The ontic uniqueness and irreducibility of language and communicative actions

ABSTRACT

The main focus of the argument presented in this (the first of two) article(s) is directed towards an investigation into the uniqueness and irreducibility of language and communicative actions. It is done on the basis of the distinction between what is ontically given and what can be articulated through the theoretical endeavours of an ontology. The argument unfolds with reference to the inherent anatomical limitations of animals in the articulation of truly human language, and by mentioning the fact that, strictly speaking, the human being does not possess a single 'speech organ.' It also takes into consideration what Plessner has called the 'mediated immediacy' of language, and the inherent ambiguity and choice present in linguistic meaning (Cassirer, Nida and de Klerk). A brief explanation of the transition from the rationalistic epistemic ideal of Enligthenment to the historicism of the nineteenth century and to the eventual linguistic turn (end of the nineteenth and the beginning of the twentieth centuries) serves to elucidate why language as such eventually became a new horizon for reflection during the twentieth century (Heidegger and Gadamer). It is mentioned that Hegel provided a starting-point for communication theory and also that the dialogical principle in the thought of Buber aimed at subject–subject relations at the cost of subject–object relations. Against this background the discussion returns to the problem of uniqueness and multivocality. Examples of primitive (indefinable) terms in mathematics, the discipline of kinematics and the science of linguistics are mentioned. As a first example of the analogical employment of terms, the multivocality of causality is assessed – with specific reference to communicative and historical causality. The brief assessment of the positions taken by Jaspers and Habermas, and the objection against (unfounded) reductionism should be seen as a transitional introduction to the follow-up article (in a later issue of Communicatio) in which the ontic interconnectedness and interdependence of language and communicative actions will be examined in more detail.     

Book reviews

COMPANY LAW by Mary C. Oliver, (1967), published by MacDonald & Evans Ltd,, at 12s. 6d.

A CASEBOOK ON TORT by Tony Weir, published by Sweet and Maxwell Ltd. (1967). Bound: £3.17.6d. Paperback: £2. 2. Od.

PRINCIPLES OF PUBLIC INTERNATIONAL LAW by Ian Brownlie, (1966), published by Oxford University Press, at 63/‐.

THE LAW OF CONTRACT by G. H. Treitel, Second Edition (1966) published by Stevens & Sons Ltd. Bound £3. 17. 6. Paperback £1. 18. 6,

CASEBOOK ON MERCANTILE LAW by E.R. Hardy Ivamy (1967) published by Butterworths: at 25s.

“COMMERCIAL LAW OF SCOTLAND”, by Campbell B. Burns, published by William Hodge & Company Limited, (1966), at 42/‐

BRITAIN AND EUROPE: AN INDUSTRIAL APPRAISAL, vol. 1. by the Confederation of British Industry (1966), published by C.B.I, at 10s.     

Using multiple choice questions to examine the content of the qualifying law degree accurately and reliably: the experience of the Qualified Lawyers Transfer Scheme

The Qualified Lawyers Transfer Scheme (QLTS) provides a route for lawyers from other jurisdictions and barristers from England and Wales to qualify as solicitors in England and Wales. One of the three tests in the QLTS, the Multiple Choice Test (MCT), uses multiple choice questions to examine the syllabus of the qualifying law degree together with some pervasive subjects from the Legal Practice Course. This paper examines the MCT in detail. Particular attention is paid to the format and structure of the questions. We describe the detailed editing which each question goes through before it is used, the statistical analysis and review which take place after an exam, and the rationale for these processes. An explanation is given of what reliability and accuracy mean and how they are measured statistically. There is also an explanation of the “Angoff method” by which pass marks are set. Finally, the paper reports on the first four sittings of the MCT and their statistical results including their reliability and accuracy. Use of the multiple choice test, though well established for examining applied knowledge in medicine and in law in other jurisdictions, is a radical departure for the assessment of law in England and Wales. The experience of QLTS has shown that a carefully constructed multiple choice test of a suitable length can assess the qualifying law degree content both reliably and accurately.     

Deterrence and the Death Penalty: Partial Identification Analysis Using Repeated Cross Sections

Objectives

Researchers have used repeated cross sectional observations of homicide rates and sanctions to examine the deterrent effect of the adoption and implementation of death penalty statutes. The empirical literature, however, has failed to achieve consensus. A fundamental problem is that the outcomes of counterfactual policies are not observable. Hence, the data alone cannot identify the deterrent effect of capital punishment. This paper asks how research should proceed. We seek to make transparent how assumptions shape inference.

Methods

We study the identifying power of relatively weak assumptions restricting variation in treatment response across places and time. We perform empirical analysis using state-level data in the United States in 1975 and 1977.

Results

The results are findings of partial identification that bound the deterrent effect of capital punishment. Under the weakest restrictions, there is substantial ambiguity: we cannot rule out the possibility that having a death penalty statute substantially increases or decreases homicide. This ambiguity is reduced when we impose stronger assumptions, but inferences are sensitive to the maintained restrictions.

Conclusions

Imposing certain assumptions implies that adoption of a death penalty statute increases homicide, but other assumptions imply that the death penalty deters it. Thus, society at large can draw strong conclusions only if there is a consensus favoring particular assumptions. Without such a consensus, data on sanctions and murder rates cannot settle the debate about deterrence. However, data combined with weak assumptions can bound and focus the debate.     

Intimate Partner Violence Among Hispanics: A Review of the Literature

This paper analyzed the existing literature on risk and protective factors for intimate partner violence among Hispanics using the four-level social-ecological model of prevention. Three popular search engines, PsycINFO, PubMed, and Google Scholar, were reviewed for original research articles published since the year 2000 that specifically examined factors associated with intimate partner violence (IPV) among Hispanics. Factors related to perpetration and victimization for both males and females were reviewed. Conflicting findings related to IPV risk and protective factors were noted; however, there were some key factors consistently shown to be related to violence in intimate relationships that can be targeted through prevention efforts. Future implications for ecologically-informed research, practice, and policy are discussed.     

Sibling Proactive and Reactive Aggression in Adolescence

We describe sibling proactive and reactive aggression in middle and late adolescence. Participants were 8th (n?=?303, M _age?=?13.74 years, SD?=?.59) and 12th (n?=?300, M _age?=?17.73 years, SD?=?.56) grade adolescents who completed an in-school survey. Findings revealed that these adolescents were significantly more likely to engage in reactive than proactive aggression with their closest-aged sibling. However, 8th grade adolescents reported greater aggression toward their closest-aged sibling than did 12th grade adolescents. In addition, sex composition of the sibling dyad moderated the association between sibling relationship quality (i.e., warmth and rivalry) and both proactive and reactive aggression indicating unique links for brother-brother and older sister-younger brother pairs.     

Risk Attitudes and the Incumbency Advantage

Explanations for the incumbency advantage in American elections have typically pointed to the institutional advantages that incumbents enjoy over challengers but overlook the role of individual traits that reinforce this bias. The institutional advantages enjoyed by incumbents give voters more certainty about who incumbents are and what they might do when (and if) they assume office. We argue that these institutional advantages make incumbents particularly attractive to risk-averse individuals, who shy away from uncertainty and embrace choices that provide more certainty. Using data from 2008 and 2010 Cooperative Congressional Election Study, we show that citizens who are more risk averse are more likely to support incumbent candidates, while citizens who are more risk accepting are more likely to vote for challengers. The foundations of the incumbency advantage, we find, lie not only in the institutional perks of office but also in the individual minds of voters.