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!     

ECJ denies relevance of 'acquired attractiveness' for registration of shape marks

The ECJ rejects the suggestion of the Dutch Supreme Court thata shape which gives substantial value to the product (in thiscase, a specific stitching on G-Star jeans) may neverthelessbe registered as a trade mark if the shape's attractivenesshas predominantly become the result of its recognition by thepublic as a distinctive sign.     

ON THE SCOPE FOR THE EUROPEAN COMMISSION'S 2006 FINING GUIDELINES UNDERTHE LEGAL MAXIMUM FINE

By relating antitrust fines explicitly to the value of affectedcommerce, the 2006 fining guidelines reaffirm the European Commission'scommitment to deterring competition law infringement. We showthat the legal maximum fine specified in Article 23(2) of Regulation1/2003 seriously constrains the Commission in reaching thisobjective, however. The maximum fine will be binding the calculatedfine for low ratios of affected EEA commerce over total worldwideturnover. Therefore, there is little scope for the Commissionto apply its new fining method effectively.     

Static and Dynamic Patient Characteristics as Predictors of Criminal Recidivism: A Prospective Study in a Dutch Forensic Psychiatric Sample

If clinicians in forensic psychiatry want to reduce risk of reoffending in their patients, they require insight into dynamic risk factors, and evidence that these add predictive power to static risk indicators. Predictors need to be evaluated under clinically realistic circumstances. This study aimed to validate dynamic and static variables as predictors of reconviction in a naturalistic outcome study. Data on static and dynamic risk factors were collected for 151 patients discharged from Dutch forensic psychiatric hospitals. Community follow-up was prospective, with a 5.5 year minimum. A prediction model was developed using Cox regression analysis. The magnitude of the predictive power of this model was estimated using receiver operating characteristic (ROC) analysis. The final prediction model contained four static and no dynamic predictors. The model's ROC area under the curve was .79 (95% CI .69–.89). Clinical risk ratings were non-predictive. Post hoc analyses exploring the influence of subgroups of patients did not yield better models. It is concluded that a small set of static predictors yielded a good estimate of future reconvictions; inclusion of dynamic predictors did not add predictive power.     

Identity Statuses Based on 4 Rather Than 2 Identity Dimensions: Extending and Refining Marcia's Paradigm

Four identity dimensions (Commitment Making, Identification with Commitment, Exploration in Depth, and Exploration in Breadth) were used to derive identity statuses by means of cluster analysis in a sample of late adolescents. This strategy resulted in both a qualitative refinement and a quantitative extension of Marcia's (1966) model. Five clusters were retained. Four of those (the Achievement, Moratorium, Foreclosure, and Diffused Diffusion Cluster) bore a striking resemblance to Marcia's original identity statuses in terms of their definition and their associations with criterion variables. Adolescents in the fifth cluster, the Carefree Diffusion Cluster (low to moderate on both commitment dimensions and low on both exploration dimensions), scored as high as the 2 high Commitment Making clusters (i.e., the Achievement and Foreclosure Cluster) on several indicators of adjustment. Personality characteristics further differentiated these clusters in accordance with theory. The advantages of expanding the identity status paradigm, through additional distinctions that pertain to both commitment and exploration, are discussed and practical implications are outlined. Doctoral Researcher for the Special Research Fund (B.O.F.)—Flanders (Belgium). Current research focuses on adolescent identity formation and development. Assistant Professor of Developmental Psychology, Catholic University Leuven, Belgium. Received PhD in developmental psychology from the Catholic University Leuven, Belgium, 1988. Current research interests include adolescent identity, autonomy, and loneliness. Doctoral Researcher for the Fund of Scientific Research (F.W.O.)—Flanders (Belgium) at the Catholic University Leuven, Belgium. Research interests include parent–adolescent relationships, identity processes, and acculturation orientations of ethnic minority members. Postdoctoral Researcher for the Fund of Scientific Research (F.W.O.)—Flanders (Belgium). Received PhD in developmental psychology from the Catholic University Leuven, Belgium, 2001. Current research focuses on adolescent autonomy, parenting and mediators of parenting effects on individuation and identity. Doctoral Researcher for the Fund of Scientific Research (F.W.O.)—Flanders (Belgium) at the Catholic University Leuven, Belgium. Research interests include motivational processes, self-determination theory, parent–adolescent relationships, and identity processes.