Lak?a?�� as Inference

This paper questions a few assumptions of Ga?ge?a Up??dhy??ya??s theory of ordinary verbal cognition (laukika-???bdabodha). The meaning relation (v?tti) is of two kinds: ?akti (which gives us the primary referent of a word) and lak?a??? (which yields the secondary referent). For Ga?ge?a, the ground (b??ja) of lak?a??? is a sort of inexplicability (anupapatti) pertaining to the composition (anvaya) of word-meanings. In this connection, one notices that the case of lak?a??? is quite similar to that of one variety of postulation, namely, ?rut??rt??th??patti, where the subject hears only a part of a sentence and immediately grasps the words that are needed to render the sentential meaning complete. Unless he does that, sentential meaning, i.e., the composition (anvaya) of word-meanings shall suffer from the same inexplicability that characterizes instances of lak?a???. In fact, in the ???aktiv??da?? section of Tattvacint??ma?i, Ga?ge?a himself draws a parallel between the cognition of sentential meaning in a ?rut??rth??patti-like case and the cognition of sentential meaning in an instance of lak?a???. However, Ga?gesa himself treats ?rut??rth??patti as a piece of inferential cognition. If there is no fundamental difference between cases of ?rut??rth??patti and cases of lak?a???, then the cognition of sentential meaning in instances of lak?a??? must also be inferential in essence. In that case, we must admit, against Ga?ge?a??s view, that such cognition of sentential meaning cannot be accommodated within the framework of verbal cognition (???bdabodha). Therefore, I conclude that some revision is needed in Ga?ge?a??s theory of verbal cognition with respect to lak?a???.     

Lak?a?ā as a Creative Function of Language

When somebody speaks metaphorically, the primary meanings of their words cannot get semantically connected. Still metaphorical uses succeed in conveying the message of the speaker, since lak?a?ā, a meaning-generating faculty of language, yields the suitable secondary meanings. Ga?ge?a claims that lak?a?ā is a faculty of words themselves. One may argue: “Words have no such faculty. In these cases, the hearer uses observation-based inference. They have observed that sometimes competent speakers use the word w in order to mean s, when p, the primary meaning of w does not make any semantic sense. In all such cases, s is actually related to p. After having observed this, when the hearer hears the utterance of w, and realizes that w’s primary meaning p is semantically unfit for the sentence-meaning, they infer on the basis of their prior observation that ‘the competent speaker must mean s by uttering w’. Thus lak?a?ā becomes a success.” This apparently well-argued reduction does not stand the critical examination; neither in Ga?ge?a’s framework, nor even in the general theory of language. For one can compose and interpret potentially infinite novel sentences based on lak?a?ā while the observational inferences one can make are finite. Ga?ge?a says very clearly that as far as the secondary meaning is concerned, no prior observation is required. This paper will argue that not only does language yield secondary meanings through lak?a?ā, but it also restricts the use of secondary meanings; for one cannot mean just anything by saying something. Lak?a?ā is a creative function with infinite potential within the limits set up by the language faculty.     

To marry a thief? Crime type as a deterrent to cohabitation

Objectives

Using a vignette study, we investigated the relative attractiveness as cohabitation partners of five different types of offenders, male as well as female.

Methods

Respondents advised a hypothetical person whether he or she should start cohabiting with his or her partner who had offended once. Gender and type of offence were systematically varied.

Results

Our findings suggest that violent offenders are equally attractive as serious property offenders. Against expectation, perpetrators of relational violence are not rated as less attractive than other violent offenders, even if they are male, and also when females are the raters. Male violent offenders are rated as less attractive cohabitation partners than female violent offenders. Sex offenders are the least attractive cohabitation partners, particularly those who had offended against a child.

Conclusions

Crime type matters: sex offending impacted consistently negatively on cohabitation advice. This effect may be partly due to the fact that many regard sex offenders as incurable and ‘deviant.’ Violent offending did not elicit markedly negative advice. Perhaps it was considered less of a risk because of the message in the vignette that the prospective cohabitants had a good relationship. It may also be that many young people have been in a fight or have slapped someone in their lives, and, therefore, downplay the seriousness of this offence.

     

The BDAE Complex Ideational Material—a Measure of Receptive Language or Performance Validity?

Scores on the Complex Ideational Material (CIM) were examined in reference to various performance validity tests (PVTs) in 106 adults clinically referred for neuropsychological assessment. The main diagnostic categories, reflecting a continuum between neurological and psychiatric disorders, were epilepsy, psychiatric disorders, postconcussive disorder, and psychogenic non-epileptic seizures. Cross-validation analyses suggest that in the absence of bona fide aphasia, a raw score ≤9 or T score ≤29 on the CIM is more likely to reflect non-credible presentation than impaired receptive language skills. However, these cutoffs may be associated with unacceptably high false positive rates in patients with longstanding, documented neurological deficits. Therefore, more conservative cutoffs (≤8/23) are recommended in such populations. Contrary to the widely accepted assumption that psychiatric disorders are unrelated to performance validity, results were consistent with the psychogenic interference hypothesis, suggesting that emotional distress increases the likelihood of PVT failures even in the absence of apparent external incentives to underperform on cognitive testing.     

Child Abuse as a Catalyst for Wife Abuse?

This paper draws on Matza’s (1964/1990) theory of deviance to propose that the father’s current abuse of the child moderates the relationship between father’s patriarchal beliefs and current perpetration of husband violence in South Korea. Drawing on Matza’s concept of neutralizing beliefs, the paper argues that child abuse potentiates patriarchal beliefs, allowing husbands to extend rationalizations for child abuse to rationalizations for wife abuse, resulting in an interaction effect. The paper tests this hypothesized interaction effect using data from a nationally representative sample of 585 South Korean men. The paper then tests a competing alternative hypothesis that any type of violence (including violence outside the family) by the father acts as a moderator. Support is found for the child abuse as moderator hypothesis but not for the competing hypothesis.     

“Ought to” as a Chinese Legal Performative?

The article discusses the legal performatives as used in Chinese legislative language consisting of bixu (shall), yingdang (should or ought to), keyi (may) and bude (shall not) with the illocutionary force of imposing obligations, conferring rights and permission, and prohibition (bude). It postulates that the use of bixu and yingdang is traceable to the influence of the ancient Chinese cultural and legal philosophy of li and fa. It argues that Chinese language is a carrier of messages with built-in Chinese cultural codes and to be able to understand Chinese law, the wider cultural and linguistic contexts must be considered. It also proposes that speech act theory needs to address the interlingual and intercultural variables in the construction of meaning.     

When can a DNA profile be regarded as unique?

The probability that a defendant's DNA profile is unique in a population of untyped individuals is shown to be bounded below by one minus twice the sum of the match probabilities over the population. This bound assumes that the possibility of laboratory or handling error can be neglected, and applies only when there is no non-DNA evidence in favour of the defendant. There cannot be a completely general lower bound: if there is overwhelming non-DNA evidence that the defendant is not the source of the crime stain, then that is also overwhelming evidence of non-uniqueness. Application to k-locus short tandem repeat (STR) profiles is discussed, and illustrated with calculations based on the 6-STR-locus system used in current UK casework. However, because of the problem of the non-DNA evidence, there seems to be no satisfactory way for an expert witness to address the question of uniqueness in court.     

Politicising EU Lawmaking? The Spitzenkandidaten Experiment as a Cautionary Tale

The Spitzenkandidaten experiment has elicited much interest in academic and political circles as a move towards further politicisation of important aspects of EU lawmaking. This article puts forward a sobering account of the normative and instrumental reasons that explain why these expectations were grounded on shaky premises and the experiment could not have delivered its promises. In particular, the article stresses (1) the failure in creating a channel for political opposition through the indirect election of the President of the Commission; (2) the adoption of a formal understanding of the institutions involved in the process, that is, a conception detached from their social basis and (3) the choice of the wrong institution for the purpose of politicisation. The article concludes with a modest proposal for the consolidation of the channels for political action already available at the level of the Member States.     

Ptolemy and Purāṇa: Gods Born as Men

This is an addendum to an earlier essay on the Purāṇic cosmograph interpreting it in terms of the principles of stereographic projection: Kloetzli (Hist Relig 25(2): 116–147, 1985). That essay provided an approach to understanding the broad structures of the Purāṇic cosmograph but not the central island of Jambudvīpa or its most important region (varṣa) of Bhārata. This addendum focuses on the works of Ptolemy as a resource for understanding the Purāṇic materials. It reaffirms the broad outlines of earlier conclusions, but by understanding the major concerns of Ptolemy’s Geography, is able to provide a far ranging interpretation of the Purāṇic central island of Jambudvīpa. Viewed in the light of the main features of Ptolemy’s Geography, Jambudvīpa, the central island of the Purāṇic cosmograph, can be seen as a geograph modeled on the principles of Ptolemy’s Geography embedded within a larger cosmograph modeled on the principles of Ptolemy’s Planisphaerium—the earth at the center of the universe. Parallels between the seven Ptolemaic climates and the Purāṇic varṣas, the Nile and the Ganges, and the inhabited world (oikumene) and Bhārata deepen our sense of shared tradition as do representations of Bhārata alternately as Alexandria and Babylon.     

Does residency matter? Local residency as a predictor of arrest

Prior studies show that a number of offender characteristics impact police officer use of discretion. Although there are exceptions, characteristics such as race and gender have been shown to influence decisions made by police officers with racial/ethnic minorities and men more likely to be arrested than their counterparts. Yet, much less is known about the impact of morphology, an important component from Black’s Behavior of Law, on enforcement decisions. Using 2014 state-wide data on Class ‘B’ arrests in Idaho, we examine the role of morphology, as operationalized by offender residency in the community in which the violation occurred, on the odds of a police officer affecting an arrest as opposed to writing a citation for the violation. Results of logistic regression models show that local residents are significantly less likely to experience an arrest than non-residents. Theoretical explanations and implications for these findings are offered.     

Prohibition of parallel imports as a vertical restraint: per se approach or a misunderstanding?

This paper attempts, on the one hand, to reveal the main principles of Competition Law (regulatory and case law framework) covering the prevention of parallel trade, mainly the prohibition of parallel imports, and on the other hand to cast light on the main effects of parallel imports prohibition imposed by an upstream supplier on the competitive structure of the downstream market. Especially, the regulatory framework that relates to Block Exemption Regulation 330/2010, (ex Block Exemption Regulation 2790/99), with Block Exemption Regulation 461/2010 (ex Block Exemption Regulation 1400/2002) in order to determine whether prohibition of parallel imports constitutes a hardcore restriction or not, while the economic analysis evaluates it in a geographical vertical market with upstream suppliers and downstream buyers which sell goods to the final (domestic) consumers. Administrative anticompetitive measures are considered as well. The results indicate that the prohibition of parallel imports by upstream firms cause vertical restraints to the domestic customers of the buyers.     

Dragon's Blood incense: misbranded as a drug of abuse?

An unknown red substance was being sold and used with other drugs of abuse in Virginia (often being used in conjunction with marihuana). The red substance was identified as Dragon's Blood incense from Daemonorops draco. In bioassays, Dragon's Blood incense exhibited a low, but measurable cytotoxicity in in vitro cell lines. Dragon's Blood incense or Volatilized Dragon's Blood had no adverse effect on mouse motor performance based on the inclined screen and rotorod tests. delta(9)-Tetrahydrocannibinol (THC) produced a dose-related decline in mouse performance on the rotorod test. The combination of Dragon's Blood incense or Volatilized Dragon's Blood with delta(9)-THC did not contribute further to the impairment of the mice on the rotorod. This data suggests that the abuse potential for Dragon's Blood incense alone or in combination with marihuana is minimal.     

Is tobacco a drug? Administrative agencies as common law courts

Professor Cass Sunstein argues that the FDA has the authority to regulate tobacco products. He considers the text of the Federal Food, Drug, and Cosmetic Act, which supports the FDA assertion, and the context of its enactment, which argues against the FDA. He resolves the tension between text and context in favor of FDA jurisdiction by turning to the emerging role of administrative agencies. In modern government, he contends, administrative agencies have become America's common law courts, with the power to adapt statutory regimes to new facts and new values when the underlying statute is ambiguous. Professor Sunstein's Article, like the other pieces in this volume, was written after the United States District Court for the Middle District of North Carolina decided Coyne Beahm v. FDA, but before a three judge panel of the United States Court of Appeals for the Fourth Circuit reversed that decision in Brown & Williamson Tobacco Corp. v. FDA. In Coyne Beahm, the District Court held that the Federal Food, Drug, and Cosmetic Act authorized the FDA to regulate tobacco products, but not tobacco advertising. The Fourth Circuit rejected the District Court's jurisdictional ruling and invalidated the FDA's regulations in their entirety. The Clinton Administration has since requested an en banc rehearing before the Fourth Circuit.     

The environment as a strategic priority in the European Union–Brazil partnership: is the EU behaving as a normative power or soft imperialist?

In 2007, Brazil entered the European Union’s (EU) list of strategic partners; a token of recognition of the place Brazil occupies in current global affairs. Although promoting bilateral environmental convergence is a stated priority, cooperation between the EU and Brazil in this policy field is largely under-researched, raising interesting questions as to whether the current state of play could support EU claims for the normative orientation of its external environmental policy. Through an analysis of partnership activities in the fields of deforestation and biofuels, we suggest that while normative intentions may be regarded as a motivating force, critically viewing EU foreign environmental policy through a ‘soft imperialism’ lens could offer a more holistic understanding of the current state of bilateral cooperation. While the normative power thesis can be substantiated with regard to deforestation, we argue that by erecting barriers to shield its domestic biofuels production, the EU is placing trade competitiveness and economic growth above its normative aspirations. Subsequently, the partial adoption of sustainable development as an EU norm leads to policy incoherence and contradictory actions.     

Environmental Reporting as a Communications Tool: A Question of Enforcement?

This article examines the effect of mandatory corporate environmentalreporting in the context of corporate accountability. It asksthe question whether such reporting can be an effective communicationstool, both internally and externally and whether this will leadto a greater awareness of environmental issues throughout anorganisation, resulting in improved corporate decisions, practicesand outcomes. In order to answer this question, the author drawson longitudinal research examining the performance of the top100 Australian companies. The article then looks at the roleof the regulator, arguing that mandatory environmental reportingshould be coupled with guidance and enforcement by a regulatingauthority. The lack of this enforcement in Australia has resultedin the quality of the reporting being less than optimal. Throughoutthe article, the author has compared the Australian experiencewith that of Norway, which has similar mandatory corporate environmentalreporting laws.     

Why Reflective Equilibrium? III: Reflective Equilibrium as a Heuristic Tool

In A Theory of Justice (1971), John Rawls introduces the concept of “reflective equilibrium.” Although there are innumerable references to and discussions of this concept in the literature, there is, to the present author's knowledge, no discussion of the most important question: Why reflective equilibrium? In particular, the question arises: Is the method of reflective equilibrium applicable to the choice of this method itself? Rawls's drawing of parallels between Kant's moral theory and his own suggests that his concept of “reflective equilibrium” is on a par with Kant's concept of “transcendental deduction.” Treating these two approaches to justification as paradigmatic, I consider their respective merits in meeting the reflexive challenge, i.e., in offering a justification for choice of mode of justification. In the first part of this enquiry (Eng 2014a), I raised the issue of the reflexivity of justification and questioned whether the reflexive challenge can be met within the framework of A Theory of Justice. In the second part (Eng 2014b), I outlined a Kantian approach that represents a paradigmatic alternative to Rawls. In this third and final part, I shall argue that Rawls's reflective equilibrium cannot justify the choice of itself and that in the broader perspective thus necessitated, we cannot escape the metaphysical issues integral to the Kantian approach.     

Does Inequity Aversion Motivate Punishment? Cleaner Fish as a Model System

In human social interactions, punishment is often directed at cheating individuals. Subjective reports and neuro-imaging studies indicate that the experience of interacting with a cheat produces negative emotions and that the act of punishing a cheat assuages these feelings. However, while negative emotions may elicit punishment, the precise source of these emotions remains obscure. Specifically, it is often very difficult to tease apart whether punishing individuals are inequity averse (upset because cheating partner receives more than they should) or, more simply, whether they might be loss averse (upset because their payoffs did not meet their expectations). We compare results on punishment and inequity aversion in humans with results from a non-human model system, the cleaning mutualism between bluestreak cleaner wrasse (Labroides dimidiatus) and its reef-fish ??clients??. Male cleaner fish are known to punish females that cheat during joint client inspections, but a recent study failed to demonstrate evidence for inequity aversion in this species. We suggest that punishment in cleaner fish may be motivated by loss aversion rather than inequity aversion. Punishment in humans might also often be motivated by loss aversion??and empirical studies that disentangle the two competing motives for punishment are a clear research priority.     

The Victim as Policy Agent? Exploring a Single Case from Denmark

European Journal on Criminal Policy and Research - Criminal policy processes often appear abstract and illusive, but sometimes a single criminal incident causes traceable policy impact. This...     

The Judiciary as a Critical Linchpin in Nigeria’s Anti-corruption Crusade

Corruption is a vice that is widespread across all nations in the world. Although it is present in almost every country, some countries have been more successful in curbing it more than some others. Nigeria as a country that has been rated poorly by Transparency International consistently in the last 10 years, has taken steps to curb this vice. Some laws have been enacted and some agencies have also been established to implement these laws. Although they are not perfect, the judiciary is expected to enforce these laws. This paper examines some of these laws; it also discusses the judiciary and posits that to avoid the guilty escaping the hand of the law, the judiciary must be dynamic in interpreting anti corruption laws.