Contracts,promises and meaning the question of intent

Conclusion In this article, I have argued against an intentionalistic theory of promises, such as the theory of Searle, and of others inspired by him. Such a theory leads to a one sided approach, and is unable to account for all the phenomena that count as promises. I have argued that in contract law both the promissor and the promissee play a role of importance, but also that the influence of their intentions is rather limited. I have then extrapolated my argument to extralegal promises.In the last section, I have offered some conjectures as to what may have contributed to the intentionalistic aspect of Searle's theory. My last conjecture was that the ambiguity of the word meaning may play a role. Let me end, in all modesty, by offering a suggestion that might help English philosophers in solving the problems of linguistics, and their translators in interpreting their solutions: the introduction of the word speaning for speaker's meaning!     

Hope, meaning, and growth following the September 11, 2001, terrorist attacks

Positive psychologists found the increase of seven character strengths that encompass the so-called theological virtues, including hope and spirituality, in Americans after the September 11, 2001, attacks. Little is known about how they may affect post-September 11, 2001, mental health. Using multivariate analysis, this study investigated the relationship of hope and spiritual meaning with depression and anxiety in a sample of 457 students 3 months after September 11, 2001. Both characters contributed to lower levels of symptoms. In qualitative analysis, of 313 answers to an open-ended question regarding personal change, four categories emerged. The first three were consonant with other studies on posttraumatic growth (PTG), including changes in the self or behavior, relationships, and worldviews. The fourth category unique to September 11, 2001, was changes in political views. These findings offer further credence to the study of positive aspects resulting from violence-related trauma and highlight the needs for addressing the nature of traumatic events and PTG.     

Varieties of vigilantism: conceptual discord,meaning and strategies

The practice of vigilantism raises a number of broader provocative questions regarding state–society relations. But before pursuing these questions, we must first ask a critical conceptual question: what is vigilantism? In this article, I offer a conceptual analysis of vigilantism to identify and analyse the points of conceptual discord that make vigilantism an essentially contested concept. To address these challenges, I establish the concept’s core definitional dimensions and range of attributes. I then develop a root concept of vigilantism as the collective use or threat of extra-legal violence in response to an alleged criminal act. The root concept better positions researchers to effectively utilise different strategies to amend the concept for varying theoretical and empirical ends, avoid analytical pitfalls that beset existing conceptualisations and pursue promising new research questions.     

法学意义上的社会弱势群体概念

对社会弱势群体概念的理解和认识不应当局限于社会学领域。因为那只是对社会弱势群体的多元化解释中的一种。既然法律是调控人类社会生活的主要规则 ,社会弱势群体就必然需要法律的调整、帮助和保护。那么 ,从法学的角度对社会弱势群体进行解释就并非毫无意义。在法学中 ,社会弱势群体是指由于社会条件和个人能力等方面存在障碍而无法实现其基本权利 ,需要国家帮助和社会支持以实现其基本权利的群体。因此 ,社会弱势群体概念的外延决定于现时社会中被人们认可的基本权利。同时社会弱势群体并不是严格意义上的比较性概念 ,而是身分性概念。     

The meaning of regulatory costs

Regulatory costs are an essential aspect of the efficiency and quality of regulations. Moreover, they are a genuine loss of welfare which have a negative impact on national income. Surprisingly, regulatory costs are often neglected or misinterpreted in regulatory assessments, except—though only recently—for administrative compliance costs. One important reason is the lack of a clear and consistent definition as well as a practical and exhaustive typology of regulatory costs. This conceptual paper presents a cost taxonomy that takes into account all costs of regulation. We identify 16 direct and two indirect regulatory cost types. The former are costs borne by society in preparing and implementing regulations. For the government, they consist of information, decision-making, drawing-up, planning, administrative start-up, operational, monitoring, and enforcement costs. Citizens and businesses, on the other hand, incur rent-seeking, information, planning, three types of compliance, delay and enforcement costs. The indirect costs comprise the efficiency loss plus, in the event of poorly designed or market-based regulation, also transaction costs. The neglect of any of these costs may lead to the underestimation of costs in absolute or relative terms and thus to inefficient regulatory choices.