The article considers the changes that have affected European border regimes of migration control as a testcase for discussing arbitrariness. The argument highlights the limited capacity of notions of arbitrariness defined as a departure from the rule of law to capture the ongoing conflict at the borders of Europe and brings, instead, to the foreground the ambivalent meaning of arbitrariness. By comparing Santi Romano’s classical theory of legal pluralism with recent analyses of legal globalization processes, arbitrariness emerges either as an (...) authoritative attempt to impose a different order on society or as a means to contrast acts of resistance to border regimes. In both cases, arbitrariness forcefully blurs the limits between the ordered and unordered, indicating the paradoxical impossibility of excluding the law’s outside from the legal order. On these premises, the article advocates the importance of reframing the demand for open borders as a call for freedom of those who challenge the pragmatic order of migration regimes. Indeed, arbitrariness is necessarily limited when the legal order recognizes, to an extent, the agency and the claims of subjectivities that resist the dichotomy between inclusion and exclusion. Keywords: migration, arbitrariness, borders, legal order. (shrink)

This article examines the relationship between online dispute resolution (ODR) and trust. We discuss what trust is, why trust is important, and how trust develops. Our claim is that efforts to implement online dispute resolution on a site or service in a manner that promotes trust need to consider ODR as just one tool in a broader toolbox of trust-building tools and techniques. These techniques are amongst others marketing, education, trust seals, and transparency. By evaluating ODR in its proper context (...) as one component of a larger trust strategy, we can more accurately set expectations for its results and position our projects for success. (shrink)

The information explosion and digital modes of learning often combine to inform the quest for the best ways of transforming information in digital form for pedagogical purposes. This quest has become more urgent and pervasive with the ‘turn’ to online learning in the context of COVID-19. This can result in linear, asynchronous, transmission-based modes of teaching and learning which commodify, package and deliver knowledge for individual ‘customers’. The primary concerns in such models are often technical and economic – technology as (...) a cost-effective ‘solution’ to educational challenges. In this paper I argue for the importance of dialogic learning space in teaching and learning by means of Information and Communication Technologies, whether in the form of fully online learning, blended learning or face-to-face encounters using ICT affordances. Although the 20th Century theorists Mikhail Bakhtin (1895–1975) and Hans-Georg Gadamer (1900–2002) produced their seminal works before the advent of ICTs, they were both concerned with the quality and authenticity of human engagement with texts and with other persons and contexts. Besides a shared interest in dialogue as an ontological feature of human life and being, they both used spatiotemporal concepts for understanding and interpreting texts. The article draws on Gadamer’s notions of dialogue and horizon, and Bakhtin’s notions of dialogue and chronotope, to conceptualize dialogic possibilities for online education. Its purpose is to provide a framework, grounded in Bakhtin’s and Gadamer’s ideas, for a dialogic approach to online teaching and learning in higher education. (shrink)

Jesus of Nazareth, like Socrates, left nothing behind written by himself. Yet, the records of his teaching indicate a rich interest in dialogic pedagogy, reflected in his use of the parable, primarily an oral genre, as a dialogic provocation. Working at the interface of pedagogy, theology and philosophy, this article explores the parable of the Good Samaritan from the perspective of dialogic pedagogy. It employs an analytical approach termed diacognition, developed from the notions of dialogue, position and cognition, to analyse (...) the moves within the parable and the teaching situation in which it is located. The article explores how Jesus engages the dialogue of and around the parable to position and reposition his interlocutor, provoking a re-cognition of what it means to love one’s neighbour. It concludes by reflecting on the implications of this analysis for the relation of meaning to knowing and doing. (shrink)

Dialogue is a seminal concept within the work of the Brazilian adult education theorist, Paulo Freire, and the Russian literary critic and philosopher, Mikhail Bakhtin. While there are commonalities in their understanding of dialogue, they differ in their treatment of dialectic. This paper addresses commonalities and dissonances within a Bakhtin-Freire dialogue on the notions of dialogue and dialectic. It then teases out some of the implications for education theory and practice in relation to two South African contexts of learning that (...) facilitate the access to education of disadvantaged groups, one in higher education and the other in early childhood education. (shrink)

The close ties between law and psychiatric illness challenge our effort to understand the complex semantics of Western culture and the foundations of law in the heart of that culture. It is, however, difficult to be immediately confronted with the limitations of these semantics. Can one ever achieve a refined precision of psychiatric issues? Lawyers and psychiatrists tend to disregard the fact that people live within different realms of expressiveness, even where the same phenomena seem apparent. They neutralize all relativity (...) and design a quasi-universal body of legal doctrines or construct an all-embracing medical nosology. The question remains what practices of judgment are justifiable when the history books demonstrate the ever-changing character of the idea of a common good and a well-ordered life. Notions of relativity accompany decisions to punish or to cure, to exclude or to include, to disregard or to consider. In these decisions, there are never supracultural notions at hand and only rarely ideas that reach beyond the boundaries of either profession's own discourse. (shrink)

‘Rule-following’ is a name for a cluster of phenomena where we seem both guided and “normatively” constrained by something general in performing particular actions. Understanding the phenomenon is important because of its connection to meaning, representation, and content. This article gives an overview of the philosophical discussion of rule-following with emphasis on Kripke’s skeptical paradox and recent work on possible solutions. Part I of this two-part contribution is devoted to the basic issues from Wittgenstein to Kripke. Part II will be (...) about recent answers to the skeptical paradox and Boghossian’s and Wright’s new puzzles. (shrink)

The dominant rule of economic evaluation within health care posits that resources are distributed in order to maximize health benefit. There are instances, however, where the public has demonstrated that they do not prefer such an allocation scheme, particularly in the context of life-saving interventions. Objectives Deviations from preferences of maximizing health benefit have important implications on both financial and distributive levels. This study sought to specify the circumstances in which respondent preferences are inconsistent with maximizing health benefit. Methods Ninety (...) respondents recruited from the London School of Economics and Political Science completed a questionnaire comprised of a series of paired profiles involving various combinations of life-saving or quality-of-life enhancing interventions. Results The results indicate that saving a life holds value beyond that captured by traditional health benefit measurement and that the value of saving a life is not consistent across ages. More specifically, the value of saving a life was age-dependent and markedly attenuated for older-age patients. Conclusions Many respondents were willing to overlook maximizing health benefit in order to rescue a life in immediate peril, and showed a diminished sense of moral imperative to rescue older-age patients. In light of difficulties related to the implementation of larger-scale policies incorporating Rule of Rescue concerns, the most realistic approaches will likely involve adopting smaller-scale policies that address issues such as do not resuscitate (DNRs) and living wills. Potential policy solutions such as age or monetary thresholds for life-saving interventions may be favoured in a research context; however, their overall social feasibility is questionable. (shrink)

I first distinguish issues about rules and issues about language in Wittgenstein. I then I distinguish private and private rules and argue that there can be private rules because norms of reasoning are private rules. I suggest that Wittgenstein may have equated rules with public rules. I end with reflections on private language.

What are rules? In this paper I develop a view of regulative rules which takes them to be a distinctive normative kind occupying a middle ground between orders and normative truths. The paradigmatic cases of regulative rules that I’m interested in are social rules like rules of etiquette and legal rules like traffic rules. On the view I’ll propose, a rule is a general normative content that is in force due to human activity: (...) enactment by an authority or acceptance by a community. Rules are unlike orders in being not necessarily communicative, not an expression’s of the giver’s will, not evaluable for sincerity, and in that they have propositional content. And they’re unlike normative truths in that they’re themselves not even truth-evaluable (though their contents are). This is because rules qua things that are in force are not like constatives which have a mind to world direction of fit, but more like performatives. Furthermore, they differ from normative truths in that their normativity is isolated from their background justification and is therefore not dependent on contributory notions like reasons coming together in a weighing explanation. As such, they occupy a middle ground between orders and normative truths, much like in H. L. A. Hart’s opinion law occupies a middle ground between “coercion” and “morality” (Hart 1961/1994). I also illustrate the virtues of this understanding of rules by showing how proper appreciation of how they differ from normative truths helps us defuse a common objection to Hart’s practice theory of rules. (shrink)

In Rules and Representations, first published in 1980, Noam Chomsky lays out many of the concepts that have made his approach to linguistics and human cognition so instrumental to our understanding of language.Chomsky arrives at his well-known position that there is a universal grammar, structured in the human mind and common to all human languages. Based on Chomsky's 1978 Woodbridge Lectures, this edition contains revised versions of the lectures and two new essays.

We consider the problem of choosing the location of a public facility either (a) on a tree network or (b) in a Euclidean space. (a) (1996) characterize the class of target rules on a tree network by Pareto efficiency and population-monotonicity. Using Vohra's (1999) characterization of rules that satisfy Pareto efficiency and replacement-domination, we give a short proof of the previous characterization and show that it also holds on the domain of symmetric preferences. (b) The result obtained for (...) model (a) proves to be crucial for the analysis of the problem of choosing the location of a public facility in a Euclidean space. Our main result is the characterization of the class of coordinatewise target rules by unanimity, strategy-proofness, and either replacement-domination or population-monotonicity. (shrink)

In the citizen–candidate approach each citizen chooses whether or not to run as candidate. In a single-peaked preference domain, we find that the strategic entry decision of the candidates eliminates one of the most undesirable properties of Plurality rule, namely to elect a poor candidate in three-candidate elections since as we show, the Condorcet winner among the self-declared candidates is always elected. We find that the equilibria with three candidates are basically 2-fold, either there are two right-wing candidates and a (...) left-wing candidate who wins the elections (or its symmetric), or there is a right-wing candidate, a left-wing candidate, and a candidate located in between the two others who becomes winner. We also show that when four or more candidates enter the contest, Plurality rule can elect the Condorcet-loser among the self-declared candidates. (shrink)

The book from which these sections are excerpted is concerned with the prospects for assimilating the study of human intelligence and its products to the natural sciences through the investigation of cognitive structures, understood as systems of rules and representations that can be regarded as These mental structui′es serve as the vehicles for the exercise of various capacities. They develop in the mind on the basis of an innate endowment that permits the growth of rich and highly articulated structures (...) along an intrinsically determined course under the triggering and partially shaping effect of experience, which fixes parameters in an intricate system of predetermined form. It is argued that the mind is modular in character, with a diversity of cognitive structures, each with its specific properties arid principles. Knowledge of language, of the behavior of objects, and much else crucially involves these mental structures, and is thus not characterizable in terms of capacities, dispositions, or practical abilities, nor is it necessarily grounded in experience in the standard sense of this term. (shrink)

Many philosophers think that games like chess, languages like English, and speech acts like assertion are constituted by rules. Lots of others disagree. To argue over this productively, it would be first useful to know what it would be for these things to be rule-constituted. Searle famously claimed in Speech Acts that rules constitute things in the sense that they make possible the performance of actions related to those things (Searle 1969). On this view, rules constitute games, (...) languages, and speech acts in the sense that they make possible playing them, speaking them and performing them. This raises the question what it is to perform rule-constituted actions (e. g. play, speak, assert) and the question what makes constitutive rules distinctive such that only they make possible the performance of new actions (e. g. playing). In this paper I will criticize Searle’s answers to these questions. However, my main aim is to develop a better view, explain how it works in the case of each of games, language, and assertion and illustrate its appeal by showing how it enables rule-based views of these things to respond to various objections. (shrink)

Rule-following has become a focus of philosophical interest since Kripke’s interpretation of Wittgenstein’s Philosophical Investigations. The case which Kripke makes is an argument against reducing the description of the beliefs of a person to a description in naturalistic terms. However, it has also implications for the metaphysics of mind. I claim that, contrary to what one might except, Kripke’s case contains an argument in favour of materialism in ontology.

The rule-following debate, in its concern with the metaphysics and epistemology of linguistic meaning and mental content, goes to the heart of the most fundamental questions of contemporary philosophy of mind and language. This volume gathers together the most important contributions to the topic, including papers by Simon Blackburn, Paul Boghossian, Graeme Forbes, Warren Goldfarb, Paul Horwich, John McDowell, Colin McGinn, Ruth Millikan, Philip Pettit, George Wilson, and José Zalabardo. This debate has centred on Saul Kripke's reading of the rule-following (...) sections in Wittgenstein and his consequent posing of a "sceptical paradox" that threatens our every day notions of linguistic meaning and mental content. These essays are attempts to respond to this challenge and represent some of the most important work in contemporary theory of meaning. They examine the notion of meaning; whether it is possible to find a suitable meaning-constituting fact from our previous behaviour or mental histories; objections to, and defenses of, dispositional accounts of meaning; the plausibility of non-factualism about meaning; our attempts to develop non-reductionist accounts of meaning; and the sources of the normativity which attaches to meaning, such as the linguistic practice of the community or the dispositions of the individual. With an introductory essay and a comprehensive guide to further reading the book is an excellent resource for courses in philosophy of mind, philosophy of language, Wittgenstein, and metaphysics, as well as for all philosophers, linguists, and cognitive scientists with interests in these areas. Contributors include Simon Blackburn, Paul Boghossian, Graeme Forbes, Warren Goldfarb, Paul Horwich, John McDowell, Colin McGinn, Alexander Miller, Ruth Garrett Millikan, Philip Pettit, George. M. Wilson, Crispin Wright, and José L. Zalabardo. (shrink)