicial reasoning in the patent and copyright fields, the article argues that European jurisprudence offers broad support for Merges’s operational model of IP, while also challenging certain aspects of his wider analysis. They include (...) his ‘one size fits all’ foundational theory of IP, his account of key IP rules and practices, and his choice and conception of IP’s midlevel principles. Through this critique the article draws attention to the utilitarian bias of Merges’s model; a bias which undermines its pluralistic claims, in part by undermining Merges’s own foundational theory of IP. The result is to underline the limits of a regime unconcerned with its own normative basis, and the need for more rather than less discussion of IP theory, including more work of the type that Merges’s book undertakes. (shrink)

The Patent Cooperation Treaty (PCT) is an international treaty that was concluded in 1970 as a special agreement under the 1883 Paris Convention for the Protection of Industrial Property. It establishes an international system for the filing and examination of patent applications and the conduct of “prior art” (technical literature) searches that is administered by a network of national and regional patent offices acting as Receiving Offices, International Searching Authorities and/or International Preliminary Examining Authorities. Its specific purpose is to help (...) inventors obtain a patent for the same invention in two or more PCT countries by allowing them to assert their claim internationally have it subjected to preliminary assessment before committing to one or more local applications. It thus reduces the risk of wasted expenditure by enabling an applicant to postpone the decision to pursue an application to grant until confident of its success. By creating a series of pre-grant procedures with recognised validity in each of the PCT’s nearly 140 countries, it also provides a basis for the harmonisation of patentability standards and facilitates the move toward the creation of an international patent. (shrink)

To have the burden of proof is to be rationally required to argue for or provide evidence for your position. To have a heavier burden than an opponent is to be rationally required to provide better evidence or better arguments than they are required to provide. Many commentators suggest that differential or uneven distribution of the burden of proof is ubiquitous. In reasoned discourse, the idea goes, it is almost always the case that one party must prove the claim at (...) issue to prevent the opposing view winning by default. The following passage is typical of the sort of thing one finds in critical thinking textbooks. (shrink)

The California Critical Thinking Dispositions Inventory is a commonly used tool for measuring critical thinking dispositions. However, research on the efficacy of the CCTDI in predicting good thinking about students’ own deeply held beliefs is scant. In this paper we report on preliminary results from our ongoing study designed to gauge the usefulness of the CCTDI in this context.

La famille a longtemps t considre comme une unit sociale compose de trois relations simples : mari-femme, parent-enfant et matre-serviteur. Mais la fin du dix-huitime sicle, la dimension affective de la famille devient prpondrante, ce qui en exclut progressivement les serviteurs. Cette tude se penche sur le moment crucial de l'histoire des ides ou le paradigme familial est en train de changer, en s'intressant aux discours sur la famille d'une srie de penseurs issus de la tradition du droit naturel moderne (...) et des Lumires cossaises. Dans un effort constant de replacer chaque relation analyse dans le cadre de la famille, et la famille dans l'argument politique et philosophique plus gnral dfendu par ces auteurs, cette tude montre que la famille, loin d'tre une question subsidiaire, joue un role important dans la comprhension des rapports sociaux cette poque. (shrink)

M. B. Hintikka and J. Hintikka claimed that their reconstruction of the ‘Sherlock Holmes sense of deduction’ can “serve as an explication for the link between intelligence and memory”. The claim is vindicated, first for the single-agent case, where the reconstruction captures strategies for accessing the content of a distributed and associative memory; then, for the multi-agent case, where the reconstruction captures strategies for accessing knowledge distributed in a community. Moreover, the reconstruction of the ‘Sherlock Holmes sense of deduction’ allows (...) to conceptualize those strategies as belonging to a continuum of behavioral strategies. (shrink)

With an upsurge of interest and investment in new legal technologies comes consideration of who is making them and whether these individuals or entities should be subject to regulation. This article looks at how such regulation might function in light of the existing regulatory regimes governing lawyers and the capacities of legal regulators. It considers the ramifications both of maintaining the existing system, or in extending some form of regulation to these new entrants to the legal services market.

We describe a class of semantic extensive entailment game with algorithmic players, related to game-theoretic semantics, and generalized to classical first-order semantic entailment. Players have preferences for parsimonious spending of computational resources, and compute partial strategies, under qualitative uncertainty about future histories. We prove the existence of local preferences for moves, and strategic fixpoints, that allow to map eeg game-tree to the building rules and closure rules of Smullyan's semantic tableaux. We also exhibit a strategy profile that solves the fixpoint (...) selection problem, and can be mapped to systematic constructions of semantic trees, yielding a completeness result by translation. We conclude on possible generalizations of our games. (shrink)

Achieving genuine engagement and understanding between communities with radically divergent worldviews is challenging. If there is no common ground on which to stand and have a discussion, the likely outcomes of an apparent intercultural disagreement are a stalemate, or the (sometimes colonialist) imposition of a single worldview, or a kind of relativistic tolerance that falls short of genuine engagement. In this paper, we suggest a way forward that takes as its starting point the philosophical discussion of deep disagreement, using the (...) example of taniwha (powerful water beings that must be treated with respect) to outline a strategy for building intercultural understanding and enabling constructive intercultural dialogue. (shrink)

In this paper we consider the prospects for an account of good argument that takes the character of the arguer into consideration. We conclude that although there is much to be gained by identifying the virtues of the good arguer and by considering the ways in which these virtues can be developed in ourselves and in others, virtue argumentation theory does not offer a plausible alternative definition of good argument.